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HomeMy WebLinkAboutCouncil Packet - 10/7/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 7, 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 Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City 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 depaitment. 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 356 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Michelle Weidner, Chief Financial Officer Agenda, as proposed or amended. Minutes of September 23, 2019, Regular Session, as proposed. Minutes of September 23, 2019, Special Session, as proposed. Proclamation declaring October 6-12, 2019 as Fire Prevention Week. Green Advantage Update from MidAmerican Energy. 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 setting the date of public hearing as October 21, 2019 to approve the request by DGOGWaterlooia10032018, LLC (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement (approximately 300 square feet) along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution setting date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish said notice. Submitted By: Brian Bowman, Treatment Operations Supervisor 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and instruct City Clerk to publish said notice. Page 2 of 356 Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Resolution approving Variance to Noise Ordinance request from Cathy Ketton on behalf of Splash of Color Breast Cancer Support Group on October 12, 2019 from 7:00 a.m. to 10:00 a.m. in conjunction with the 8th Annual Splash of Color 3K Fundraiser Walk event, beginning and ending at Sullivan Park and traveling on E. 4th, Sumner, Mobile, and Newell Streets, including music and the use of a megaphone. Submitted By: Corbin Payne, Police Lieutenant 6. Resolution approving request of Ellen Boardsen for a waiver for a concrete driveway, located at 615 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 7. Resolution approving request from Rick Bishop, for Kimball Avenue United Methodist Church, for a waiver for a concrete driveway, located at 1207 Kimball Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 8. Request to certify assessment to property for work performed by the Waterloo Water Works at five (5) locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 9. 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. Sam Barrett, Operations Supervisor Class/Meeting: National Seminars Training - How to Supervise People Destination: Cedar Rapids, IA Dates: November 14, 2019 Amount not to exceed: $184 b. Martin M. Petersen, City Attorney Class/Meeting: Iowa Municipal Attorneys Association Seminar Destination: Johnston, IA Dates: November 22, 2019 Amount not to exceed: $183.25 c. Sgt. Ludwig Class/Meeting: Precision Driving Instructor Recertification Course Destination: Des Moines, IA Dates: September 18, 2019 Amount not to exceed: $150 d. Chris Ferguson, Fire Marshal and Brock Weliver, Lt. Fire Prevention Page 3 of 356 Officer Class/Meeting: Fundamentals of Interview and Interrogation Destination: Waterloo, IA Dates: October 14-16, 2019 Amount not to exceed: $850 e. Steve Carey Class/Meeting: Confined Space Rescue Recertification classes Destination: Aurora/Brookings, SD Dates: September 30 - October 3, 2019 Amount not to exceed: $726 2. LIQUOR LICENSES a. Brown Derby Ballroom, 618 Sycamore Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 9/30/2020 b. Dollar General Store #20584, 1650 Idaho Street Class: B Wine / C Beer New Application Includes Sunday Expiration Date: 10/25/2020 c. Holiday Inn Express, 2127 LaPorte Road Class: Special Class C Liquor w/Living Quarters Renewal Application Includes Sunday Expiration Date: 9/30/2020 d. Hy -Vee #1 Club Room, 2834 Ansborough Avenue Class: Special Class C Liquor Renewal Application Includes Sunday Expiration Date: 10/16/2020 e. Jameson's Public House, 310 E. 4th Street Class: C Liquor w/Outdoor Service/Catering Renewal Application Includes Sunday Expiration Date: 11/2/2020 f. K-Zar, 1761 Independence Avenue Class: B Wine / E Liquor New Application Includes Sunday Expiration Date: 8/31/2020 g. La Michuacana, 1221 Franklin Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 3/26/2020 h. Mama Nick's Circle Pizzeria, 1934 Washington Street Page 4 of 356 Class: C Liquor Renewal Application Includes Sunday Expiration Date: 9/9/2020 i. Three Amigo's Family Restaurant, 2820 Falls Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/24/2020 j. Tobacco Outlet Plus #500, 1803 LaPorte Road Class: C Beer Renewal Application Includes Sunday Expiration Date: 10/14/2020 k. Wal-Mart Supercenter #1496, 1334 Flammang Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 9/30/2020 I. Z's Restaurant, 3937 W. Airline Highway *Adding Sunday Sales* Class: C Liquor New Application Includes Sunday Expiration Date: 7/19/2020 3. Recommendation of appointment of Tyler Janssen from the Civil Service List to the position of Maintenance Mechanic at the Waste Management Services Department, effective October 21, 2019 pending pre-employment physical and drug testing. Submitted By: Brian Bowman, Treatment Operations Supervisor PUBLIC HEARINGS 2. Dry Run Creek Interceptor, Contract No. 877. Public hearing cancelled and rescheduled for October 28, 2019. Submitted By: Brian Bowman, Treatment Operations Supervisor 3. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 4. FY 2019 Gates Park Golf Maintenance Building Replacement Project, Contract No. 1000. Page 5 of 356 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the 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, file, and instruct City Clerk to read bids and refer to Leisure Services Director for further review. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 5. Reallocation of Unspent Proceeds of the Taxable General Obligation Bonds, Series 2017B in an amount not to exceed $65,000 and Taxable General Obligation Bonds, Series 2018B in an amount not to exceed $45,000. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Submitted By: Michelle Weidner, Chief Financial Officer RESOLUTIONS 6. Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D. Submitted By: Michelle Weidner, Chief Financial Officer 7. Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $2,770,000 General Obligation Refunding Bonds, Series 2019C. Submitted By: Michelle Weidner, Chief Financial Officer 8. Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $2,770,000 General Obligation Refunding Bonds, Series 2019C, and authorizing the execution of said agreement by the Mayor and City Clerk. Submitted By: Michelle Weidner, Chief Financial Officer 9. Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D, and authorizing the execution of said agreement by the Mayor and City Clerk. Submitted By: Michelle Weidner, Chief Financial Officer 10. Resolution approving submission of a grant application to the Community Foundation of Northeast Iowa, in an amount not to exceed $16,575.49, to replace ash trees in Sulentic, Valley View, Rooff, and Lichty Parks. Submitted By: Todd Derifield, City Forester 11. Resolution approving the FY 2019 Edward Byrne Memorial Justice Assistance Grant, Page 6 of 356 in the amount of $58,997, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizingthe Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain 12. Resolution approving a Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, in an amount not to exceed $8,650, in conjunction with conducting an Environmental Investigation at the former Wonder Bread Bakery site, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving a Development Agreement with Black Hawk Contracting & Development Co., for the construction of two single family homes, located at 1130 and 1132 Hummingbird Circle, with a minimum assessed value of $150,000 each, and approving a development grant of $5,000 per dwelling, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving a Development Agreement with Adnan Dizdaric and Merima Dizdaric, for the construction of a single family home, located at 1330 Jersey Lane, 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 and Development Director 15. Resolution approving Development Agreement with Lincoln Savings Bank for the rehabilitation of 75,000 square feet of professional office space in the Tech One Building, with an added taxable value of $8.5 million, including City grant of $550,000, twenty (20) years of tax rebates at 70 percent, and $3 million per the Iowa Reinvestment District Grant contract, in Iowa Reinvestment District funds, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution approving an Amendment to the Development Agreement with Hartel Properties, LLC, originally signed on August 5, 2019, to provide tax rebates of 90 percent, 75 percent and 60 percent for a three year time period, located north of 3105 Airport Boulevard, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 17. Resolution approving an Amendment to the Development Agreement with Cedar Valley Real Estate, LLC, of Waterloo, Iowa, originally signed on January 22, 2019 for the renovation of 300 Commercial Street, to change the completion timeline to twenty-four (24) months, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 18. Resolution approving a Professional Services Agreement with Invision Architecture of Waterloo, Iowa, in an amount not to exceed $80,000, in conjunction with the FY 2020 Center for the Arts Parking Improvements, Contract No. 1004, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer Page 7 of 356 19. Resolution approving a Professional Services Agreement with Pro -West and Associates of Walker, Minnesota, in the amount of $8,874.14, to design, configure and implement an in -office and field solution for the City to manage code violations, and authorizing the Mayor to execute said document. Submitted By: Chris Youngblut, Director of Technology 20. Motion approving Final Quantity Summary for a net decrease of $16,086.20 for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 21. Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of $190,129.63, for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and receive and file two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 22. Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 23. Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa, in the amount of $641,372.86, and approving the bonds and certificate of insurance for the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer ORDINANCES 24. An ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958 Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 25. An ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions. Motion to receive, file and consider, and pass for the third time and adopt an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions. Submitted By: Abraham L. Funchess, Jr., Human Rights Director Page 8 of 356 26. An ordinance Amending the City of Waterloo 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. Motion to receive, file, consider and pass for the first time an an ordinance amending the City of Waterloo 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. 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 27. An ordinance amending the City of Waterloo 2008 Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (1a), Coachman Drive, south side in the 2000 Block. Motion to receive, file, consider and pass for the first time an ordinance amending the City of Waterloo 2008 Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la), Coachman Drive, south side in the 2000 Block. 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 OTHER COUNCIL BUSINESS 28. Motion to approve Change Order No. 4, in the amount of $ 19,505.00, to WRH, Inc. of Amana, Iowa, in conjunction with the Waterloo Waste Water Treatment Plant Satellite Wet Well Project, Contract No. 907, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 29. Motion to approve Change Orders Nos. 5-7, for a total decrease of $2,363.27, to Woodruff Construction, LLC of Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager EXECUTIVE SESSION Motion to adjourn to Executive Session 30. Executive Session on the purchase of real estate pursuant to Iowa Code Section 21.5(1)(j). Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Page 9 of 356 Kelley Felchle City Clerk MEETINGS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Waste Management Services Department on the notice of conclusion of employment for Steve Hoambrecker, Waste Management Services Director, effective September 19, 2019, with recommendation of approval of payout of $15,748.78 for unused benefits. 2. Certified List for the position of Digital Media Production Assistant for the City of Waterloo, Iowa Information Technology Department, as certified by the Civil Service Commission on September 27, 2019. Page 10 of 356 CITY OF WATERLOO Council Communication Minutes of September 23, 2019, Regular Session, as proposed. City Council Meeting: 10/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date O'purr�_ iii17fice i8ugby, Nancy Approved 9/20/2,0 i9 ... 1023 Py ATTACHMENTS: Description Type Minutes of 9/23/19 Backup Mat4;n Submitted by: Submitted By: Page 11 of 356 September 23, 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 23, 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: Mayor Quentin Hart 156824 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 23, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 156825 - Juon/Schmitt that the Minutes, 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. 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 Torn Siglin for 30 years of service. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned financial assistance to the Bertch family with regards to the purchase of property for the theme park and the Crossroads/San Mannan TIF District. Noel Anderson, Community Planning and Development Director, explained the Development Agreement for the theme park is ongoing. Plans are to connect the San Marnan and Crossroads TIF Districts. The City is not discussing purchasing the land and selling it back for $1.00 at this time. Lawrence Wheeler, 433 Bratnober, spoke regarding his concerns with a property located at 436 Bratnober. Mayor Hart directed the Building Department to investigate Mr. Wheeler's concerns. 156826 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 156827 - Juon/Amos 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 23, 2019, in the amount of $1,874,359.00, 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. 2019-720. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-721. Page 12 of 356 September 23, 2019 Page 2 1. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-722 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. Resolution adopted and upon approval by Mayor assigned No. 2019-723 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. Resolution adopted and upon approval by Mayor assigned No. 2019-724 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. Resolution adopted and upon approval by Mayor assigned No. 2019-725 7. Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the Taxable General Obligation Bonds, Series 2017B and Taxable General Obligation Bonds, Series 2018B, and providing for publication of notice thereof. Resolution adopted and upon approval by Mayor assigned No. 2019-726. 8. 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. 2019-727. b. Motion to approve the following: a. b. c. d. e. f. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Ehlers Dogs for Law Enforcement Tracking Class New Hartford, IA October 10- 12, 2019 $495 Lt. McClelland and Lt. Richter Management and Leadership Skills for Challenging Times Des Moines, IA September 30 - October 2, 2019 $1,260 Chris Youngblut, Director of Technology Iowa Technology Summit Des Moines, IA September 30 - October 1, 2019 $475 Michelle Davis - Fitness Specialist Midwest Mania - SCW Fitness Education Rosemont, IL October 4- 6, 2019 $650 All SportsPlex Staff Customer Service Training Waterloo, IA October 6, 2019 $600 Chris Ferguson, Fire Marshal and Brock Iowa Chapter of the International Association Cedar Rapids, IA September 11-12, 2019 $530 Page 13 of 356 September 23, 2019 2. g. h. a. b. c. Page 3 Weliver, Lt. Fire Prevention Officer *AMENDED* of Arson Investigators Annual Conference Class New or Renewal Expiration Date Bill Beck, Fire Lieutenant Firehouse Expo and Leadership Conference Nashville, TN October 9- 11, 2019 $999 Martin M. Petersen, City Attorney Live Webinar In Office October 4, 2019 $180 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Anton's Garden, 129 E. 4th Street *Extended Outdoor Service* Sept. 26-29, 2019 Special C Liquor w/Outdoor Service New 9/29/2019 x Hy -Vee C -Store #4, 3700 University Avenue B Wine / C Beer Renewal 10/31/2020 x Newton's Paradise Cafe', 128 E. 4th Street *Extended Outdoor Service* Sept. 26- 29, 2019 C Liquor w/Outdoor Service New 9/29/2019 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Felicia Carter Community Development Board September 23, 2022 New 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 156828 - Schmitt/Amos that proof of publication of notice of public hearing on FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, as published in the Waterloo Courier on September 12 & 19, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4`h Street, questioned the difference between the two public hearings. Jamie Knutson, City Engineer, explained the second items deals with the plats, legals and amounts to be certified for each property requiring repair assessments and the first item deals with the construction contract for those repairs. Lawrence Wheeler, 433 Bratnober, commented the set-up for the sidewalk assessment program is confusing. Pam Campbell, 2837 E. 4th Street, questioned the process for calculating fees for assessments. Mayor Hart directed the City Engineering Department to speak with Ms. Campbell to respond to her question. 156829 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 156830 - Schmitt/Amos Page 14 of 356 September 23, 2019 Page 4 that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-728. 156831 - Schmitt/Amos that "Resolution approving proposed construction of sidewalk improvements", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-729 156832 - Schmitt/Amos that "Resolution to fix value of lots", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-730. 156833 - Schmitt/Amos that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-731. 156834 - Morrissey/Amos that proof of publication of notice of public hearing on FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, as published in the Waterloo Courier on September 9, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 156835 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 156836 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-732. 156837 - Morrissey/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-733. 156838 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $581,838.95 Bidder Bid Security Bid Amount B&B Builders Waterloo, IA 5% $641,372.86 Page 15 of 356 September 23, 2019 Page 5 Lodge Construction, Inc. Clarksville, IA 5% $703,790.60 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 156839 - Amos/Feuss that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-734. 156840 - Amos/Feuss that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-735. 156841 - Amos/Feuss that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why the City would purchase a demonstration model. Dryer feels the garbage truck company should provide demos for free. Mrs. Juon asked Mr. Bennett to clarify purchase as opposed to testing equipment. Randy Bennett, Public Works Director, explained the City is not using the garbage truck for demonstration purposes, but purchasing a truck that was previously used as a demonstration model and as a result the City would be paying substantially less for a practically new truck. Mrs. Klein commented this was savvy shopping on behalf of the City. Resolution adopted and upon approval by Mayor assigned No. 2019-736. 156842 - Klein/Feuss that "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 bond", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-737. 156843 - Klein/Feuss that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned the goal for the Park Avenue bridge, cost, and if other options were considered. Page 16 of 356 September 23, 2019 Page 6 Jamie Knutson, City Engineer, explained the City will receive 12.5 million dollars in federal and state funds for the replacement of two bridges at an estimated cost to the City of 3.4 million. Knutson further explained Waterloo is receiving 1/3 of all grant monies being allotted to the entire state. Mr. Schmitt questioned the need for all the bridges in Waterloo considering the changes in population since the bridges were built and if 12 million will cover the cost of replacing both bridges. Jamie Knutson explained the grant requires both bridges be replaced or the City will receive no grant monies and possibly jeopardize the entire state grant, and that the City will be responsible for any monies in excess of 12.5 million. Mayor Hart questioned the cost for removing a bridge. Jamie Knutson estimated a couple million, but explained it would be difficult in this case as they are landlocked between two levies. Mrs. Klein congratulated Mr. Knutson on preparation for the grant. Jamie Knutson stated credit needs to go to the Department of Transportation and state representatives. Mayor Hart questioned why these bridges were considered. Jamie Knutson explained the bridges have been on the Department of Transportation's list for repairs for numerous years, that the City has been offered smaller grants several times, but that this is the first grant that would cover the cost for replacing the bridges and a huge opportunity for the city. Mr. Morrissey questioned if this was a design and feasibility study. Jamie Knutson explained this is for input from council as to design and amenities for the bridges, preliminary engineering, final design and inspection agreements would be presented to the Council at a later date. Resolution adopted and upon approval by Mayor assigned No. 2019-738. 156844 - Klein/Feuss that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-739. 156845 - Amos/Morrissey that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-740. 156846 - Amos/Morrissey that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Page 17 of 356 September 23, 2019 Page 7 David Dryer, 3145 W. 4`h Street, questioned the amount of property in the acquisition. Noel Anderson, Community Planning and Development Director, explained the City will acquire 12.01 acres in fee acquisition and 6.1 acres in temporary easements for the project. Mr. Schmitt requested an overview of the project. Noel Anderson explained the project is part of the infill policy with a new home on a lot off of Ridgeway Avenue and 4`1' Street which has been empty since platted in the 1990s. Resolution adopted and upon approval by Mayor assigned No. 2019-741. ORDINANCES 156847 - Morrissey/Amos that "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", be received, placed on file, considered and passed for the first time. Mary Potter, 1416 W. 4th Street, questioned reason for changing speed limit from 35 mph. to 45 mph. Sandie Greco, Traffic Operations Director, explained the consultants designing the University Avenue Project have recommended this change based on their design studies. Mrs. Juon questioned the general location on University Avenue where the speed limit change would be made. Doug Schindel, AECOM, explained this is a transition at Greenhill Road and east of there are frontage roads where they are looking at 45 mph. Mrs. Klein questioned why the speed limit isn't 35 mph the entire way. Doug Schindel, explained it is difficult to control traffic coming from the east on Greenhill road going 45 mph. down the hill, moving and used to moving at that speed. Schindel suggested that a speed study could be done in this area. Mrs. Klein stated she lives in that area and feels that multiple speed limits would be confusing for her. Mr. Schindel, explained that from Fletcher to Hwy. 63 there are limited access points and that it would be difficult to limit drivers to 35 mph in that area and as a consultant on this project the change in speed limit makes sense to him and is his recommendation. 156848 - Morrissey/Amos to amend the proposed ordinance as follows: (74) University Avenue — From the northwesterly side of W. Mullan Avenue to a point 400 feet west of Belmont Avenue the west corporate limits (Midway Drive) - 35 mph. From a point '100 feet west of Belmont Avenue to Access "B" d5 mph 51 35 mph Mr. Morrissey presented and read his University Avenue speed limit amendment rationale to the council. Mr. Schmitt questioned why the City would pay hundreds of thousands of dollars to experts for project proposals if the information wasn't based on some level of science. Page 18 of 356 September 23, 2019 Page 8 Doug Schindel, AECOM, responded that their proposals and recommendations are based on traffic and access control studies, but that a speed study could also be performed if the council requested it. Mr. Schmitt questioned the accident rate on this stretch of University Avenue. Doug Schindel responded he would make that information available. Mr. Schmitt stated he feels safety is not the only thing to be taken into consideration that roads are designed to move traffic in an expeditious fashion and that makes sense to him in this area. Mrs. Juon questioned the downside of setting the entire route 35 mph and feels this has a lot of merit for continuity to avoid confusion. Doug Schindel explained the downside would be enforcement issues for the slower speed limit considering the current traffic flow and the speed drivers are currently driving in this corridor. Mr. Jacobs feels it would be beneficial to have more information via a speed study. Jacobs explained he feels the council should want people to use the road rather than steering them away from the road, that business owners want people to come back to University Avenue and that the City shouldn't make it harder for them to access or slow that travel down. Mayor Hart questioned the availability of a speed study and the speed limit on Downing. Doug Schindel responded the speed limit is 25 mph on Downing, a residential street. Mrs. Klein stated her ward runs along this stretch, they are used to going 45 mph, that this will not sit well with those neighborhoods and feels a speed study would be beneficial. Mr. Morrissey stated more than half of this roadway is in Ward 3 and asked the council to respect the opinion of Ward 3 residents as well as the person elected to represent Ward 3. Morrissey feels the vehicle RAMBO could be used effectively in enforcing new speed limits. Morrissey suggested if the public overwhelmingly wished to change the speed limit after the fact then to change it back to 45 mph. Mr. Morrissey asked the Council to move on his amendment to the motion at this time. Mrs. Klein stated, as a large portion of the area is in her ward it would be prudent to allow the experts to review this and report back to the council. Doug Schindel explained a traffic study was performed and that AECOM could provide the council with that information along with accident data if they would like to have a work session. Mr. Morrissey stated this is nothing new, that complete streets committee has talked about 35 mph all along and that the timing of this motion is crucial. Mayor Hart explained the motion to amend on the table would need to be voted on. Mr. Amos questioned if the motion could be changed at the second or third reading once the council received more information. Mayor Hart explained once the council approved a motion at the first reading, that same motion had to be read at the second and third readings in order for it to pass. Martin Petersen, City Attorney, advised the council to vote on the amendment and that if that failed to address the ordinance as presented. Mr. Morrissey questioned what variables are going to be used in a traffic study and requested that the council respect the feelings and opinions of the citizens of Ward 3. Jamie Knutson, City Engineer, explained as AECOM is in the final design stages of this project, speed limits would determine the shape of the curb and gutter. If the speed limit is made 35 mph then the curb and gutter is dependent upon that speed limit. The City would not have the option to change to 45 mph at a later date because of that curb and gutter design. Knutson explained 45 mph Page 19 of 356 September 23, 2019 Page 9 curb has a lower slope. Knutson suggested waiting on the motion for further infonnation from AECOM. Mrs. Klein stated as the item was worded on the agenda amending and voting on the amendment doesn't allow the public an opportunity to weigh in on the subject. Mr. Jacobs expressed to the council that University is a main artery. Plans should encourage not prohibit use and to support the businesses along this route by facilitating increased travel. Jacobs requested more time to receive additional information. Mr. Schmitt and Mrs. Juon questioned if it was possible for a design to go from 45 mph to 35 mph. Sandi Greco, Traffic Operations Director, explained there is a comprehensive formula used for speed studies, not just speed and asked that they be allowed time to complete that study. Mr. Morrissey withdrew his motion. 156849 - Morrissey/Amos that the vote to postpone for two weeks, be approved. Roll call vote -Ayes: Seven. Motion carried. ADJOURNMENT 156850- Juon/Feuss that the Council adjourn at 7:04 p.m. Voice vote -Ayes: Seven. Motion carried. LeAnn M. Even, CMC, IaCMC Deputy City Clerk Page 20 of 356 CITY OF WATERLOO Council Communication Minutes of September 23, 2019, Special Session, as proposed. City Council Meeting: 10/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office 1-1I0y, Nancy App rOV. d 9/20/20 I 9 I :25 P M ATTACHMENTS: Description Type Minutes' of 9/23/.19 Backup Material Submitted by: Submitted By: Page 21 of 356 September 23, 2019 The City Clerk of the City of Waterloo, Iowa, met in the Mayor's Office, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 9:30 a.m. on Monday, September 23, 2019, to receive bids and refer the sale of $2,770,000 General Obligation Bonds, Series 20190, to the best and most favorable bidder for cash, subject to approval of the City Council at 5:20 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer, Maggie Burger, Sr. Vice President Speer Financial and John Murphey, Speer Financial, Inc., Sharon Juon, Council member, Jerome Amos Jr., Council member, and Kelley Felchle, City Clerk. This being the time and place for the opening of bids for the sale of $2,770,000 General Obligation Bonds, Series 2019C, the City Clerk announced the following bids were received: Name of Bidder UMB Bank, n.a. First Bankers' Banc Securities INTL-FC Stone Robert W. Baird & Co., Inc. D.A. Davidson Company Bernardi Securities, Inc. True Interest Rate 1.7232% 1.7760% 1.8006% 1.8190% 1.9470% 2.0485% The best bid was determined to be as follows: UMB Bank, n.a., Kansas City, Missouri, at a True Interest Rate of 1.7232%. Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 5:20 p.m. in the City Hall Council Chambers on September 23, 2019. September 23, 2019 The City Clerk of the City of Waterloo, Iowa, met in the Mayor's Office, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 10:00 a.m. on Monday, September 23, 2019, to receive bids and refer the sale of $3,625,000 General Obligation Bonds, Taxable Series 2019D, to the best and most favorable bidder for cash, subject to approval of the City Council at 5:20 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer, Maggie Burger, Sr. Vice President Speer Financial and John Murphey, Speer Financial, Inc., Sharon Juon, Council member, Jerome Amos, Jr., Council member and Kelley Felchle, City Clerk. This being the time and place for the opening of bids for the sale of $3,625,000 General Obligation Bonds, Taxable Series 2019D, the City Clerk announced the following bids were received: Name of Bidder Piper Jaffray & Co. BOK Financial Securities, Inc. Bankers' Bank Robert W. Baird & Co., Inc. Northland Securities, Inc. Fifth Third Securities UMB Bank, n.a. D.A. Davidson Company IN TL -FC Stone Bernardi Securities, Inc. True Interest Rate 2.0435% 2.0557% 2.0992% 2.1015% 2.1127% 2.1766% 2.3118% 2.3470% 2.3599% 2.4480% The best bid was determined to be as follows: Piper Jaffray & Co., Minneapolis, Minnesota at a True Interest Rate of 2.0435%. Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 5:20 p.m. in the City Hall Council Chambers on September 23, 2019. September 23, 2019 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa, at 5:20 p.m., on Monday, September 23, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, and Juon. Absent: Schmitt. 156816 - Schmitt/Morrissey Page 22 of 356 September 23, 2018 Page 2 that the Agenda, as proposed, for the Special Session on Monday, September 23, 2019, at 5:20 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Presentation by Speer Financial on the bids received for General Obligation Bonds Series 2019 C and Series 2019 D and the City of Waterloo's bond rating. Council discussed the General Obligation Bonds Series 2019C and Series 2019D and the City of Waterloo's bond rating. BOND SALE 156817 - Morrissey/Feuss that proof of publication of Notice of Sale on consideration of the proposition of issuance of General Obligation Bonds, Series 2019C, as published in the Waterloo Courier on September 13, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 156818 - Morrissey/Feuss that "Resolution directing sale of $2,770,000 General Obligation Bonds, Series 2019C to UMB Bank, n.a., at a rate of 1.7232%", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-716. 156819 - Morrissey/Feuss that proof of publication of Notice of Sale on consideration of the proposition of issuance of $3,645,000 General Obligation Bonds, Taxable Series 2019D, as published in the Waterloo Courier on September 13, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 156820 - Morrissey/Feuss that "Resolution directing sale of $3,625,000 General Obligation Bonds, Taxable Series 2019D to Piper Jaffray & Co. at a rate of 2.0435%", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-717. 156821 - Morrissey/Feuss that "Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2011A, of the City of Waterloo, Iowa, dated June 29, 2011, and directing the Notice of Redemption for the above named issue, be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-718. 156822 - that "Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2011B, of the city of Waterloo, Iowa, dated June 29, 2011, and directing the Notice of Redemption for the above named issue, be adopted. Roll call vote -Ayes: Seven. Motion carried Resolution adopted and upon approval by Mayor assigned No. 2019-719. ADJOURNMENT 156823 - Schmitt/Morrissey that the Council adjourn at 5:33 p.m. Voice vote -Ayes: Seven. Motion carried. LeAnn M. Even, CMC, IaCMC Deputy City Clerk Page 23 of 356 cn'Y OF ATE 100, IOWA PROCLAMATION WHEREAS. the City of Waterloo, Iowa, is committed to ensuring the safety and security of all residents and those visiting Waterloo; and intHEREAS. fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS. three out of five home fire deaths result from fires in properties without working smoke alarms; and IAtIIERs, in one-fifth of all homes with smoke alarms, none were working; and WHEREAS. when smoke alarms should have operated, but did not do so it. was usually because batteries were missing, disconnected, or dead; and 'HESS. Waterloo's residents should install smoke alarms in every sleeping room, outside each separate sleeping area, on every level of the home; and Yirmuks, Waterloo's residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and Page 24 of 356 practicing a home fire escape plan twice a year ensures that everyone in the household knows what to do in a real fire situation; Waterloo's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and the 2019 Fire Prevention Week theme, "Not every hero wears a cape. PLAN and PRACTICE your ESCAPE!", effectively serves to remind us that we need working smoke alarms to give us the time to get out safely; ORE, I, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim the week of October 6-12, 2019, as throughout this community. I urge all the people of Waterloo to develop a home fire escape plan with all members of the household and practice it twice a year. IN ESS WHI.. OF, I hereunto set my hand this 7th day of October 2019. ATTEST: Kelley Fetch e Quentin Hart City Clerk Mayor Page 25 of 356 CITY OF WATERLOO Council Communication Resolution setting the date of public hearing as October 21, 2019 to approve the request by DGOGWaterlooia10032018, LLC (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement (approximately 300 square feet) along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive, and instruct City Clerk to publish said notice. City Council Meeting: 10/7/2019 Prepared: 9/19/2019 REVIEWERS: Department Reviewer Action Date 1° pntnnrn'' & Zoning Schroeder, Aric Approved 10/2/2019 ... ll 0:59 MO Clerk Office p in}nin Nancy Approved 1.0/2/2019 ... i p :54 AM ATTACHMENTS: Description D Overview Mnapr D Aerial Ma1p D Staff R.eport • �n.nJ:es • and Survey "nr)tninrn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Type (.()over 1\de.r o (.:over Mer➢rno Memo Memo (.`over Memo Resolution setting the date of public hearing as October 21, 2019 to approve the request by DGOGWaterlooia10032018, LLC (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement (approximately 300 square feet) along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a resolution setting the date of the public hearing as October 21, 2019 to approve the request by DGOGWaterlooia10032018 LLC (Dollar general) of West Plains, Missouri, to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street between Willow Street and MLK JR Drive, and instructing the City Clerk to publish said notice. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on September 10, 2019. None Page 26 of 356 Source of Funds: Policy Issue: Alternative: Background Information: N/A Goal 1: Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attaching new employers and cultivating an adequate workforce. Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. The request to vacate a 10' sidewalk easement along Idaho Street would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The area already has an existing sidewalk along Idaho Street that extends southward to the Martin Luther King Jr. Trailhead and Trail. The 10' sidewalk easement is no longer needed for sidewalk or pedestrian purposes due to the fact there is already an existing sidewalk along Idaho Street to the west of the vacate area. Therefore, staff recommends the request to vacate a 10' sidewalk easement (approximately 300 SF) be approved for the following reasons: 1. The request to vacate the 10' sidewalk easement would not appear to have a negative impact on the surrounding area. 2.The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The 10' sidewalk easement is not needed for sidewalk or pedestrian purposes because a sidewalk along Idaho Street EASEMENT TO BE VACATED: ALL THAT PART OF THE SIDEWALK EASEMENT AS DESCRIBED IN BOOK 6 EASE AT PAGE 182 IN THE BLACK HAWK COUNTY, RECORDER'S OFFICE, BLACK HAWK, COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: APART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5 TH P.M., AND A PART OF THE EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 27 of 356 Legal Descriptions: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTH 1/4 OF SAID SECTION 19, ALSO BEING PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86 -FOOT RADIUS CURVE CONCAVE TO THE SOUTHWESTERLY AND HAVING A 105.63 -FOOT LONG CHORD BEARING SOUTH 46°28'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 211.04 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72 -FOOT LONG CHORD BEARING SOUTH 12°01'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 28 of 356 City of Waterloo City Council October 21, 2019 MIII 211111111111111111111111111111111111111111111111 IIIIIIIIII IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII011111111111111111111�IIIIIIIIII Ill WEBSTER ST. A-1 1111111111111111111 NEWELL' ST I ANTHONY ST JII T: 10111IIIIIIIII ADAMS COTTAGE ST SUMNER ST, :Ir I111111w ST IIIIR-3 III w IIIIIIIIIMIIIIIIIII 11 1 .1Q_ 1IIILI II°z— IIIIIII.....J 1111 1111 11 WILLIOW ST I II HI 11. II C-1, C, -Z ALBANY ST 1 II R-2 R -3,R -P p p III,I ��Illlllll�lllllllllllm�llllllllll G JR A 1 A-1 11111111111111111111111111111111111 111111111111111111111111111111111 M-1 1I11110 111,. GLENWOOD ST i R-3 I :l H 1 1 1 VINEST I 1 ?_-,I11 111 1 L 1111111 0) z X111 1 110 2' I , R-31111111'1II�C1" C1 I'` 1.1" 1111111111 R-3, R- A-11u"'"'II .Io Illlllllllr A-1 1 rrcvpECT AVE RUTH ST I1 11 Iio BOWERS ST cc 11 11.1 1 1 1 11 1 1.11111 111 MADISON ST u1:1::1:1111./.110..NROE ST 'INDEPENDENCE a~, 1Al NAVE ARK AVE BURNSIDEAVE' R-3 C POLK ST 1 1 II II' 1 1I II I I' I r 1. FRENCH ST .'. j MULBERRY ST 1 �' 6' ISM -1 O rCLIFTONAVE DREWAVE ▪ ERIC AVE", MA.rn TOBA AVE` Cc Er • cr EXi 111111111111111110111111111111111111111111111111 M-1 1111111111111111111111111 111111111111111111111111111 R-3 1111 1111111111111 111111 1111.-.7011111111 11111111111111111111111111111 1111111111111111111 1111111111111 A-1 R-2 ARCHER AVE Al Idaho Street north of MLK JR. Drive Vacate Sidewalk Easement Request DGOGWATERLOOIA1oo324318LLC Page 29 of 356 City of Waterloo City Council October 21, 2019 0,141 11�ilIdV''! I W9,tlW mi o mmm 1111111111111111111111111111 1111111111111111 111110011111111111111111111fil 111111111 101111 liiiiiio 11111111111111111111111111111, Along Idaho Street north of MLK Jr. Drive Vacate Sidewalk Easement Request DGOWATERLOOIA1oo32018LLC Page 30 of 356 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: DEVELOPMENT HISTORY: October21, 2019 Request by the DGOGWaterlooia10032018LLC to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street between Willow Street and MLK JR Drive. DGOGWaterlooia10032018LLC, 1598 Imperial Center, Suite 2001, West Plains, MO 65775 The applicant is requesting to vacate a 10' sidewalk easement along the east side of Idaho Street between Willow Street and MLK JR Drive. The request to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street would not appear to have a negative impact on the neighborhood. The request to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street would not appear to have a negative impact on vehicular traffic in the area as the 10' sidewalk easement is not needed for sidewalk pedestrian purposes. The Martin Luther King Jr. Trailhead and Trail is located just south of the vacate area in question. There is an existing sidewalk immediately west of the proposed 10' sidewalk easement vacate area along Idaho Street. This sidewalk will remain at its present location, but the 10' sidewalk easement is being vacated because it is no longer required. The site has been zoned "C -P" Planned Commercial District since the adoption of Ordinance 4950 on July 27, 2009. North — Residential zoned "C-1" Neighborhood Commercial and "R-2" One and Two Family Residence District. South —Agriculture and the Union Pacific Railroad zoned "R- 3,RP" Planned Multiple Family District. East — Agriculture and Residential zoned "R-2" One and Two Family Residence District. West — Agriculture and Residential zoned "R-2" One and Two Family Residence District and "R-3,RP" Planned Multiple Family District. The request would not require any buffering by ordinance standards. The proposed vacate area would not appear to have a negative impact on drainage. Residential buildings built between 1942 and 2014 and a subdivision built to the north in 1961. 10' Sidewalk Easement Vacate- Idaho Street Page 1 of 3 Page 31 of 356 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 RECOMMENDATION: October21, 2019 The 10' sidewalk easement vacate area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0193F. The Martin Luther King Jr. Trailhead is located to the south. Expo Alternative School is located 0.51 miles to the south. There is a 15" sewer line and (5) 48" X 50' drainage culverts just east of the vacate area. There is also an 8" water main along the west side of Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. The Future Land Use Map designates the area as Mixed Commercial: Medium to High Density Residential, Professional Office and Compatible Commercial, and this request would be in compliance with such designation. The request to vacate a 10' sidewalk easement along Idaho Street would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The area already has an existing sidewalk along Idaho Street that extends southward to the Martin Luther King Jr. Trailhead and Trail. The 10' sidewalk easement is no longer needed for sidewalk or pedestrian purposes due to the fact there is already an existing sidewalk along Idaho Street to the west of the vacate area. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on September 10, 2019. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate a 10' sidewalk easement (approximately 300 SF) be approved for the following reasons: 1. The request to vacate the 10' sidewalk easement would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The 10' sidewalk easement is not needed for sidewalk or pedestrian purposes because a sidewalk along Idaho Street 10' Sidewalk Easement Vacate- Idaho Street Page 2 of 3 Page 32 of 356 already exists. 10' Sidewalk Easement Vacate- Idaho Street Page 3 of 3 October21, 2019 Page 33 of 356 Vacate Request — Idaho Street and MLK Jr. Drive 1 9Vuuw' yW IYIIIVI'YYNm''"'�'''0" wlw"IlwYj uum111 .11L1)1.111111111111 imwgW 011111111111 dl uuulul wwwV q\11W Igi001 IIII �„ � 1 111111 II III III II IIII IIIIIIIIIII II Il 111 0 1111 001100 1111 1111, IIl1w111111111�11, 11N11IY� � 111111��111I��'r;l I,1V� 0Ivld, �II1IUwII1II,I��I1;I�i�i�1°l��01� 111 11110 10101111 11 1111)11101'1 )6�11fl11I 1001 i1ii..1 I1I11 1YI1I 1llliN"ln'jPn0ii11lu111,1u 11 101\I\I�O0 11 111111 01111,0010000000000000000004000000K � iiiuu 000K110 1001 0'II 0 0000 wwlwowwlww1 """"11 IIIu�0 I 0100 I�l JII �7I III liIVIA1��1luIIh11 dl n 111 111�1 11111U��' IIIII�� II ,I P IIIII�I io VI II`11ii 1( i'��II;Yii 1��1\11�"`tlIIIIIIQ 11,1111111011 dILlI I �I W f��d1�1.11 �11'liYll.�llw 1,I1I�.I '�11 1� 11 . 11111,, 1111 � ))IIIII III111111 . ,11II�I,IIaIIdIIlI'IIy"�IlI1�I1I � I1 II1II11 I11II0II I IIIII�III II. u IwuI,ulIl,l,l �II00000000 !Ull�llli1011111lllll�l 1N1111111 1Kpdil1m0,00,00,10,010000,0100000,00,0010110001 pw, 1,000,00101000000001000000000 11111111111 VIII 1 100 w11, a II'I, 00.0100.111011101111„0100111000 wIj 4 „ �, 110����41���I11 1 Iwtl 110 plllll p„ 11 ',Ij111 ''" 111111 � 1111 itii1H 1�0I101 11 11111111cud 10101111011110111111111111111111111i1Nlp�gd Ii�llll111111111 111111 11111111111111111111E11111111111111111 Looking north along the east side of Idaho Street at the area that is requested to be vacated. 100111111111111111111 Looking west across Idaho Street at the existing overhead electrical lines. These power lines are not in the vacate area. 111 00,0000000000000000001'0110011010001010110000101101.111000101! 0Y0001100,N �,��111�11!AII v IP 111, IYIIu �a 000 w ,il^�° IdPl�l�lll l�f�li'1vY iM I�Y",1 YI II^,�1IWI 'Yuwulwµ 1111 � ,, ''� tui„� 1111 Looking east from the east side of Idaho Street at a storm water inlet and the existing drainage way. rd Looking east from the area in question at the existing drainage way. Page 34 of 356 Vacate Request — Idaho Street and MLK Jr. Drive 2 4 W,o„6p„J.�Iv'legr /// 0 Looking northwest at the area requested to be vacated. Page 35 of 356 EASEMENT TO BE VACATED: ALL THAT PART OF THE SIDEWALK EASEMENT AS DESCRBIDED IN BOOK 6 EASE AT PAGE 182 IN THE BLACK HAWK COUNTY, RECORDER'S OFFICE, BLACK HAWK, COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5 TH P.M., AND A PART OF THE EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTH 1/4 OF SAID SECTION 19, ALSO BEING PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86 -FOOT RADIUS CURVE CONCAVE TO THE SOUTHWESTERLY AND HAVING A 105.63 -FOOT LONG CHORD BEARING SOUTH 46°28'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 211.04 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72 -FOOT LONG CHORD BEARING SOUTH 12°01'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 38 of 356 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 CI Offer to Vacate and Purchase City Right -of -Way ca Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement L-.1 Sale of City -Owned Property DGOGWaterlooia10032018LLC 1598 Imperial Center, Suite 2001 Applicant: Address:west Plains, MO 65775 Phone No.: 417-256-4790 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 10' sidewalk easement along the east side of Idaho Street per Exception 4C of the attached survey. Legal description of area to be conveyed, vacated, or encroached: see attached 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): n/a 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: n/a Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" 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: n/a. 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves addition constriic s the reason for the request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 8/7726,14 Page 39 of 356 CITY OF WATERLOO Council Communication Resolution setting date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish said notice. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department Reviewer Action Date :ing (d entz D en n s Rejected 10/2/2 ' 7 AM ing Ross, '.p. racia .Approved 10/2/201.9 ... ll gyp: p 3 .M: ing (Qentz, Dennis .Approved. 10/2/201.9 - igyp:p9 A M. Clerk Office p 1..p )y, Nancy Approved. 10/212,019 - i (p. `r AM ATTACHMENTS: Description Type D Com 877__NPH Coven l\4lei:no D(`ont g�"7"/ N,..p,i..:3 SUBJECT: Submitted by: Expenditure Required: Background Information: Resolution setting date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish said notice. Submitted By: Brian Bowman, Treatment Operations Supervisor Page 40 of 356 Revised Notice of Public Hearing As Referenced in Addendum No. 2 Dated 10/1/2019 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the DRY RUN CREEK INTERCEPTOR In the City of Waterloo, Iowa CONTRACT NO. (877) 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 24tr, day of October, 2019, until 1:00 p.m. for the construction of the DRY RUN CREEK INTERCEPTOR, CITY CONTRACT NO. 877, 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 24th 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 28th 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 AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 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/ NOTICE OF HEARING CONTRACT NO. 877 AECOM #60330823 (2019) NPH -1 OF 2 DRY RUN CREEK INTERCEPTOR, rageof 356 Revised Notice of Public Hearing As Referenced in Addendum No. 2 Dated 10/1/2019 SCOPE OF WORK This project consists of construction of the Dry Run Creek Interceptor along the San Marnan Corridor in Waterloo, Iowa. The project includes a new pumping station (with a natural gas generator for back-up power) to replace the Tower Park Station, a force main to pump the flow to the east along San Marnan, and a gravity sewer system along San Marnan flowing east to an existing line on Hess Road. The project also includes the installation of a new natural gas generator at the Texas Street Lift Station. 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 , 2019. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 877 AECOM #60330823 (2019) NPH -2 OF 2 DRY RUN CREEK INTERC�E�PTOR of 356 Edits to NOTICE TO BIDDERS As Called Out in Addendum Nos. 1 and 2 Dated 9/25/19 and 10/2/19, Respectively NOTICE TO BIDDERS For the Taking of Construction Bids for the DRY RUN CREEK INTERCEPTOR In the City of Waterloo, Iowa CONTRACT NO. 877 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 24th day of October, 2019, until 1:00 p.m. for the construction of the DRY RUN CREEK INTERCEPTOR, Contract No. 877, 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 24th 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 28, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK This project consists of construction of the Dry Run Creek Interceptor along the San Marnan Corridor in Waterloo, Iowa. The project includes a new pumping station (with a natural gas generator for back-up power) to replace the Tower Park Station, a force main to pump the flow to the east along San Marnan, and a gravity sewer system along San Marnan flowing east to an existing line on Hess Road. The project also includes the installation of a new natural gas generator at the Texas Street Lift Station. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before November 30, 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. 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. NOTICE TO BIDDERS CONTRACT NO. 877 AECOM #60330823 (2019) NTB-1 OF 4 DRY RUN CREEK INTERCEPTOR, of 356 Edits to NOTICE TO BIDDERS As Called Out in Addendum Nos. 1 and 2 Dated 9/25/19 and 10/2/19, Respectively PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, 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. Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #6492403 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $150.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above 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 and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time -sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. 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. 877 AECOM #60330823 (2019) NTB-2 OF 4 DRY RUN CREEK INTERCEPTOR of 356 Edits to NOTICE TO BIDDERS As Called Out in Addendum Nos. 1 and 2 Dated 9/25/19 and 10/2119, Respectively 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%) for 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, NOTICE TO BIDDERS CONTRACT NO. 877 AECOM #60330823 (2019) NTB-3 OF 4 DRY RUN CREEK INTERageOR- of 356 Edits to NOTICE TO BIDDERS As Called Out in Addendum Nos. 1 and 2 Dated 9/25/19 and 10/2/19, Respectively the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CONTRACT NO. 877 AECOM #60330823 (2019) NTB-4 OF 4 DRY RUN CREEK INTERageOR- of 356 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and instruct City Clerk to publish said notice. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date nnmeeu•"nng <derutz, Den n .s ./1pproved. 10/2/201.9 .. 10:04 AM t.'Ilenk Office p^;veni, 1:,eAm Appara: ved 10/2/2009 9 ... 1:%:33 PM. ATTACHMENTS: Description Type D Com 996 NPH Coven: Memo D Cont 996 _NIB Cover Memo SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Plans prepared by AECOM Source of Funds: GO Bonds Page 47 of 356 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Cathy Kelton on behalf of Splash of Color Breast Cancer Support Group on October 12, 2019 from 7:00 a.m. to 10:00 a.m. in conjunction with the 8th Annual Splash of Color 3K Fundraiser Walk event, beginning and ending at Sullivan Park and traveling on E. 4th, Sumner, Mobile, and Newell Streets, including music and the use of a megaphone. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date Clerk: Office, Hi by, Nancy Approved 10/1/2019 49 ATTACHMENTS: Description Type Noise Variance saar)"rpuBackup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from Cathy Ketton on behalf of Splash of Color Breast Cancer Support Group on October 12, 2019 from 7:00 a.m. to 10:00 a.m. in conjunction with the 8th Annual Splash of Color 3K Fundraiser Walk event, beginning and ending at Sullivan Park and traveling on E. 4th, Sumner, Mobile, and Newell Streets, including music and the use of a megaphone. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 48 of 356 APPLICANT'S NAME: APPLICATION FOR VARIANCE TO NOISE ORDINANCE (1. ' APPLICANT'S ADDRESS: -8 ) -// (371r/rai1 APPLICANT'S PHONE #: 5/( ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: TIMES OF DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: )b,i) y4' fL DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. ) ) '2 97' 21d .)(c 06,0ii)iii be 4' 4' CITY COUNCIL ACTION: APPROVAL: DENIAL: pplie t's gnature /4/ /i/ Date / Police Dept. Recommendation APPROVAL: DENIAL: DECIBEL LEVEL: Page 49 of 356 CITY OF WATERLOO Council Communication Resolution approving request of Ellen Boardsen for a waiver for a concrete driveway, located at 615 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date pnmeer1n r Gentz, Dell Approved 10/2/2010 ... ll gyp: p 8 AM t.`kit k Office p p it by, Nancy Approved 10/2/2010 ... 0 20 AM ATTACHMENTS: Description Type D D llaSt (117over Menlo SUBJECT: Resolution approving request of Ellen Boardsen for a waiver for a concrete driveway, located at 615 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. I.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: CEDAR TERRACE SECOND ADDITION LOT 60 Page 50 of 356 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at concrete or asphalt) 1(/ f„) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature o Page 51 of 356 CITY OF WATERLOO Council Communication Resolution approving request from Rick Bishop, for Kimball Avenue United Methodist Church, for a waiver for a concrete driveway, located at 1207 Kimball Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date pnmeeu• ng Gentz, DC11 .s Approved 10/2/2010 16 AIM t.'lletk_ Office p p it by, Nancy Approved 10/2/2010 ... 10 2 p A M ATTACHMENTS: Description Type D ll:)\U K.nu h[ba U Ave (.'over Memo SUBJECT: Resolution approving request from Rick Bishop, for Kimball Avenue United Methodist Church, for a waiver for a concrete driveway, located at 1207 Kimball Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: Background Information: Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 1207 Kimball Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. UNPLATTED WLOO WEST N 221 FT NW SW NW SEC 35 T 89 R Page 52 of 356 Legal Descriptions: 13 FORMERLY PART OF LOT 27 AUDITOR FRANCIS REITZEL PLAT EXC ST AS DESC IN DEED B 343 P 409 Page 53 of 356 Date: �%�//7 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: WAIVER 2 Mole- 64i'51-,s,pc -1(1 'P txt`e`` West ppo , Z e, I hereby request a waiver to the driveway and sidewalk specifications for the construction of a --, driveway or sidewalk located at (concret or asphalt) 207 K. 194‘_i1 une- This waiver is needed because of: (Address) special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). Xelimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver Is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, `� / Jai -/op .r) d ���� /4ve C ,7 -t/e/ fie ' , ,51 ✓ C' Lac Printed Name of Property Owner Signature of Property Owner Page 54 of 356 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works at five (5) locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer \\Tatter Works Coon, Clad Clerk: Office by, Nancy ATTACHMENTS: Description ilba r 18, :"019, i o ard aCt on assessmeni t fl Street Sc14cr 18, 2019. 1020l^aaaaakpaana Street Selateananabe r G B., 2019, Board action 1.20`) l:.auadolpli Street September G 8, 20 p lBoard actionna Qa4ase Parcel 8913 Septe'.mber 18 201 i)„ ll3oQa:ad Qacuiiaar Qassa ssrnent. letter Parcel 891.3 Action Date /approved. 10/1/2 AM Approved. 10/1/2019 ... lG:24 A.M. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Type c°l:a:alr Mua erial ckup Material a;pcup Material ckup:riial e:°psa:ara Ma u fall Request to certify assessment to property for work performed by the Waterloo Water Works at five (5) locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their September 18, 2019 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 55 of 356 CHAD COON General Manager WA ERLOO WATER WOR 111111111111 11111 325 SYCAMORE STREET P.O. BOX 27 WATERLOO, IOWA 50704 September 27, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: i''''�'il' Y➢ 1wI0iW11r141M 1� 319-232-6280 FAX: 319-232-1962 <S TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, September 18, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $606.40, which is supported by invoice from All Star Plumbing & Heating, Inc., and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to repair the pave box at 925 Reed Street, which is located on Lot 68, except the South 25 feet thereof, and the South 45 feet of Lot 69, in Allen Heights Addition to Waterloo, Black Hawk County, Iowa, and owned by Priscilla Culp. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 56 of 356 Page 2 It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 57 of 356 CHAD COON General Manager 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 September 27, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: muuWAu„.1,4 ,11.1iiivV°V°VW1° 319-232-6280 FAX: 319-232-1962 TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, September 18, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $1,697.54, which is supported by invoice from Chad's Plumbing, and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to repair the pave box at 1020 Franklin Street, which is located on Lot No. One (1) and the Northeasterly Thirty (30) feet of Lot No. Four (4) in Block No. Forty-three (43) in the Original Plat on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, and owned by FSPI, Ltd. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 58 of 356 Page 2 It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 59 of 356 CHAD COON General Manager WATER '....00 WA - 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 September 27, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, September 18, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $1,237.46, which is supported by invoice from All Star Plumbing & Heating, Inc., and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to repair the pave box at 1205 Randolph Street, which is located on the South 30 feet of Lot No. 18, in Block No. 1, in Miller's Addition to Waterloo, Iowa, Black Hawk County, and owned by RTL Enterprises, LLC. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 60 of 356 Page 2 It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 61 of 356 CHAD COON General Manager 325 SYCAMORE STREET - P.O. BOX 27 WATERLOO, IOWA 50704 September 27, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-2:32.1962 TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, September 18, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $388.67, which is supported by invoice from All Star Plumbing & Heating, Inc., and the Waterloo Water Works, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to repair the service line in the 100 block of Gable Street, Parcel No. 891313360009, which is located in Manson's Fourth Addition, the East 28 feet of Lot 5 in Block 1, City of Waterloo, Black Hawk County, and owned by Brian L. Dettmer. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the service line, the Waterloo Water Works caused the service line to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 62 of 356 Page 2 It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm „Al) Page 63 of 356 CHAD COON General Manager WA1 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 September 27, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, September 18, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $388.67, which is supported by invoice from All Star Plumbing & Heating, Inc., and the Waterloo Water Works, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to repair the service line in the 100 block of Gable Street, Parcel No. 891313360013, which is located in Manson's Fourth Addition, the East fifty (50) feet of Lot Eight (8) in Block One (1), the East fifty (50) feet of Lot Nine (9) in Block One (1), City of Waterloo, Black Hawk County, and owned by Joseph A. and Deborah K. Sailor. WHEREAS, the property owners did not respond to the notification from the Waterloo Water Works and did not make repairs to the service line, the Waterloo Water Works caused the service line to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 64 of 356 Page 2 It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 65 of 356 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: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date Clerk Office b y, N du u y Approved 0/1 /:y,i) ATTACHMENTS: Description Type D Exhibit p::.3°ackuar IVpa:ucll. SUBJECT: P C\4 Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 66 of 356 EXHIBIT A Weed Removal Weed Removal Sidewalk Garbage 0 v, o_ v, 0 4 V $137.81 CO 0 no-, M $31.85 $33.50 Storm con N A N N ,6 cx) "" A- $36.80 $10.08 $11.28 Sewer $12.35 N \O 4 M EA $34.03 cc N C 00 64 ,n N N 69 h N V 69 NN vi 69 Address 1658 Hyperion Drive 2135 W. 3rd Street 1420 E. Mitchell Avenue 617 E. Donald Street 1415 Hammond Avenue 1012 W. 71h Street 916 Independence Avenue Parcel Number 8913-10-302-016 8913-27-454-001 N 9 O M \O M M CC 00 8913-12-380-017 8913-36-351-017 8913-26-451-005 O 9 O O M N CC 0C —1 N M N lG N 00 C1 O .-. - .-. N .--i M —4 — MfJ —4 .-. .-. Council Date: 10.07.19 Page 67 of 356 EXHIBIT A Council Date: 10.07.19 Page 68 of 356 cc ,--i c — o N N c‘i N ri N v N vi N Council Date: 10.07.19 Page 68 of 356 CITY OF WATERLOO Council Communication Recommendation of appointment of Tyler Janssen from the Civil Service List to the position of Maintenance Mechanic at the Waste Management Services Department, effective October 21, 2019 pending pre- employment physical and drug testing. City Council Meeting: 10/7/2019 Prepared: 9/30/2019 REVIEWERS: Department Reviewer Waste Manage]nenrt bownnan, t.'lIerk Office cy Action Date Approved 9/30/2019 ip:06 /•..M. Approved 1/1/2.0 fi g P M ATTACHMENTS: Description Type D P ersawrn:une l ii.a:, lauuw ptioii p orrrn 13 ado' D uulnr lviateria.I] D i'ersornnel u:u.ia l laterirnll D Civil Service List Ra�;p�uniu 1' SUBJECT: Submitted by: Expenditure Required: Source of Funds: Recommendation of appointment of Tyler Janssen from the Civil Service List to the position of Maintenance Mechanic at the Waste Management Services Deparlinent, effective October 21, 2019 pending pre-employment physical and drug testing. Submitted By: Brian Bowman, Treatment Operations Supervisor Basic rate: $28.80/hr (or) $59,904 annual With Benefits $42.12/hr (or) $87,600 annual (assuming family health insurance) S ewer Funds Page 69 of 356 PERSONNE1, REQIJISTK)N FORM 'REEF] VE Check as apOlicablue El To start recruiting fir run v service prixess added El aro, fill a vacancy Active Civil Sent ietu 1„,Ust, Expires; a* My 1,1 A 1, browned j b nest iption and questionnaire aecotnpany this farm at tune dsubmission to iluntan Resources. * 11************** 6/ 1*** ***4 ******** * ****94 * ******,'*.**** ** * ** * * * * **iv*** * * Posifion Title: Reports o; 14* 11111111.....M1it1ha1tan11bY1ee1 11t1e 1) 11 1 W'ate MittaNtIffichlfrtatlitYllattli„...„,..,.. N,RittatlAttecEtgTeifragtjSaagteGbheTtY ailork Locatican 3151)5 Easton Avit 1i1n19y41diri1Id 41 11i& 4411 fru 1 1 lat Temporary Full Tinie from , ape trt Regular Part Time temporary Pet finite front to IE Regular 17-44Jon1 EI Inlerififid-op Studetnt hem to „. littaK.SttbrgttiOttit: Cikft Serlqintta POSition: irtargathing Position: Ition-happaining Position: F1,ecit1hitte1ded Recruitment fitibitatag 1.11 91 bto LI Internal Itosting Curtly ace EE1 Yes Nointennual Posting and Extental Advertising tug , [ es L No 11 9999499994 411411444444*4449*944444414444 ****** ,1.**** 49999494944944 10 Complete the Itilleurt Imp 11 11 rerfilialtion is to la4 vacancy Ell New Positit11 1 ErtlI Renlacenteto Efrattion for !Stan Sada- ¼1911 /11111444 natuntini) cumin on farnier incumbent) replareettlerit„. hornier lac Umbent; [1111 Iteuired/Rcsignefilliermininted 111 "Transferieg TEd Promoted thatc incumbent terminnurd enhaktyment, Date of final payOtta ttt)tLibbitteti, Anbakipated start date: jelgjal tho..9 4 141 4 4/ 14 vcortc schedule: 57igIt judiettfr dogual salary- requitements; 5 8fib4 4 licturty Rate; Is position bartgeteut for this emit nurture leYs? 1.11ttl1 Yes ato 1 ft no, trove will position be funded? ittatifkati011441'freed lair position; The trancancy is Chug to a retirement Vtlhat are the corusequenttes tithe postitin l' 14991 filled? 'Needed fraud:its tot441491 be d4/ 94144)44ailed ink a tune manner; APPROV AI Apphyved sttbject to the thlthwi.ng chadifions: Sitibmitting DeparytterttoitI6'4 14alte" dwancial Officer 7tti‘E.E.0 tiurglarg 44":11,11ttee k..,r0,11.1.peniVrt [tate it'et tI liturnaa Resources Niarsagetr Page 70 of 356 Submit resume by going to www.citvofwaterlooioWaCOM clicking on Career Opportunities, reviewing the Plant Maintenance Mechanic description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly etnailed resumes. Deadline to submit resume is 070,0,00:0° 0 0F0 DEPARTMENT SALARY EISA CIVIL SERVICE BARGAINING UNIT 4.700.0010.0.000000000 CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PLANT MAINTENANCE MECHANIC WASTE MANAGEMENT SERVICES 27.80 per hour with $1.00 increase after probation NON-EXEMPT INCLUDED MUNICIPAL :EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Skilled technical position responsible for installing, repairing and general maintenance of plant equipment, machinery and facilities at. the Pollution Control Plant and City lift stations. The work is perfbrrned under the general direction of the Maintenance Foreman and Waste Management Services Director, but considerable leeway. is granted for the exercise of independent judgment. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only 'fhese functions are considered essential for successful performance in this job classification: The essential functions are performed according to the Standard Operating, Procedures. The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities. Maintains and repairs a variety of equipment, machinery and control systems. 2. Installs and/or perfimns major mechanical repair of pumps, engines, motors and other auxiliary equipment. Performs electrical, plumbing and welding to repair equipment.. 4. Performs daily field checks of all systems operating equipment for proper operation and needed maintenance. Performs routine preventive maintenance and. repair of a variety of equipment and. machinery. 6. Performs general building and grounds custodial tasks including painting, mowing, shoveling snow and repairing windows. 7.. Lifts, carries, pushes and pulls items weighing up to one hundred (100) pounds with assistance as needed. 9 Drives light and heavy-duty equipment and vehicles as assigned. Works outside in all weather conditions; works near and around mechanical, hydraulic. and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility limited; walking surface may be wet or slippery. 10. May stoop, kneel, reach, turn, crawl, climb or crouch for an extended period of time in. cramped or difficult to reach areas. 11. Enters and works in confined spaces with entry space being as small as twenty-two (22) inches using permanent or portable Page 71 of 356 vertical ladders at a depth of up to forty (40) feet; climbs and works at heights up to fifty (50) feet. 12. Works at different or repetitive workload pace, independently and with others with minimum supervision. 13. Attends work regularly at the designated place and time. 14. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 15. Performs all other related duties as assigned. UIRED KNOWLEDGE & ABILITIES Considerable knowledge of standard practices, methods, tools and materials of the mechanical trade. 2. Considerable knowledge of welding, metal work, machine work and related occupational hazards connected with general maintenance operations. Considerable knowledge and skill in use and care of bench and hand tools, machines and equipment of the mechanical trade. 4. Knowledge of occupational hazards and the safety precautions necessary in the operation and maintenance of a pollution control facility. 5. Ability to assess and repair complex maintenance problems using tools, materials and procedures involved in machine, pump, motor and other equipment installation and repair and make decisions based on standard operating procedures. 6. Ability to understand and carry out difficult oral and written instructions. 7. Ability to communicate orally and in writing when required to present facts and recommendations clearly and concisely. 8. Ability to limit exposures to infectious waste, toxic and explosive gases or unfavorable natural ventilation. 9. Ability to complete daily work sheets, keep thorough maintenance records, prepare written reports, complete forms and perform. required record keeping. 10. Ability to complete assigned work projects without direct supervision. 11. Ability to communicate with coworkers and supervisors by radio, give and receive instructions, and read, analyze and record complex technical data and computations. 12. Ability to communicate effectively and maintain working relationships with coworkers and supervisors. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/equivalent. 2. Must obtain a Grade I Waste Water Operator Certification from the State of Iowa within twenty-four (24) months of employment; Failure to obtain this certification within the stated time will result in termination of employment. Must maintain this certification after employment. Failure to maintain the appropriate certification will result in disciplinary action up to and including layoff or termination. Minimum two years experience as machine maintenance mechanic including plumbing, mechanical and electrical experience. 4. Must obtain within six month probationary period and maintain Iowa Class A or B Commercial Driver's License. Good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the. position when the City issues an offer of employment; loss of license, plea of guilty, Page 72 of 356 plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations Our moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may he reviewed Our the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OW1., reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on. City business; three or more at -fault accidents within a three year period.. 5. An applicant's driving record will be reviewed prior to an after of employment and at least annually after hire.. 6. Must be trained regarding Permit Required. Confined Space Program as required by. department head 7. Willing to he CPR and First Aid Certified if required by department head. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. Sufficient strength to perfami assigned tasks including but not limited to 1i.fling and carrying up to one hundred (100) pounds with assistance as needed or to move barrels weighing up to five hundred (500) pounds with proper equipment. Sufficient. physical and mental stamina to work double shifts during flood or other weather emergencies.. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone and radio. 4. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, move from one Waste Management Services facility to another and work. in cramped spaces or difficult to reach areas.. Sufficient manual dexterity and coordination. for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems, to communicate with coworkers and for safety. purposes. MISCELLANEOUS Required to wear personal protective equipment, such as safety shoes, safety glasses, hardhat and hearing protection.. 4, Required to wear standard uniform . as supplied by City. Must comply with the City of' Waterloo Residency Policy for Critical Employees (must live within 10 -mile radius of Waterloo City Hall) within six. months of employment. Must maintain a local. telephone number in order to be contacted. during emergencies. Required to submit to Department of Transportation requirements for CDT., driver's including pre-employment, post- accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing,. 5. '''fhe City of Waterloo requires a physical. examination by a physician of the City's. choice, including a drug test, to determine if an applicant is capable of performing the, essential functions of this job classification. Failure to pass these tests will result in. withdrawal of employment offer. 6. The City of Waterloo reserves the right to. conduct a background investigation including Page 73 of 356 employment and criminal history checks on any applicant being considered for this position 7. Required to submit to and pass Civil Service examination procedures including oral interview testing. May also be required to prove mechanical aptitude. 0 SCHEDULE II generally be assigned to work 7:00 a.m. - 3:00 p.m. Monday -Friday but may be called any hours or days for maintenance related breakdowns, plant emergency or severe weather conditions. Intermittent overtime based on staffing needs EXAMINATION INFO f TION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will he the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. ORAL E NATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. Minority,A.A.IE.E.O. female & disabled individuals are encouraged to apply. PLANT MAINTENANCE ME(i-LANIC-WMS DESCRIPI-1O 17 June 2017 Page 74 of 356 PERSONNEL REQUISITION Plant .Maintenance Mechanic. Waste Management Services Dept (I) What are the key job responsibilities of this position? Performs critical repairs on echanicul equipment at Lift Stations. the 14/.. IP and (2) Can the job responsibilities of this positionbe assigned to other employees within the department? If no, why not'? No, due to amount of equipment in the Deptand skill set required for this position, (3) How is the work of this position 'being accomplished now'? This it a recent vacancy and work is not being performed (4) Are the filled positions in your department currently being utilized to their maximum potential? yes (5) How would, filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis 'if a regular position)? Helps assure critical equipment is repaired in a timelyfashion. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Being able to properly complete PflvUs and required maintenance better insure equipment is properly maintained and reduce ovetall costs. ( If you arc paying overtime or comp ti rue within your department to accomplish this work now„ how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? None some work that is not of a critical nature is not being completed and that contributes to excessive wear. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? provide statistics if possiblg The Satellite plant was put into operation in idS112 rowans.- The is aging ofien requiring more needed maintenance and we have added additional storm sewer lift stations needing rrialfilainott g7, (9) If this position is not filled, what affect will it haixorgiattr ONifinent? What work will not get done? What costs will you incur? Please he as Page 75 of 356 specific as :possible. Critical equipment may not be repaired in a timely fashion — cost would be a guess but could be extensive. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Other employees maybe required to work extra hours. (ii) Is it possible that the City could outsource this position to an outside agency? if so, what savings, if any, would the City realize as a result of this change? Only lithe entire WWTP operations were to be contracted out would ii be possible to contract out this position. (I2) llow would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? High (1:3) How does this position impact the Goals and Objectives for the City adopted by the City Council? It helps to insure compliance with our NPDE'S permit, and consent decree. Note: Fa ard completed questionnaire to Human Resources Department with original copy of Personnel Requisition form Page 76 of 356 CITY OF WATERLOO, IOWA September 6, 2019 HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 TO: Honorable Mayor & City Council We,. the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next year (September 6, 2019 — September 5, 2020). CERTIFIED LIST Jeremy Even Tyler Janssen James Welter Respectfully submitted, CS LIST PL FCHANJC 19 Lovie Caldwell .Date CITY WEBSITE: www.cityofwateriooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Date Page 77 of 356 CITY OF WATERLOO Council Communication Dry Run Creek Interceptor, Contract No. 877. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date Waste Management •bowman, ri nn . Approved 10/1/2019 ... 12:22 PM Clerk r _ Ot'tic ; i ^^" ve r, p: eAnn Approved. oved. i0/ r,/20 i9 ... 9:46 AM. ATTACHMENTS: Description Type p:)ny Ru..r Creek 11n'nterccpr:or p"uopeet #/60330823 Cove Memo SUBJECT: Public hearing cancelled and rescheduled for October 28, 2019. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Page 78 of 356 AECOM August 20, 2019 Mr. Randy Bennett Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Request to Bid Project and Set Date for Public Hearing Dry Run Creek Interceptor Waterloo, Iowa City Contract No. 877 AECOM #60330823 Dear Mr. Bennett: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax The City of Waterloo recently obtained a construction permit and approved variance from the Iowa Department of Natural Resources for the Dry Run Creek Interceptor project. It is the City's intention to bid this project with the estimated construction completion late in the 2020 calendar year. An overview of the project is as follows: The City of Waterloo has an existing lift station (Tower Lift Station) at the southeast corner of San Marnan Drive and Kimball Avenue that is pumped into a sanitary sewer service area that regularly experiences surcharging and, at times, sanitary sewer overflows during rain events. The City is going to replace this lift station and reroute the discharge to another area of the City where there is sanitary sewer capacity to mitigate surcharging in the current service area (Service Area 19). The new lift station will also be installed with increased capacity since the City of Waterloo anticipates significant growth in the upper Dry Run Creek catchment area located in the south-central portion of the City. The design year flow for the new Dry Run Creek Lift Station is 2,500 GPM (3.6 MGD). The following are components of the Dry Run Creek Lift Station design: 1) The force main from the Dry Run Creek Lift Station is 12 inches in diameter. The force main discharges to a new interceptor sewer which conveys wastewater to the Texas Street Lift Station. 2) The Dry Run Creek Lift Station is designed such that it can handle current flows using smaller pumps, while providing the City the capability of installing larger pumps in the future as the area develops. 3) The electrical and mechanical portions of the station are designed such that the pumps can be replaced in the future without extensive electrical and mechanical works. 4) The force main and gravity mains are sized to handle the future condition. 5) The lift station is provided with a 12 -foot diameter wetwell. 6) A new 750 KW generator and associated SCADA system will be provided at the Texas Street Lift Station. The Texas Street Lift Station is a large station (three 75 HP pumps) that currently does not have any backup power. The purpose of adding the generator is to provide backup power at this station. We are requesting permission from the City Council to bid this project with a bid date of October 3, 2019, and a public hearing date of October 7, 2019. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, Ross A. Hillsman, PE P:\60507078\600_Construction_Support\670_Change-Orders\2019-01-16 Trnsmtl to SH - CO #1.docx Page 79 of 356 CITY OF WATERLOO Council Communication 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 Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department 1° p ucuumurrog; &. Zonal Clerk Office ATTACHMENTS: Description Council Packet SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Arie p ^" ve t, p eAnnn Action Approved Approved Type Cover Memo Date 10/2/2 AM 10/2/20 11 ... lip.46 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. 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 City Right -of -Way vacate at their regular meeting on September 10, 2019. Page 80 of 356 Expenditure Required: None Source of Funds: N/A Background Information: 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 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 Page 81 of 356 Legal Descriptions: 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. 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 82 of 356 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 83 of 356 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 84 of 356 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 85 of 356 City of Waterloo Planning, Programming and Zoning Commission September 10, 2019 111 1 II I KERN ST Cc CI —1111 if Gf:f f 1f I1111III1HI I GABLE ST I_111111111 II I 111111 1111111 I RICKER ST KICKER ST 111,111111 0 111 .111 70 1�-k 11.E L,111�' IEDWARIDS ST LU N1 _ f r1 z CD /4/COL 1ST I11I 11 111.1111111 11 1 X1:11111.: I I QUINCY ST�1-I I 1 11 11 I I WEBSTER STI W L_ 11 I ST� I I 1 II ADIAll ll IISI_. 1 1 1 1111111111111 i 1 COTTAGE ST II I I _�II 11111ILII11 1,1 II IYfLI 1111 1 111 11 I SUMNER ST z 1 DANE ST I-- 1 1 1� I 111 I ROBY LN` J Q 11' I I I I C 1,'l n ARGYLE ST �11a11 111 �1�1 ALMOND11. ST. I1111111 i I11�� PINE ST 1 UNIT0 -) 11,1II u)� I 111 ti 111111 1o11 1 1 .1 1111 Ili 1.11 1 11 11 1mm� ° z1 11 '1 "1111101 111111 f1 I II 11111Iw ONEIDA ST J 1111IIYIIIIII II1I III m 1mmAr i I 2 MAN ST 1 WILLOW ST I- 1.11111 [0 I�mm DOUGI I L Ci) 1. 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Page 88 of 356 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 Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Applicant: k•-• ri "1 OF Pa Address: .71 C hiticINE; Phone No.: (31PI) Z)l-12— General Description of Property to Vacated (i.e.- alley between A St. & 13 St., South of C St.): tit) TN CS" 100 OL,14-- 611--/t4 Yl'IR A) ST AN t'o• 00 'F /3Lt T. Legal description of area to be conveyed, vacated, or encroached: 1. 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 • 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: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): ▪ Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price Deductions = Value of Property: Offer Price for 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: Adik 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves addition)al const ,uction as the reason for the request. Appli ant Dat *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 89 of 356 CITY OF WATERLOO Council Communication FY 2019 Gates Park Golf Maintenance Building Replacement Project, Contract No. 1000. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer d a inure Services d' iau;ud. Clerk Office i^"vr n eAnn ATTACHMENTS: Description Spec Book Cit i�irr Building l:rdirt Sheets Ga es Asir Addendum aun /. p_ (ates ... l3uiddin ID; SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: s rk. Golf (.,our` a:,"- p✓irbi iter" Action Date Approved 10/1/2019 : 0 Pel Approved 10/2/2019 i 0:43 AM Type Cover Memo (.Jrnrer AJerrio r Memo 6:: ra°dsuuur 1\'iater iirll. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the 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, file, and instruct City Clerk to read bids and refer to Leisure Services Director for further review. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Approve plans, specifications, form of contract etc. and authorize to proceed. This project constructs a replacement maintenance building at Gates Park Golf Course. Bid documents indicate that the demolition of the existing building is an alternate in the project and demolition will be completed if bids stay within the project budget. It is estimated that the existing building was constructed in the 1950s and is heavily deteriorated and undersized. This project has been endorsed by the Leisure Services Commission Golf Committee. The new building will be located near the existing building so that existing remaining infrastructure such as fuel pumps and parking facilities can be reused. Estimated at $280,000 Page 90 of 356 Source of Funds: Policy Issue: Golf Course Improvements Bond Funds This project supports the City of Waterloo Strategic Plan, Strategy 4.5 "Maintain City facilities that support quality of place." Page 91 of 356 Table of Contents NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING INSTRUCTION TO BIDDERS GENERAL CONDITIONS BID FORM STATEMENT OF BIDDER'S QUALIFICATIONS BID BOND NON -COLLUSION AFFIDAVIT OF PRIME BIDDER COLLUSION AFFIDAVIT OF SUBCONTRACTOR EQUAL OPPORTUNITY CLAUSE SALES TAX EXEMPTION FORM MBE/WBE CONTRACT COMPLIANCE PROGRAM MBE/WBE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS MBE/WBE CERTIFIED CONTRACTORS Page 92 of 356 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000 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 3rd day of October, 2019 until 1:00 p.m. for the construction of the Gates Park Maintenance Building Project, No. 1000 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 3rd 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 7th 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 AHTS Architects 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 of 2 Rapid Reproductions 6201 Chancellor Drive CONTRACT NO. 1000 Page 1 Page 93 of 356 Cedar Falls, IA 50613 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 The extent of the work involved is the construction of a 3200 sq. ft. wood framed and steel siding building with continuous footings and foundation walls. The building is partially heated and cooled with new electrical service, new plumbing including septic tank and drain fields. Add alternates consist of the demolition of the existing building. 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 7th day of October: 2019. NOTICE OF HEARING of 2 CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk CONTRACT NO. 1000 Page 2 Page 94 of 356 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000 PRE BID MEETING Pre Bid meeting will take place on Thursday, September 19, 2019 @ 10:00am at Gates Park Golf Maintenance Building, 1700 N. Barclay Street, Waterloo, Iowa. 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 3rd day of October, 2019 before 1:00pm for the construction of the Gates Park Maintenance Building, No. 1000, 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 3rd day of October, 2019, at 1:00pm 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 7, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The extent of the work involved is the construction of a 3200 sq. ft. wood framed and steel siding building with continuous footings and foundation walls. The building is partially heated and cooled with new electrical service, new plumbing including septic tank and drain fields. Add alternates consist of the demolition of the existing building. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before June 1, 2020. NOTICE TO BIDDERS of 5 CONTRACT NO. 1000 Page 1 Page 95 of 356 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. 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 AHTS Architects 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 AHTS Architects 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 AHTS Architect (327 E. 4th Street Suite 204, Waterloo, Iowa 50703)_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 architect 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. NOTICE TO BIDDERS of 5 CONTRACT NO. 1000 Page 2 Page 96 of 356 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 lump sum price in numerals on the blanks provided. 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 NOTICE TO BIDDERS of 5 CONTRACT NO. 1000 Page 3 Page 97 of 356 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%) for 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 NOTICE TO BIDDERS of 5 CONTRACT NO. 1000 Page 4 Page 98 of 356 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. 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 of 5 CITY OF WATERLOO, IOWA CONTRACT NO. 1000 Page 5 Page 99 of 356 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. Page 100 of 356 IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE 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 performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10 percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $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. For more information contact City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION 3/ HUD ACT OF 1968) To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying Page 101 of 356 materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. IX. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. X. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract Page 102 of 356 documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. Page 103 of 356 FORM OF BID OR PROPOSAL F.Y. 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000 Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this, F.Y. 2019 Gates Park Golf Maintenance Building Project, CONTRACT NO. 1000, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: DESCRIPTION TOTAL 1 Mobilization Labor 7500 Heaters for Heated Bay 05 2 Footings & Foundations Road Rock Around Building 3 Plumbing Demolition of Existing Building 4 Electrical Subcontract MTI Distributing for Irrigation Wiring 5 HVAC 6 Septic System 7 General Construction 8 Doors & Windows 9 Contingency Allowance $5,000.00 BASE BID TOTAL *ALTERNATES TO BE SELECTED/ACCEPTED BY THE CITY FORM OF BID CONTRACT NO. 1000 Page 1 of 3 Page 104 of 356 ADD ALTERNATES TOTAL 1 7500 Heaters for Heated Bay 05 2 Road Rock Around Building 3 Demolition of Existing Building 4 Subcontract MTI Distributing for Irrigation Wiring *ALTERNATES TO BE SELECTED/ACCEPTED BY THE CITY FORM OF BID CONTRACT NO. 1000 Page 1 of 3 Page 104 of 356 *ALTERNATES TO BE SELECTED/ACCEPTED BY THE CITY 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ), or Non - Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other FORM OF BID CONTRACT NO. 1000 Page 2 of 3 Page 105 of 356 Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID Page 3 of 3 CONTRACT NO. 1000 Page 106 of 356 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ), or Non - Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). FORM OF BID Page 2 of 3 CONTRACT NO. 1000 Page 107 of 356 The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID Page 3 of 3 CONTRACT NO. 1000 Page 108 of 356 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not Page 109 of 356 commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and construction equipment during time of construction. The City Forester will determine the extent of protection necessary for the trees. Page 110 of 356 Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury (including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence Page 111 of 356 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. THE CITY OF WATERLOO IS TAX EXEMPT. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 112 of 356 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in construction work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 Page 113 of 356 Dated this day of , 20 Name of Bidder By: Title: State of ) ) ss County of ) , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 Page 114 of 356 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact Page 115 of 356 State of NON -COLLUSION AFFIDAVIT OF PRIME BIDDER County of that: )ss , being first duly sworn, deposes and says 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201 . My commission expires Title Page 116 of 356 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of ) ss: hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201 . Title My commission expires Page 117 of 356 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES Page 118 of 356 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program— Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES Page 119 of 356 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME SUBCONTRACTOR FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: Brickwork Carpentry Concrete Drywal I -Plaster -Insulation Electrical Excavation/Grading Flooring Heavy Construction Heating -Ventilating -Air Cond Landscaping Painting Paving Plumbing Roofing -Siding -Sheet Metal Windows Wrecking -Demolition Other (Please specify) Page 120 of 356 Cit of Waterloo Iowa MBE/WBE CONTRACT COMPLIANCE PROGRAM FOR THE CITY OF WATERLOO, IOWA (As amended 08-08-2002) Page 121 of 356 MBE/WBE CONTRACT COMPLIANCE PROGRAM FOR THE CITY OF WATERLOO, IOWA - 2002 PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good -faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good -faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good -faith efforts." The key to the requirement is to make documented efforts. Goals are neither set -a -sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set -a -sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal - setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60- 2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals and quotas. (U.S. Department of Labor) Set -Aside: An arrangement in which a particular contract is reserved for competition solely among minority business enterprise. Contractor: 2 Page 122 of 356 As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business which is at least 51% owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as ofJulyl, 2002 Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List or were on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian -Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor 's Advisory Committee.' Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary Page 123 of 356 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies_contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. 4 Page 124 of 356 RESPONSIBILITIES City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good -faith efforts in following the MBE/WBE Contract Compliance Program. Good -faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre -Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non-responsive. 5 Page 125 of 356 c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. 111. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NONCOMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good -faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/tier recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good -faith efforts to comply with this Compliance Program and the bid was responsive. 6 Page 126 of 356 CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 7 Page 127 of 356 CONTRACT COMPLIANCE FORM INDEX (as of 07-08-2002) Form CCO-1, Contract Compliance Policy This is the Current Contract Compliance Program for the City of Waterloo and must be adhered to for any City of Waterloo contracts over $50,000, funded solely with City funds. Form CCO-2, Subcontractors Bid Request Form This form acknowledges that the Prime Contractor has contacted potential MBE/WBE subcontractors. This form is initiated and signed by the Prime Contractor then signed by the MBE/WBE subcontractor and returned to the Prime contractor by the MBE/WBE contractor. Form CCO-3, - Letter to be used when solicitineor Subcontractor Qu.otes This is a sample letter from the Prime Contractor to Subcontractors soliciting bids for various contract items. Form CCO-4, Pre -Bid Contact Information Form This form and the accompanying Form CCO-4A, must be completed and submitted with the Prime Contractors Bid. Certification of Prime Contractor Regarding MBE/WBE Unavailability If any MBE/WBE's submitting bids are not selected for subcontract award, documentation must accompany Form CCO-4. Form CCO-4A, Pre -Bid Contact Information Instructions Detailed instructions on how Form CCO-4 should be completed and the responsibilities of the Prime Contractor and the Subcontractor. Form CCO- 5, Letter of Intent to Bid from MBE/WBE Contractor Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient scope letters are not received by the City Contract Compliance Officer seven (7) days prior to bid opening, goals on subject project will be reduced accordingly. This form is completed and signed by the MBE/WBE. Form CCO-6, Final MBE/WBE Participation Amounts Upon Completion and Finalization of the project, the Prime Contractor must submit this form with their final documents. It shall be filled out and signed by the Prime Contractor on the project. 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Each MBE Form CCO-4A Rev. 07-08-02 Page 129 of 356 C) U) LU Ce cn 0 W Z Z .27 U)• 00- £01 - Z ca 0 rime Contractor Name: 0 _o Lu '4E °: 211 U)0 .17.; 0 c z cr C >, Oc < Contractor Signat CTORS AP SUBCONT o 0 >, an fp_ C .2 0 o .= as E • oc 3E ° o • 0 (▪ 73 0 CU) O C c .0 c S o > 8 • 0 r.) iO ▪ a) a) 0. 5 co 2 .° a. o 0 o - (;) E co 0 w C 4- c O 0 ve. la) o 0 o .(7) (7) c E 0 .o 0 • 0 a) u) _a -0 E o 1:5 uJ El 0 Ca 0 U) Co 0 c) a) _c an a)0 0 • E ki0 WV) r4 (6 O. 0 e < ▪ Z _o W c Ui a) o o 1-1-; CO CO E 413) 0 17 -6 co z E -o 0 I- v) 7 I Z • _5 co W g) 6 Z 0 2 P z < U) C0 LLJ ca cn 0 a) c ▪ ▪ LL c '72 Z co ) M 7 0_ CO a co 0 LIJ cx• 5 m c • b o _c "cra _c -c 0 4.-• 0 U) (T) C U)0 a)'73 U (I) > 13 o o _E E Rev. 06-20-02 Page 130 of 356 CERTIFIED MBE / WBE CONT CTORS CITY OF WATERLOO, IOWA City WEB Site: Contract Compliance WEB Site for listing updates: h1tp:// ofiv ooio ra flee ce CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 vvvcLater1l Contact: Rudy Jones, Community Development Director Email: ,r11....izigISILiOatEL192:kitag; Phone: (319) 291-4429 Fax: (319) 291-4431 MBE/WBE Certified Contractors List Pagel of 4 Page 131 of 356 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 493-2542 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION Page 132 of 356 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION Page 133 of 356 (FF 11F111.1: 110 R ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone: (319) 233-7481 Certified: City of Waterloo WBE Contact: Patricia J. Kimball Specializing in: STORMSEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES * DENOTES WOMEN BUSINESS ENTERPRISE Page 134 of 356 Floor Mass-R-12.5ci X a) a) a) V J FY 2019 - GATES PARK GOLF £986-££Z-64£:xed £91.1.-££Z-61.£ :'9d EOL09 e'OI 'ool,a1eM 1,0Z allns leak 4Unod lse3 LZ£ EOLO9 BMoI `oopeieM 1-11110S Ved sale° 6uipIin8 aaueue uieJ 4109 )1aed sale° - 61.0Z Ad Title Page Site Plan Demolition Plan Footing & Foundation Plan Footing & Foundation Notes Floor Plan Reflected Ceiling Plan North / South Elevations East / West Elevations Building Sections Wall Section Wall Section Wall Section Interior Elevations Interior Elevations Door and Room Finish Schedule Door, Frame, Window Elevations Roof Plan Roof Framing Plan Structural Notes Plumbing Plan Electrical Plan Lighting Plan N NQ Q Q N Q CO Q Q N Q x— Q c— Q N Q M Q N— Q N Q N— Q N Q r Q N Q M Q W W W MAINTENANCE BUILDING Energy Code Review i i Page 135 of 356 uld'61.-E1-9NHJVd S31VD/s6uinnea0'e/s6uinnei0 olid loefad'l/6uiplm8 aoueualuim Ved saleD ZZ00-610Z/soot loafad/sawnlOA/ £986-££Z-64£ xe E9 L l-ECZ-6 F C .'9d EOLO9 enrol 'oo1.091eM b0Z alms leak 4pnod lse3 LZ£ h5�1�11�'Non 0m000000 o VM 1111111111111 til 6102 11161 Rd00nun,asOo nl0000 alna� 1=ee ada' ern neal 001.0004,0,. papa. ea, Ja ,a OnC1siuntuaEulaiz00�uFs suRlsan neap Ls pue sawn, EOLO9 BMoI `ooIaa}eM ynnoS ved sale° 6uipIin8 aaueue uieJ 4109 )1aed sale° - 61.0Z Ad i 111 °11 Iw 1 � I ' �1111111111111[1I1000000000000000000000000011001MIIIMP 0 1161uu : uuI11 ��ul n01 0000 'IIIIV;! 11111111111111111111111111111 (15 J w U w �rn2±0C H w 00 U2J�O¢5.00 rn�mFEpQm ND0-uJ Oo ❑WU—F Z zwLim z E woLLOow— zou)OLLULCi��pp 1 II ulpuw ,I�h1 IyI1� 1�� 111 uhullil111I�1 ul A111 Ilio I Y ',I lillill�p��i�l 111+I'� ( I W N ��ulll iu �11 Iza161 ,..y hINI,„1,,„ m l II 101t1iiii c 0 w z < 1LL CL 11°(70 ” zz IG+Xuw W LLCC w 0 a J H 0 0 CO w00o — z -J =zO0 O • O1 U 0i_Z0 ▪ z 0 O m-- • W ��za ¢o¢O 100111 111111111 1^N I^l .[,[,[[[[[„[[[[[[[[[[[[[1[[[[[[[[ I 11111 lo �S 0000lloolvolooloo 1 11NW 6 000.000 001000°0100101111111111111111111111111111110 11111 111111111 [1110 0000000000I 11i1111111111111111111 11[1[1 '.(.11!000:00:00000000000Ig.14V„I II00I 111111 11111111111 IIup [PiI 11111 1'1111 0000I I 1 h....... l fou1111 .1001011 ...00000001,01„„ 1n� 1l1IuIM ;IVV ij I�IIMIIul1� 1 u1.,,,,,�l�lm y I��I IU1111PIP�IVI HlaON Vl3Id 1a Hill ilk ^1.1.1110 01 0 11 10.10.0010100 1111111 i Page 136 of 356 uld'6l-E1-9>IHJVd S31VJ/s61.11mala'e/s61.11mwp'S o4ul }oafald'1./6ulpllne aoueualuleW ))ed sa}ee ZZ00-610Z/sood }oafad/sawnlon/ i £986-££Z-64£ :xed £91.1.-££Z-61.£ :'9d £OL09 enrol 'ool,a1eM b0Z aflnS laa�)g 4pnod 4s3 LZ£ i 0 o C7 c o o -- oo co 0 U w~ 8- 0 o 2 ao EU"° L O wU U 3= Jagm-oE L oa YN .5M c• D as W W00c2 N xL 1-, Q� N vT zz `O)c 610Z n16pAd0O O euul rgITU,e �e�i�ed,.,�mnee� ney U4 ae mer r aweu aAeLP pap ganev .�,s'n')sDp pea a'� Fuepa,L ,e s.,..isivauuaEueumpun uletuu.1 nes surlsap •seepi 'a pads pue CC J 0 = UOo N N W Oc UO NO O a Uf` a E u75 Ct a) 0 QCO )Or a CV -D 7 ° Ln _ EOLO9 BMoI `ooIaa}eM 1-11110S Ved sale° 6uipIin8 aaueueTuie1 4109 )1aed sale° - 61.0Z Ad 4000 tunuoloilotiloomllllll1 y' 111111111111111111111111111111111111 pp 111 IIIIIIIIIIIIIIIIIIIIIIIIII Q lyuu iilIlllllllllllmouu 11 udlllllllllllllllllllllh Iluuuuf {!' 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c 1' S d a §W 3a Z CUx CUw aaW (:)'. m 0 w U1 09< a 0 0 YS Y7G7 w C) X JZo C > 0) (9 w S31ON c L 0.° M M , \ c 11-1913H 9N11130 M c 9NI1130 g cs c9 3 O E, 3SV8 > > > > > > 100-1A 00 O U O U 0 O U U O U 0 O U 0 O U WALLS 1S3M 6 6 ' 6' ( ,;; H1noS ,;; 1SV3 6 6 6' ,;; Hl2JON CHEMICAL STORAGE 01 Ge BREAK ROOM 02 11 Ge RESTROOM 03 11 Ge OFFICE 04 Ge HEATED GARAGE BAY 05 Gg MOWER STORAGE 06 Exp 3WVN W002i 138VVIIN W002:1 o 0 o a S 0 uld-61.-El-9MMHVd S31VD/s6uimea0'e/s6uInneia olid loefad'l/6ulplm8 aoueualuiOW 9Iaed sole0 ZZOO-6lOZ/soo0loafad/sawnlOA/ i £996-££Z-64£:xed £91.1.-££Z-61.£ :'4d EOLO9 0nn01 'ool<al0M b0Z °flog laa��S 4unod Is3 L £ DOOR TYPES a) X W ca W 2 L 8 O 0 i EOLO9 BMoI `ooIaa}eM 1-11110S )1aed sale° 6uipIin8 aaueueTuie1 4109 )1 -led selee - 61.0Z Ad o0 wz J (� F W W o ° Q W Ur D F 2 U) o <Q D LL <LU 20 wz W W c N W ¢ U W I- 0 z 1na3HOS 33S - S31HVA 3lna3HOs 33S - S3IHVA 0 U w VARIES - SEE SCHEDULE VARIES - SEE SCHEDULE Q o'LT, O= 00 00) WINDOWS FRAME TYPES tZ/L LL-,lr 0 i i Page 151 of 356 uld'61.-El-9MHJVd S31VD/s6uIMeip'e/s6ulnneap olid loefad'l/6ulplm8 aoueuaaul0W )aed sale0 ZZ00-61.OZ/good loafad/sawnloA/ £986-££Z-64£:xed £91.1.-££Z-61.£ :'9d EOLO9 eM01 '001,91eM b0Z aflnS laa�4S 4Unod 4s3 LZ£ EOLO9 BMoI `oopeieM 1-11110S Ved sale° 6uipIin8 aaueue uieJ 4109 )1aed sale° - 61.0Z Ad 3dO1S Zl 9 0 0 RIDGE VENT 3d019 ZLS co ca P► II 4- O 0 SCALE: 1/8' i i Page 152 of 356 uld'61.-El-9NNHJVd S31VD/S6uinneap'e/s6uinneip V DPI loefad'l/6uiplm8 aoueualuim ved sole0 ZZ00-610Z/s0od loafad/sawnIon/ HEADER SIZES 9996-££Z-64£ :xe 991.1. -99Z -61.E :'9d E0L09 eMOI 'Ool,aleM b0Z °flog laa�lg 4U9od lse3 LZ£ EOLO9 BMoI `oopeieM q nos ved sale° 6ulpIin8 aaueueTuie1 4109 )1aed sale° - 61.0Z Ad L L -.6E 0-.Z IIIIIIII, M I I 1 I I I I I I I I I I I , , , , 2 , , , I I I I I 4-1- 1,--1 1 friT1 1 r r r TI -inn r I I 11 _ _II ,i II__ I, I__ - - 11 1 1 „ II II I II ii II II - -, --I I- 1 II i II ,I 11 i .1 . - - I 2- .x - __U I , 1 --1.-- ... ..L -,£L .,0-7.L ,.0-.R ,.b-.£ 1.7-.711_ _ _1f -�--]._ _ _ _.0 M 2 = 1 N __,i 2- ll I, .I II-- II II __ _ II = II - - - I I I 1 II „ - -I II- P i i i .., i ' i i i i i i i i i I y. 1 121 1 kr 41 S, 4 ,I 2 III 1 , I I l, r. _; I-- j = 2 - M 2 I2 L J L J 1 1 J _ ;II21 21 X11111 111i CD 111 241-.b ui .9 o i.9 C co 0 V/ E Co U- 0 'w0 i Zo a�I i Page 153 of 356 uld'6L-EL-9MMHJVd S31VD/s6uIMWG'e/s6uinnelp V DPI 13efad'L/6uiplm8 aoueualuielN )Jed SOWS ZZ00-6LOZ/Sood }oafad/sawnlon/ GENERAL STRUCTURAL NOTES i £986-££Z-64£:xed £911 -££Z -61.E :'9d EOLO9 eMol 'oo1)91eM 170Z allns leak 4Unod 1s3 LZ£ W S • °w mF z (-N J� W • IJP _> Q From a ° mJ F JZg O (n (O 0) ZOO y JOHO zQ 00� F QLLLL❑ <0 O grij WuOir=n❑00mH�O-IO>LL'C7KmW OLL�00 OH (/)QW I W FZ W WU wLL wZ_o z S❑ W W ¢cw7zzHH EVE mo z��a w¢ ¢O °wi V WIOWZO 6=m _-� ° U' UJUO W W V) I W v) �F Z ZJU-m d0 '',,))-1) j N O Q W O Q S Q Q m F I- W F ° � I', z = m wr NW oQ0WaWw oIv }NQ F 0m W <n tnF CCF a ¢N�w Zztzz� Om° O O = 00 wl Kw¢wW?Q OOLL 0Z K 7 F� F 7 ° Z Z Z C 0 '-`21 IW IWI° IOQOOWO IW`g FZ FBF LL' FU�UULLZ FO❑ Z Z H Q O U H J ▪ O w J a "6''.2_ Q mVOJ Z U O¢F H_ Q�� AFF NW I� QJZzW mK OF JOW KWO❑ QF O w Hp Ooj �0FKo Q ¢O°Q F O¢Z6m2O F0❑D '>IQUQJ w it#H O�� U0F °O L O Oa°w'0 QLA w0`w-;0,:°2,E mOFOm' UOIUrmFQLQ mzV HFN°:0QmOF°OOjK¢ZU�WjHOVOFm�WULL`_ UOoF IL' NZ ¢�iiOzVOOw❑m2z =FK° JoO F ~ FIFO mmLI NZ QSo ¢Ff,EW N M v . OW) UpLL w V I Z 0oO z -o Z ❑ H w ° mo � LL LL Z S d a W z o0 `� oO OS Zc U)O 0) F z 0 W i W : Z Q Q 71 ''2UZNKQ Mo¢�dI tO ❑�wmHO ❑ HQo�,ZO 211-±1 Qm JW200 -Z azWz0 - 3`u1)) ¢Z W HOa m(n Y I K U' J UJOF I� F�QaO� W B =iQ O O W W (7w n >o)w OCC Wm-❑ J~ Z❑ NW 0 W 0¢ ¢3w�Hmv0i FAN IgDQ W OOOK W • (0Z W FF a O Z U 0 Z¢ LL Z 1�¢ IZ°a�WW Stold mIm �=) OW_iOJFa o o • z LL � i BEAM/HEADER NOTES ROOF TRUSSES DESIGN LOADS WALL NOTES EOLO9 BMoI `oopeieM 1-11110S Ved sale° 6uipIin8 aaueueTuie1 4109 )1aed sale° - 61.0Z Ad 0 w 0 Z 0 0 O Q F w w I 00 W W WN .U) ROOF FRAMING NOTES i oN zo PO PT) °o aN mp oU5��6O)z¢KF0O °Hw 0O�° °LLHOHLLF.OUNFZ ?i❑ OmO❑ow❑'o¢ ppFS)=❑QS> O(wnmFU—ONZ00 w0¢aw-J OIIW(F OOWoOI C0L2 I5WvQaLL1' N � v STRUCTURAL WOOD FRAMING NOTES i Page 154 of 356 uld'61-s1-9MMHJVd S31VD/s6uinnelp'e/s6uinnelQ o4ul loefad'1/6uiplm8 aoueueluim ved Salee ZZOO-6lOZ/S000 loafad/sawnIOA/ PLUMBING NOTES: SYMBOL LEGEND: i £986-££Z-64£:xed £911 -££Z -61.E :'9d EOLO9 e.01 '00 010M 170Z °flog laa�4g 4Unod 4se3 LZ£ USE PEX PIPING FOR ALL RUNS. i O H O 8 N 0 W W J X j 0 Z U - Y w o QO dQ d O� Oo w O▪ a ZQ LI -1 o Q = Q HO w� wQ H La L w 0< 0. CLw I› - CL I UI CI PRODUCTS EOLO9 BMoI `oopeieM 1-11110S Ved sale° 6uipIin8 aaueueTuie1 4109 )1aed sale° - 61.0Z Ad Kx I \ / I I \ / I x I / \ I I / \ I / xxxxxxxxxx �xxxxxxxx 0 C) C i i Page 155 of 356 u1d'61-E1-9MJJVd S31VD/s6uinnel0'e/s6uinnel0 o4ul }oefad'1/6uiplm8 aoueualuielN (aed sa}e0 ZZOO-6LOZ/s00n 190fad/sawnI0A/ ELECTRICAL NOTES: SYMBOL LEGEND: w 0 0) a a Q W O O QO U WCL CI a0) Q ow N K W H OH > O Ow a5 K O w H 0 O 0< w Ln w <3 E O O Le 0 low z CIRCUIT IDENTIFICATION £986-££Z-61.£:xed £9 1.1.-££Z-61.£ :'9d EOLO9 e°ol 'oo1)91eM 170Z aling lea13 4Unod 1se3 LZ£ i DUCT LESS MINI -SPLIT COMPRESSOR w w 0 H z 0 U O Q0 K Hz Q W =w 0 1-0 01 0 0 DUCT LESS MINI -SPLIT AIR HANDLER 0 w 0) Ce w 1 w S 0) ❑w22Z 6 001 U 2 w K 00 H Z Z A2 w 0. ® El O 0) a Quj ❑ O O Z Q U w K a LL a 3< ow N LL' w m O > O Ow a0 PRODUCTS i we EOLO9 BMoI `ooIaa}eM ynnoS ved sale° 6uipI!n8 aaueueTuie1 41°O >iaed sale° - 61.0Z Ad N a Q O w w W0 w S H WU w W W Wz O c W Q H a5 inw X Ow0 mJ 0 Jo JO¢ ao QF -H U3_ UJZ DR 0▪ 8 W 0 x w w _O W NNW2H 0oioO00 Zco xDOC D.,DOC' 0▪ W1000 02000W W N W W O Z GQH.OZZ Z O Q Z 0 O a) cc w Grn W = 0 3) Urn w N H Q W w S W S CSR Oq7kLL ..wM2 Za • LIEDMO Z2ZN W J O O a.,� a3N� 01 W J � a. z,77. 00 J Y w H 0- H 010 z2 Sw S W �H i W Q W Q H SW OF >�L N H H ❑�Z D000D 0w wr LL =Q. wI- OHZ� 5z 002 0 `y Co U U a) W Co U W 2 SCALE: 1/8" = 1'-0 i Page 156 of 356 uld-6l-El-9MMHJVd S31VJ/s6uinnea0'e/s6uinnei0 V DPI 13afad'L/60plm8 aoueuelUI00J Ved sale0 ZZ00-61.0Z/0000loafad/sawnlon/ C996-C£Z-61.C, m.— , cw EOLO9 e^^01 mM m ma _s_a1s3 m ,mom a o EOLO9 eMq %ol meM *noS &ed saleS 6@mg8aueuepea 09 )1 -led sale°-6L0Z Ad ELECTRICAL NOTES: SYMBOL LEGEND: PRODUCTS HO \\\xwLign CL Page 157 of 356 wawa»+ gaD/sa_cwE_aolu m.L/Ou «ate _mw _a_ez 0-61.0Z/Smamm Addendum Date: September 23, 2019 Addendum No: 1 Project: Gates Park Maintenance Building Project No.: 2019-0022 Bid Date: Bid Time: Bid Place: October 3rd, 2019 1PM City Clerk - Waterloo Iowa City Hall (5) - 8.5 x 11 sheets TO ALL HOLDERS OF DRAWINGS AND PROJECT MANUAL: ARCHITECTS 327 E, 4th Street, Suite 204 Waterloo, Iowa 50703 319.233.1163 319.233.9863 fax www.ahtsarchitects.com This addendum is issued to incorporate the following changes in the drawings and project manual. For bids to be considered, this addendum must be acknowledged by so indicating on the Form of Bid. Bidders shall make the following corrections or additions to the bidding documents. These items shall supersede, modify, and/or change all statements or drawings to the contrary in the drawings and project manual and shall take precedence over these documents. Bidders shall base their bid on the drawings and project manual and as modified by the changes herein stated. GENERAL ITEMS: 1. CHANGE: Overhead door GO5A is to be door type 2 (insulated sectional) and include windows as shown on exterior elevations. 2. CHANGE: Overhead door GO5B is to be door type 2 (insulated sectional) no windows. 3. ADDITION: Door types 1 and 2 (Overhead doors) are to be provided with a Liftmaster 8587automatic overhead door operator with (1) standard wall station switch, and standard interior slide latch into track w/ padlock holes. 4. CLARIFICATION: Footing insulation is only required around the combined exterior perimeter of Chemical Storage 01, Break Room 02, Office 04, Heated Bay 05, and the interior wall footing separating Heated Bay 05 and Mower Storage 06. Footing insulation is not required for the interior wall footings between the above noted spaces, or around the exterior walls of Mower Storage 06. 5. ADDITION: Provide a Unit Price for fill sand per ton to include purchase, delivery, placed, and compacted. 6. ADDITION: Contractor to provide emergency fuel shut off switch and (2) signs. Sign #1 is switch label, sign #2 is emergency procedures. Locate switch no closer then 20' or further than 100' from fuel tanks. Approved switch: Safety Technology SS2224PO-EN YLLW STPPR STA STI -6517 SHLD (With Shield) 7. CLARIFICATION: Sub Panel shown on sheet El in Mower Storage 06 to be a 100 amp panel, with main electrical panel in Heated Bay 05 to be the noted 200 amp panel. 8. CLARIFICATION: Irrigation Control Relocation and Wiring: a. Provide underground box per sheet S1 notes @ existing building. b. Relocate existing fuse box (SPU) to water heater room inside of Office 04 c. Provide new 16/2 shielded 7162D wire and full-length pull string to new wall plug on the south wall of Office 04. d. Provide additional 20' of 16/2 wire @ new office end. e. Provide new 2" schedule 80 conduit from old to new office location @ 24" depth. Page 1 of 2 Page 158 of 356 9. CLARIFICATION: Contractor to provide manufacturers approved horizontal metal flashing between upper and lower sections of the metal siding @ 3'-0" above grade (not shown on sections). See building elevations for reference. 10. CLARIFICATION: Exterior material colors: a. Gutters / Soffits / Lower section of metal siding / Flashing between upper and lower metal siding: Dark Tan b. Upper section of metal siding: Light Tan 11. ADDITION: Provide additional SPECIFICATIONS: 1. REVISION: Section 6 "Statement of Bidders Qualifications" It is not required to submit this form w/ the bid. It will remain the owners right to request the completion of this form at a later date. 2. ADDITION: Metal Siding / Metal Roofing spec. SEE ATTACHED PRODUCT APPROVALS: Contingent upon strict compliance with the drawings and specification, all product approvals listed herein are approved as if certified in writing by the product supplier/installer to be equal to or better in every significant respect to that required by the plans and specifications and that it will perform adequately in the application indicated and as intended. If such approved products do not meet these requirements, the supplier/installer shall be responsible for making adjustments acceptable to the Architect to meet the requirements of the contract documents. 1. PRE -APPROVED EQUAL: To Ceiling Mounted Lighting Fixture Lithonia SBL4 LP840 LED a. Eaton 4WNLED-LD4-40SL-F-UNV-L840-CD1-U 2. PRE -APPROVED EQUALS: To Exterior Security Light — Lithonia Lighting VW150I M12 a. Rig A lite AVP15-I-24-HR-G-W 3. APPROVED SUBSTITUTE: To Andersen — Fiberex Series Windows a. Pella — Impervia Series 4. APPROVED SUBSTITUTE: To Firestone Una -Clad Builtite II — Metal Siding a. Metal Sales Manufacturing Corp - Pro -Panel II — 26 Guage — Standard Color Line 5. APPROVED PRODUCT: Stainless Steel Sink for Break Room 02: Sterling Southhaven Top Mount 33" Stainless Steel 3 -Hole Double Bowl Sink — 18 Guage - Model # 11850 -3 -NA (Available through Menards) OR EQUAL. 6. APPROVED PRODUCT: Base Cabinets for Break Room 02: Quality One — Unfinished Premium Hickory (Available through Menards) OR EQUAL. Contractor to finish with clear oil based urethane. 7. APPROVED PRODUCT: Countertop for Break Room 02: CustomCraft Laminate Countertop W/ 4" Backsplash — Jamocha Granite- (Available through Menards) OR EQUAL. Contractor to provide end caps on exposed edges. 8. APPROVED PRODUCT: Smoke Alarms — First Alert DC Dual Sensor Smoke Alarm (Battery Operated) Model Number 1039828 — OR EQUAL Respectfully submitted AHTS ARCHITECTS, PLC Larry Kurtz LRK/bbw Page 2 of 2 Page 159 of 356 2.1 METAL ROOFING 1. Material and Finish: 26 Gauge, ASTM A 653 (A 653 M), Structural Quality, Grade 80 (550) (formerly Grade E), galvanized steel with G60 (Z180) zinc coating both sides, Triple Spot Test. a. Exterior Surface Finish: 1) Bonderize and provide baked on primer and factory applied, baked -on 70% Kynar 500 or Hylar 5000 PVDF fluoropolymer resin based Fluropon paint coating as manufactured by Valspar, 0.9 mil (0.023 mm) minimum dry film thickness. 2) Gloss (60 Degrees): ASTM D523, 20 to 80. 3) Pencil Hardness: ASTM D3363, F to 2H. 4) T -Bend: ASTM D4145: 2T to 4T. 5) Color: Lester Antique Brown. 6) Color: Lester Regal Red. * 7) Color: Lester Barn Red. * 8) Color: Lester Black. 9) Color: Lester Bone White. * 10) Color: Lester Burgundy. 11) Color: Lester Clay. * 12) Color: Lester Dark Blue. 13) Color: Lester Earth Brown. * 14) Color: Lester Colony Green. * 15) Color: Lester Evergreen. * 16) Color: Lester White Sand. * 17) Color: Lester Pewter Gray. * 18) Color: Lester Quaker Gray. 19) Color: Lester Rawhide. * 20) Color: Lester Sandstone. * 21) Color: Lester Slate Blue. * 22) Color: Lester Snow White. * 23) Color: Lester Metallic Copper. * 24) Color: Lester Metallic Champagne. * 2. Configuration: a. Roll -formed; 36 inch (915 mm) coverage width. Provide panels covering up to35 foot (10.5 m) lengths in single pieces. b. Four major corrugations, 7/8 inch (22 mm) high, spaced 12 inches (305 mm) on center with 3 minor corrugations, 1/8 inch (3mm) high, spaced 3 inches (76 mm) on center between each major corrugation. c. Form one outboard corrugation as overlapping corrugation. d. Form opposite outboard corrugation as underneath corrugation with full return leg to support side lap and a continuous anti -siphon drain channel. e. Factory cut to required length. 3. Material and Finish: As shown on Erection Drawings, except as specified herein. B. Fasteners: Color coated No. 10 piercing screws with 1/4 inch (6 mm) hex head pre - assembled to 1/2 inch (13 mm) O.D. dome seal or bond seal galvanized steel and EPDM washers. 2.2 ROOFING ACCESSORIES A. Steel Ridge Cap: Page 160 of 356 1. The cap materials and construction shall match the roof steel materials and construction. B. Eave Overhang Fascia Flashing: 1. Size: 24 inches nominal. 2. Fascia Flashing Color: To be selected form full range of manufacturer's colors. C. End Overhang Fascia Flashing: 1. Size: 12 inches nominal. 2. Fascia Flashing Color: To be selected form full range of manufacturer's colors. 3. Vented Soffit Color: To be selected form full range of manufacturer's colors. D. Gutters and Downspouts: Provide manufacturer's standard gutters and downspouts as shown on Drawings. E. Closure Strips: Closed cell, 2 pcf density polyethylene foam, premolded to match configuration of panels. 2.3 SIDING A. Siding: UNI -RIB panel as manufactured by Lester Building Systems. 1. Material and Finish: 26 Gauge, ASTM A 653 (A 653 M), Structural Quality, Grade 80 (550) (formerly Grade E), galvanized steel with G60 (Z180) zinc coating both sides, Triple Spot Test. a. Exterior Surface Finish: 1) Bonderize and provide baked on primer and factory applied, baked -on 70% Kynar 500 or Hylar 5000 PVDF fluoropolymer resin based Fluropon paint coating as manufactured by Valspar, 0.9 mil (0.023 mm) minimum dry film thickness. 2) Gloss (60 Degrees): ASTM D523, 20 to 80. 3) Pencil Hardness: ASTM D3363, F to 2H. 4) T -Bend: ASTM D4145: 2T to 4T. 5) Color: Lester Antique Brown. 6) Color: Lester Regal Red. * 7) Color: Lester Barn Red. * 8) Color: Lester Black. 9) Color: Lester Bone White. * 10) Color: Lester Burgundy. 11) Color: Lester Clay. * 12) Color: Lester Dark Blue. 13) Color: Lester Earth Brown. * 14) Color: Lester Colony Green. * 15) Color: Lester Evergreen. * 16) Color: Lester White Sand. * 17) Color: Lester Pewter Gray. * 18) Color: Lester Quaker Gray. 19) Color: Lester Rawhide. * 20) Color: Lester Sandstone. * 21) Color: Lester Slate Blue. * 22) Color: Lester Snow White. * 23) Color: Lester Metallic Copper. * 24) Color: Lester Metallic Champagne. * 2. Configuration: a. Roll -formed; 36 inch (915 mm) coverage width. Provide panels covering up to35 foot (10.5 m) lengths in single pieces. Page 161 of 356 b. Four major corrugations, 7/8 inch (22 mm) high, spaced 12 inches (305 mm) on center with 3 minor corrugations, 1/8 inch (3 mm) high, spaced 3 inches (76mm) on center between each major corrugation. c. Form one outboard corrugation as overlapping corrugation. d. Form opposite outboard corrugation as underneath corrugation with full return leg to support side lap and a continuous anti -siphon drain channel. e. Factory cut to required length. f. Factory miter cut gable ends. g. Material and Finish: As shown on Erection Drawings, except as specified herein. h. Fasteners: Color coated No. 10 piercing screws with 1/4 inch (6 mm) hex head pre -assembled to 1/2 inch (13 mm) O.D. dome seal or bond seal galvanized steel and EPDM washers. Page 162 of 356 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for FY2019 GATES PARK GOLF MAINTENANCE PROJECT #1000 This Contract made and entered into this th day of , by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and OF , Iowa, hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2019 GATES PARK GOLF MAINTENANCE PROJECT #1000 described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same CONTRACT page 1 of 2 Page 163 of 356 promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Sum of: City of Waterloo, Iowa, Quentin Hart, Mayor Kelley Felchle, City Clerk Contractor: By: Printed Name Approved by the City Council of the City of Waterloo, Iowa, this day of 2019. ATTEST: City Clerk CONTRACT page 2 of 2 Page 164 of 356 Page 165 of 356 TOTAL Includes Base + Alt 1-5 O 00 0 o M LID 00 o0 0 N IA O dr of M IA $349,400 N o .-i .-i M r-1 ei ai N N lel a 0 0 LI) 0 ri $43.00 0 o $13.20 0 LI) 1,} I* a Alternat e Sheathin g Bay 05 0 O C `� $4,456 00) Cr a MTI Distribut ing C $4,403 o m o ,--i N o' o r 1 M ma) 4-' a Demo of existing O Lf) O ri {/} 00 M 1.0 -1 r1 t/} $14,370 $10,000 N Cr) CO N 4--1 <.} l0 CO N al <.} N 7t 4-,O Q y, (0 U O cc cc II) M N i/} O ri M 1/)- UU)) r1 M V)- O Lf) CO t/} $4,642 Of)) M CO <.} FY2019 Gates Park Golf Maintenance Building Project #1000 Waterloo, Iowa IT r-I M O r-1 at +' < O a) O Lf) ON.- N 2 O M i/} N coO CO N i/} Lf) 0) c-I N i.} O O M N i/} $3,415 CO CO r-1 N i.} 0 Z O m m Yes/No v >- 0) >- 0) >- 0) >- a >- a) >- BASE BID $282,500 $270,213 r--. L0 ul l0 m N o o M M m M Lf) N. Lf) O 00 N $263,726 Bid Form ADDEND UM N k X X X X X X ADDEND UM a- I *k X X X X X X GENERAL CONTRACTOR Matt Construction Steege Construction Don Gardner Construction Cardinal Construction Kidder Construction Huff Contracting Page 165 of 356 CITY OF WATERLOO Council Communication Reallocation of Unspent Proceeds of the Taxable General Obligation Bonds, Series 2017B in an amount not to exceed $65,000 and Taxable General Obligation Bonds, Series 2018B in an amount not to exceed $45,000. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department Clerk Office Reviewer e,.rnri Action Date A pproved. 10/2,/2 2, P M Approved i0/ /20 i9 2", P M ATTACHMENTS: Description Type D R.eRalkx: 1(1n.d 201813 d::'ouri61 Car Covet 1\/iemo SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Summary Statement: The Telecommunications Utility board has requested that the City provide funds to pay costs associated with a telecommunications utility feasibility study and related costs for the health and welfare of the City (the "Project"). Expenditure Required: We are requesting that $110,000 be reallocated. Source of Funds: Bond funds. Alternative: Alternatives would be to sell new bonds or not proceed with the project. Page 166 of 356 Mayor QUENTIN HART CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chicf Financial Officer Council Communication City Council Meeting: October 7, 2019 Prepared: October 2, 2019 Dept. Head Signature: Michelle Weidner, Chief Financial Officer COUNCIL MEMBERS Number of Attachments: None ................... MARGARET KLEIN Ward I 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 -Lame SUBJECT: Funding for Telecommunications Utility Feasibility Study Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Reallocation of Unspent Proceeds of the Taxable General Obligation Bonds, Series 2017B in an amount not to exceed $65,000 and Taxable General Obligation Bonds, Series 2018B in an amount not to exceed $45,000. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Summary Statement: This reallocation will provide funding needed to complete a feasibility study associated with a telecommunications utility for the health and welfare of the City (the "Project"). Expenditure Required: $110,000 Source of Funds: Bond funds. Policy Issue: None. Alternative: Alternatives would be to sell new bonds or not proceed with the project. Background Information: N/A WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 167 of 356 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date •Finance Weidner, M ichelle Approved 10/1/2019 8:32 PM C1erk Offiverk 11 ,eA nn Approved 10/2/2019 9:52 AM ATTACHMENTS: Description Type .Authorization of 20190: and Refunding Bonds Cover . ilerno 0:1ouneil Comm SUBJECT: Submitted by: Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D. Submitted By: Michelle Weidner, Chief Financial Officer Page 168 of 356 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $2,770,000 General Obligation Refunding Bonds, Series 2019C. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department (.perk: (. 1:1 ce Reviewer Action Date Weidner, Mhellle .Approved 10/1/2019 ... 8:32 PM l^;yen p:.eAnn Apl:pwved 10/2/201) ... 111.117 AM. ATTACHMENTS: Description Type Arutlnorizaataon of 20:190 a .d 1) l l'a.undinn; Bonds Cover Mnno Council Comp in71. SUBJECT: Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $2,770,000 General Obligation Refunding Bonds, Series 2019C. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Page 169 of 356 CITY OF WATERLOO Council Communication Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $2,770,000 General Obligation Refunding Bonds, Series 2019C, and authorizing the execution of said agreement by the Mayor and City Clerk. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Clerk Office ATTACHMENTS: Description ❑ Au.uthornzatnon of Council. Comm SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Reviewer Action Date Weidner, Michelle etpe Approved p 0/1/2019 .. 8:33 p:bM Elven, p:.eAnn Approved 10/2,/2,0 p 9 ... lii.4i8 A aids 2011 9( and lid i 9ll.. Type C o vi, r Mi nnrn Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $2,770,000 General Obligation Refunding Bonds, Series 2019C, and authorizing the execution of said agreement by the Mayor and City Clerk. Submitted By: Michelle Weidner, Chief Financial Officer UMB Bank, N.A. will disburse the semi-annual interest and principal payments to the bondholders over the term of the bonds. A one-time acceptance fee of $300 is charged. Annual paying agent fees of $600 will be required each year the bonds are outstanding. Fees are paid using the debt service levy. Page 170 of 356 CITY OF WATERLOO Council Communication Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D, and authorizing the execution of said agreement by the Mayor and City Clerk. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Clerk Office Reviewer Action Date Weidner, Michelle Approved p 0/1/2019 ... 8:33 PM Elven, d:.eAnn Approved 10/2/2(p p 9 ... lii.4i8 A ATTACHMENTS: Description Aunthoirizanu_unn of 20190 and U) Ref unuding hnna:d.s Council. Conan SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Type ( ovi,ll /irrnn Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $3,625,000 General Obligation Refunding Bonds, Taxable Series 2019D, and authorizing the execution of said agreement by the Mayor and City Clerk. Submitted By: Michelle Weidner, Chief Financial Officer UMB Bank, N.A. will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee of $300 is charged. Annual paying agent fees of $600 will be required each year the bonds are outstanding. Fees are paid using the debt service levy. Page 171 of 356 CITY OF WATERLOO Council Communication Resolution approving submission of a grant application to the Community Foundation of Northeast Iowa, in an amount not to exceed $16,575.49, to replace ash trees in Sulentic, Valley View, Rooff, and Lichty Parks. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department Reviewer Action Date Leisure Services Fluting, uuting, P Qau1 A.pproveil 1.0/2/2 1,2 A Cleak Office Even, p:,eArn Approved 10/ /2019 - 12.:54 P C1 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Resolution approving submission of a grant application to the Community Foundation of Northeast Iowa, in an amount not to exceed $16,575.49, to replace ash trees in Sulentic, Valley View, Rooff, and Lichty Parks. Submitted By: Todd Derifield, City Forester Approve attached resolution. The City of Waterloo has been infested with Emerald Ash Borer insects that have killed thousands of ash trees in our community. Ash trees were removed in Sulentic, Valleyview, Rooff, and Lichty Parks. Leisure Services is proposing to replace the ash trees in these four parks with a variety of species. The Community Foundation of Northeast Iowa has funds available for planting trees in Waterloo. There are no matching funds required for this grant opportunity. There are no matching funds required for this grant opportunity. This grant opportunity for the project of replanting trees in place of ash trees removed would support the City of Waterloo Strategic Plan. Strategy 4.5 "Maintain community service and city facilities that support quality of place." N/A The City of Waterloo has been infested by Emerald Ash Borer and they are killing the ash trees in our community. Replacing these trees with a diversity of species is a goal as well as a challenge. The challenge present in replacing these ash trees is the availability of funding. Grants such as this one offer an opportunity to meet our goal. N/A Page 172 of 356 CITY OF WATERLOO Council Communication Resolution approving the FY 2019 Edward Byrne Memorial Justice Assistance Grant, in the amount of $58,997, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizing the Mayor to execute said documents. City Council Meeting: 10/7/2019 Prepared: 9/24/2019 REVIEWERS: Department Department Reviewer C1�onblis, Dave Even, I.eAnn Action Approved A pp roved ATTACHMENTS: Description Type a 2.019 JAG Grant award 2.019. i),D BX..0640 Cover Memo SUBJECT: Date 9/24/201.9 ... 10/2/201.9 ...:.2.IHNA k A. M Resolution approving the FY 2019 Edward Byrne Memorial Justice Assistance Grant, in the amount of $58,997, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizingthe Mayor to execute said documents. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Request that the City Council pass a resolution authorizing Mayor Hart to receive the 2019 JAG Grant 2019 -DJ -BX -0640 for the FY2019 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $58,997.00, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriff and the Black Hawk County Attorney. The JAG grant will in part be used to pay salary, benefits, and overtime. The JAG grant will be utilized from October 1, 2018 to September 30, 2022. The JAG grant will in part be used to pay salary, benefit and overtime. The grant will be utilized from October 1, 2018 to September 30, 2022. Your approval of this grant will enable the Tri -County Drug Task Force to further investigate mid and high level narcotics crimes creating a safer community. None N/A N/A N/A Page 173 of 356 Background Information: N/A Legal Descriptions: N/A Page 174 of 356 U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington, D.C. 20531 September 23, 2019 The Honorable Quentin Hart Waterloo City 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Hart: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $58,997 for Waterloo City. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Antonio Tovar, Program Manager at (202) 598-7424; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, I py Katharine T. Sullivan Principal Deputy Assistant Attorney General Enclosures Page 175 of 356 U.S. Department of Justice Office of Justice Programs Office of Civil Rights Washington, DC 20531 September 23, 2019 The Honorable Quentin Hart Waterloo City 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Hart: Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VT of the Civil Rights Act of 1964 and Title TX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp. gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Page 176 of 356 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OW FORM 4000/2 (REV. 4-88) Page 177 of 356 ror U.S. Department ofJustice Office of Justice Programs Bureau of Justice Assistance Grant PAGE 1 OF 29 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) Waterloo City 715 Mulberry Street Waterloo, IA 50703-5783 4. AWARD NUMBER: 2019 -DJ -BX -0640 5. PROJECT PERIOD: FROM 10/01/2018 TO 09/30/2022 BUDGET PERIOD: FROM 10/01/2018 TO 09/30/2022 6. AWARD DATE 09/23/2019 7. ACTION 2a. GRANTEE IRS/VENDOR NO. 426005329 8. SUPPLEMENT NUMBER 00 Initial 2b. GRANTEE DUNS NO. 075841684 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE FY 19 JAG Program 10. AMOUNT OF THIS AWARD $ 58,997 11. TOTAL AWARD $ 58,997 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT 1S APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYI9(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Katharine T. Sullivan Principal Deputy Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Quentin Hart Mayor 17. jSIGNATURE OF APPROVING OFFICIAL 1' 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 58997 21. UDJUGT1269 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OW FORM 4000/2 (REV. 4-88) Page 177 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if personally executed by the authorized recipient official. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period - - may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. OJP FORM 4000/2 (REV. 4-88) Page 178 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(t), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000/2 (REV. 4-88) Page 179 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000/2 (REV. 4-88) Page 180 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both -- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 4000/2 (REV. 4-88) Page 181 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer agents can email E - Verity at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OW, before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information (P11) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) Page 182 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government-- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2 (REV. 4-88) Page 183 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OW authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 18. OW Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://oj p.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 4000/2 (REV. 4-88) Page 184 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/egi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. OJP FORM 4000/2 (REV. 4-88) Page 185 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 10 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 24. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at https://ojp.gov/funding/Explore/FYI 9AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by --(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) Page 186 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 11 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. I. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) Page 187 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 12 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. OJP FORM 4000/2 (REV. 4-88) Page 188 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 13 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 31. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) Page 189 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 14 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 32. No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Page 190 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 15 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 33. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. if the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Page 191 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 16 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 34. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification 1. if the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere ... 8 U.S.C. 1373 and 1644; ongoing compliance" award condition. 4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Page 192 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 17 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227). no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition -- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Page 193 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 18 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227). no funds under this award maybe used to make any public disclosure of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award fiords may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Page 194 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 19 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 37. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award fluids may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) hat (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Page 195 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 20 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 38. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power maybe exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government - contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award fiords may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Page 196 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 21 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 39. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I -247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. OJP FORM 4000/2 (REV. 4-88) Page 197 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 22 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 40. No use of funds to interfere with federal law enforcement: Notice of scheduled release SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government -contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government -contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release" award condition are incorporated by reference as though set forth here in full. 41. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. OJP FORM 4000/2 (REV. 4-88) Page 198 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 23 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 42. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OW all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 43. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 44. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 45. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 46. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. OJP FORM 4000/2 (REV. 4-88) Page 199 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 24 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 47. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 48. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c) -(d). The recipient may not satisfy such a fine with federal funds. 49. Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 50. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 51. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. OJP FORM 4000/2 (REV. 4-88) Page 200 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 25 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 52. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (intemet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 53. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 54. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NILS), or that has as one of its pm -poses the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the N1CS, and -- when appropriate -- promptly must update, correct, modify, or remove such N1CS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. OJP FORM 4000/2 (REV. 4-88) Page 201 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 26 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 55. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 56. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (REV. 4-88) Page 202 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 27 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 57. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 58. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 59. Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. I0202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 60. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 61. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 62. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. OJP FORM 4000/2 (REV. 4-88) Page 203 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 28 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 63. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 64. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2018 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2018), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 65. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 66. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. OJP FORM 4000/2 (REV. 4-88) Page 204 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 29 OF 29 PROJECT NUMBER 2019 -DJ -BX -0640 AWARD DATE 09/23/2019 SPECIAL CONDITIONS 67. Withholding - DHS question attachment The recipient may not obligate, expend or draw down funds until the Office of Justice Programs has received and approved the required application attachment(s) described in the program solicitation as 'Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 4000/2 (REV. 4-88) Page 205 of 356 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for Waterloo City The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Page 206 of 356 U.S. Department of Justice Office of Justice Programs \" J 4j Bureau of Justice Assistance 4t �✓u�s3'icF �' f, Xkiit [ GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2019 -DJ -BX -0640 PAGE 1 OF 1 This project is supported under FY19(BJA - JAG State and JAG Local) Title 1 of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). 1. STAFF CONTACT (Name & telephone number) Antonio Tovar (202) 598-7424 2. PROJECT DIRECTOR (Name, address & telephone number) Jason Feaker Lieutenant 715 Mulberry Street Waterloo, IA 50703-5783 (319) 291-4364 3a. TITLE OF THE PROGRAM B.IA FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT FY 19 JAG Program 5. NAME & ADDRESS OF GRANTEE Waterloo City 715 Mulberry Street Waterloo, IA 50703-5783 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2018 TO: 09/30/2022 8. BUDGET PERIOD FROM: 10/01/2018 TO: 09/30/2022 9. AMOUNT OF AWARD S 58,997 10. DATE OF AWARD 09/23/2019 11. SECOND YEAR'S BUDGET 12. SECOND YEARS BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information OJP FORM 4000/2 (REV. 4-88) Page 207 of 356 sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF Page 208 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, in an amount not to exceed $8,650, in conjunction with conducting an Environmental Investigation at the former Wonder Bread Bakery site, and authorizing the Mayor to execute said document. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department Reviewer Action Date Pairing & Zorn Schroeder, Ade Approved 10/2/20 19 - 10:39 ANI C perk Office Even, p:.eAnn Appproved. 10/2,/20 19 - 12.:/ p 14 ATTACHMENTS: Description Type /\.gpneemera Backup Matter SUBJECT: Submitted by: Resolution approving a Professional Services Agreement with HR Green Company of Cedar Rapids, Iowa, in an amount not to exceed $8,650, in conjunction with conducting an Environmental Investigation at the former Wonder Bread Bakery site, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City of Waterloo is looking to approve a Professional Services Agreement in the amount not to exceed $8650 to have HR Green conduct an environmental investigation on the former Wonder Bread Bakery site at 325 Summary Statement: Commercial Street, currently the site of Singlespeed Brewery. This testing needs to be conducted in order to close out the Phase II environmental report. Expenditure Required: Estimated fees for investigation is to be $10,000. Source of Funds: Nuisance bonds Policy Issue: Economic Development policy number 1, 3 &4 within the Strategic Plan. Legal Descriptions: ORIGINAL PLAT WATERLOO LOTS 6 THRU 10 BLK 2 Page 209 of 356 111111111„„„„„„„„10-00„ ll"I",h11iiiiiuouom u PROFESSIONAL SERVICES AGREEMENT For SingleSpeed Brewery SBA Investigation Mr. Noel Anderson, Community Planning and Development Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 319-291-4366 Rose Amundson, Project Scientist II HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, IA 52424 HR Green Project Number: 191443 October 3, 2019 Version 2.1 02212019 Page 210 of 356 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.1 02212019 Page 211 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 1 of 9 THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding COMPANY will mobilize to 325 Commercial Street, Waterloo, Iowa to collect a shallow soil vapor sample. This sample will be collected from the exterior of the structure in the right- of-way along Commercial Street or 3rd Street. A previously completed environmental assessment at the property was not able to access an area on the property and this sample collection is being completed to assess this further. This property is largely built out with a structure and pavement covering almost its entire footprint. This property is henceforth referred to as the SITE. 1.2 Design Criteria/Assumptions This scope includes one mobilization to the SITE to collect a soil gas sample from the subsurface. COMPANY will place the sample location into concrete on exterior of the structure located at 325 Commercial Street along Commercial Street or 3rd Street. Soil vapor sample collection will be completed using a SUMMA canister and this material will be mobilized to the SITE. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Mobilize to the SITE and complete one (1) temporary piezometer installation at a depth of approximately 3-4 feet below ground surface (bgs). This will be installed in the public right-of-way along Commercial Street. If this area is not accessible due to utilities or other conflicts, the sample location will be located in the public right-of-way along 3rd Street. A soil vapor sample will be collected and submitted for TO -15 analysis. Subsurface installation activities will be completed by an Iowa -licensed driller. Upon receipt of the analytical results, a memo will be completed identifying the analytical results and associated risk of the findings and will include a sample location map, and limiting conditions experienced. 3.0 Deliverables and Schedules Included in this Agreement COMPANY will deliver to CLIENT a memo at the completion of the Scope of Services identified in Section 2.0. Version2.1 02212019 Page 212 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 2 of 9 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: - Additional environmental sampling beyond what is identified in Section 2.0 of this AGREEMENT. - Revision to deliverable. - Attendance of meetings on behalf of CLIENT. - Additional mobilizations or change in scope due to lack of access to complete boring locations and sample collection as outlined in Section 2.0. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement or contract amendment, if desired. 5.0 Services by Others Collected samples will be analyzed by a certified analytical laboratory and drilling activities will be completed by an Iowa -licensed driller. 6.0 Client Responsibilities CLIENT will provide COMPANY with site access. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY Version2.1 02212019 Page 213 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 3 of 9 may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and material basis with a Not to Exceed fee of eight thousand six hundred fifty dollars ($8,650). Version2.1 02212019 Page 214 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 4 of 9 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLI ENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services Version2.1 02212019 Page 215 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 5 of 9 performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by Version2.1 02212019 Page 216 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 6 of 9 COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLI ENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLI ENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. Version2.1 02212019 Page 217 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 7 of 9 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLI ENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or Version2.1 02212019 Page 218 of 356 of 0 11111111111 .111111111111111111111111111111111111111111111111111 Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 8 of 9 into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s) without the written authorization of COMPANY. 8.27 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the Agreement. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the Agreement shall be the last date entered below. Version2.1 02212019 Page 219 of 356 1111111 1111111111111111111111111111111111111111111111111111111Z" 111111111111111111111111111111111111 1111111111111 I!, _ ""'�� wreeDw Sincerely, HRGREEN, U��� /T , Approved by: Printed/Typed Name: City of Waterloo Accepted by: Printed/Typed Name: Title: | Professional Services Agreement SingleSpeed Brewery SBA Investigation 191443 October 3, 2019 Page 9 of 9 Date: Version2.1 02212018 Page 220 of 356 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with Black Hawk Contracting & Development Co., for the construction of two single family homes, located at 1130 and 1132 Hummingbird Circle, with a minimum assessed value of $150,000 each, and approving a development grant of $5,000 per dwelling, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department Reviewer Action Date P la mirng & Zoning i ng Schroeder, A.rie .Approved 10/2/201.9 ... Clerk Office Even, p:,e%nn Approved 10/2/2019... p:%: ATTACHMENTS: Description Agreement B ckrup Mate i ull IVpnip llacp<rupr l a�enirull Type SUBJECT: Submitted by: 8 A M IHNA Resolution approving a Development Agreement with Black Hawk Contracting & Development Co., for the construction of two single family homes, located at 1130 and 1132 Hummingbird Circle, with a minimum assessed value of $150,000 each, and approving a development grant of $5,000 per dwelling, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approve the resolution The City of Waterloo is looking to approve a Development Agreement with Black Hawk Contracting & Development Co., to construct two new single family dwellings on a lot located at 1130-1132 Hummingbird Circle. The Summary Statement: developer has acquired the property and is building two homes on the lot with a minimum value of $150,000 for each. This agreement would also allow for the developer to receive a $5,000 grant per dwelling from the city once the homes receive their certificate of occupancy after construction. This area was platted in 1980's. Expenditure Required: $10,000 Source of Funds: Bonds Policy Issue: Infill Housing Alternative: Not approve. Page 221 of 356 Legal Descriptions: Crossroads Estates Replat No 5 Lot 2 Page 222 of 356 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 Black Hawk Contracting & Development Co. ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct two new single family dwellings and related improvements on property located at 1130 Hummingbird Circle & 1132 Hummingbird Circle in Waterloo, generally described as parcel 8813-11-126-060, 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 two single family homes, with an assessed valued at over $150,000 each. The dwellings 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, Page 223 of 356 DEVELOPMENT AGREEMENT Page 2 state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 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 and/or 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 each 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 Page 224 of 356 DEVELOPMENT AGREEMENT Page 3 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 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. Page 225 of 356 DEVELOPMENT AGREEMENT Page 4 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 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 Black Hawk Contracting & Development, at PO Box 295 Waterloo, Iowa 50704, Attn: John Rooff. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Page 226 of 356 DEVELOPMENT AGREEMENT Page 5 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue 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 227 of 356 DEVELOPMENT AGREEMENT Page 6 CITY OF WATERLOO, IOWA DEVELOP5R, By: Quentin M. 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IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII III , uulllllllllllllllllllll ,,,I;, d�INI murr IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Nlllllllllllllr 11 r lu° Il IIII auuuuuuurr° J�l lllllll�llll I , upI!!!!!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIPI NI' ~i' uIII N 11llllllllllllllllllllllllllllllllllllllll'III IIl11 IIII,( 1 I uuuuuuuuuuuum IIIIIII ""rru 11111111111111111111111111111111111 B ete B ase map data source is Black Hawk County This map does not represent a survey no Lability isHi ed for the accuracy of the data delineated here i n, either expressed or implied by Black Hawk County the Black Ha rk Count, Assessor, cr Oren employees The City of W atedoo makes no warranty, axiom a or mplied, ao to the accuracy dare nfomblcn shown on this map, and express!; disclaims liability for the acoura, thereof users should refer to official plats surreys recorded deeds etc located at the Black Hawk Caurrty 4ssedoel s,fiCe M complete and acau ate mfor matron City of Waterloo, Iowa Page 230 of 356 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with Adnan Dizdaric and Merima Dizdaric, for the construction of a single family home, located at 1330 Jersey Lane, 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: 10/7/2019 Prepared: 9/17/2019 REVIEWERS: Department ) .h r n ry g &. Z O.r irn g Clerks Office ATTACHMENTS: Description A.greem en Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, L.,eAnnn Action Approved Approved Type cis p II ckurr Iiall Date I0/2/2019 10/2/20 fl. 34 AM 3 Resolution approving a Development Agreement with Adnan Dizdaric and Merima Dizdaric, for the construction of a single family home, located at 1330 Jersey Lane, 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 and Development Director Approve the resolution The City of Waterloo is looking to approve a Development Agreement with Adnan & Merima Dizdaric, to construct a new home on a lot located at 1330 Jersey Lane. The developer has acquired the property and plans to 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. $5,000 Bonds Infill Housing Not approve. Lot 4, Except the west 20 feet in Guernsey's Orange View Plat in Black Page 231 of 356 Legal Descriptions: Hawk County. Page 232 of 356 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 Adnan & Merima Dizdaric ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct one single-family dwelling and related improvements on property located at 1330 Jersey Lane, 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 233 of 356 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 and/or 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 234 of 356 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 235 of 356 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 Adnan & Merima Dizdaric, 1330 Jersey Lane, Waterloo, Iowa 50701. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and 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 236 of 356 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 237 of 356 DEVELOPMENT AGREEMENT Page 6 CITY OF WATERLOO, IOWA DEVELOPER By: Quentin M. Hart, Mayor Adnan Dizdaric Attest: Kelley Felchle, City Clerk Merima Dizdaric Page 238 of 356 EXHIBIT "A" Legal Description of Property Lot 4, except the west 20 feet in Guernsey's Orange View Plat in Black Hawk County, Iowa. 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Citic of Waterloo, Iowa W+E Page 240 of 356 CITY OF WATERLOO Council Communication Resolution approving Development Agreement with Lincoln Savings Bank for the rehabilitation of 75,000 square feet of professional office space in the Tech One Building, with an added taxable value of $8 5 million, including City grant of $550,000, twenty (20) years of tax rebates at 70 percent, and $3 million per the Iowa Reinvestment District Grant contract, in Iowa Reinvestment District funds, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department Reviewer Action Date & Zoning Even, 1.Twhnnre Approved 10/2/20 19 33 1� M ATTACHMENTS: Description Type agreement Cover Memo SUBJECT: Submitted by: Resolution approving Development Agreement with Lincoln Savings Bank for the rehabilitation of 75,000 square feet of professional office space in the Tech One Building, with an added taxable value of $8.5 million, including City grant of $550,000, twenty (20) years of tax rebates at 70 percent, and $3 million per the Iowa Reinvestment District Grant contract, in Iowa Reinvestment District funds, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Adopt resolution The City has been working with Tech Works and Lincoln Savings Bank for this tremendous project to invest over $11 million into the Tech 1 building to help solidify LSB's location in Downtown Waterloo, and help bring over 200 new employees to the Waterloo community over the next 5 years. The project will bring a new taxable value to the area of $8.5 million. Summary Statement: The Development Agreement helps with a grant of $550,000, tax rebates at 20 years at 70% (standard for a project this size), and the IRD funds for rehabilitation of the upper floors of Tech 1 (which is a part of the original IRDX agreement with State of Iowa for the overall site redevelopment). Expenditure Required: $550,000 grant Source of Funds: Bond and TIF funds Economic Development: Page 241 of 356 Policy Issue: Alternative: Background Information: Strategic Plan Goal 1: creation of new livable wage jobs Strategic Plan Goal 3: increases in taxable valuation Not approve The City of Waterloo and Tech Works have worked in partnership, beginning with the land and funding donation by John Deere of the Tech Works Campus, to work to bring new innovative companies and redevelopment of the buildings and brownfield site. This project will work to increase the employees in this area, investment in this area, and bring a new company to the Waterloo community. Page 242 of 356 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2019, by and between Lincoln Savings Bank ("Company") and the City of Waterloo, Iowa, ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct certain building improvements on certain real property that Company is acquiring from Cedar Valley Tech Works, Inc. ("CVTW"), located in the Downtown Waterloo Urban Renewal and Redevelopment Area (the "Urban Renewal Area"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is the owner of, or is in the process of acquiring ownership of, one or more condominium units in a horizontal property regime governing real estate at 360 Westfield Avenue, Waterloo, Iowa, described on Exhibit "A" attached hereto (the "Property"). The Company will undertake the Project (defined below) in and upon the Property. 2. Improvements by Company. Company shall cause certain improvements (the "Improvements") to be constructed on the Property, consisting of Page 243 of 356 approximately 75,000 square feet of office space including lobbies and common areas (37,500 sq. ft. will be finished and 37,500 square feet will be white boxed for future build -out). The Improvements shall be constructed generally in conformity with the depictions attached hereto as Exhibit "C". Company agrees that the Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. City Activities to Aid the Project. In addition to the property tax rebates provided for in Section 7 below, the City agrees to undertake each of the following activities at its own expense: A. Development Grant. Within thirty (30) days after Company presents to City's planning department a certificate of occupancy issued upon Substantial Completion of the Improvements (the date of issuance is the "Occupancy Date"), City shall pay to Company a development grant in the amount of $550,000.00 (the "Grant"). For purposes of this Agreement, "Substantial Completion" means completion of all of the Improvements — both finished space and white -box space — to the extent necessary for City to issue a certificate of occupancy relating thereto, and the fact of the issuance of such certificate. B. Property Tax Rebates. City shall provide property tax rebates on the terms and conditions set forth elsewhere in this Agreement. C. Iowa Reinvestment District Grants. City has previously established the TechWorks Reinvestment District pursuant to Iowa Code Chapter 15J (the "IRD"). Commencing after the Occupancy Date, City will make grant payments to Company, funded by IRD receipts or City -issued bonds, of no less than $200,000.00 each fiscal year (July to June) for a period of fifteen (15) years. Payments in the first year will be prorated based on the number of complete months following the Occupancy Date in the first payment year. Each's year's grant shall be made in a single, annual payment by August 1 in respect of the fiscal year most recently ended. D. Project Review and Assistance. The parties acknowledge and agree that the Project will require Company to obtain various approvals from the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. City will 2 Page 244 of 356 make planning, building, and engineering staff available for Project planning review and consultations in order to promote expeditious progress of the Project. E. Support for Applications. City agrees that it will cooperate in good faith with Company and, if necessary for program requirements, will sponsor Company applications for available tax credits and/or rebates and other available government funding, if Company chooses to make such application. The parties anticipate that Company may apply for federal and State of Iowa historic tax credits, brownfield/grayfield tax credits, credits and sales tax reimbursements under the Iowa Economic Development Authority (IEDA) High Quality Jobs Program, reimbursements and credits under the Iowa Industrial New Jobs Training Act, and other incentives. F. Purchase Option. For a period of five (5) years after the date of execution of this Agreement, Company shall have an option to purchase up to one-half acre of undeveloped land from City in the Urban Renewal Area for a price of $1.00, subject to a development agreement that includes establishment of a minimum assessed value, for purposes of constructing a new retail banking location. Undeveloped land that is needed for a municipal purpose or that is designated for another development project is not eligible for purchase. Company shall exercise the option, if at all, by delivery of written notice to City, and thereafter the parties shall enter a purchase agreement on terms mutually agreeable to the parties. If Company instead exercises an option to purchase land from CVTW for the purposes described in this paragraph, then this option shall automatically terminate without further action by the parties. 4. Timeliness of Construction. Company must obtain a building permit and begin construction within six (6) months from the date that Company receives notice of approval from the Iowa Division of Banking for change of location, and Company shall cause the Improvements to be Substantially Completed no later than December 31, 2020, or by such other date as the parties may mutually agree in writing. If Company has not begun construction of the Improvements before the end of the 6 - month period, this Agreement shall be voided and City shall have no further obligation hereunder. If construction has not begun by the end said six-month period, but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of time for the construction of the Improvements. If construction has commenced within the required period or any extended period and is stopped and/or 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 Company (each of the foregoing is an "Unavoidable Delay"), the requirement that construction of the Project shall be tolled for a period of time equal to the period of Unavoidable Delay, and thereafter if construction is not completed within the allowed period of extension, this Agreement shall be voided and City shall have no further obligation hereunder. 5. Utilities. Company will be responsible, at its own cost, for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 245 of 356 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $8,500,000.00 (the "Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 7. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 6, and subject to annual appropriation by the city council, City agrees to rebate property tax (with the exceptions noted below) as follows: Year 1 through Year 20 70% rebate each year for any taxable value over the January 1, 2019 value of $750,000.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year and the city council has made an appropriation for the payment of rebates. To receive rebates for a given year, Company must submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year 1") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial 4 Page 246 of 356 value of the Improvements due to partial completion of the Improvements or a partial tax year. 8. Project Conditions. The performance of Company under this Agreement is expressly made subject to fulfillment or waiver of each of the following conditions, and in the event each of such conditions are not fulfilled or waived then this Agreement shall be void and City shall have no further obligation under this Agreement. A. Condominium. No later than December 31, 2019, CVTW shall submit the Property to a horizontal property regime that is compliant with Iowa law, including in such regime the entire "Tech 1" building and surrounding grounds and parking lot. B. Property Conveyance. Within thirty (30) days, or such longer period as may be agreed between CVTW and Company, CVTW shall convey title to the Property to Company, including in such conveyance the condominium units that comprise the Property and all interests in the common elements that are appurtenant to such units. The conveyance shall be subject to such terms and conditions as shall be set forth in a separate agreement between CVTW and Company, including but not limited to the rent-free right to use up to 6,000 square feet of CVTW's current office space on the second floor of the Tech 1 building during the period of construction of Improvements, not exceeding 24 months. C. CVTW Purchase Option - Retail. CVTW and Company shall enter into an agreement granting to Company an option to purchase up to one-half acre of undeveloped land from CVTW for a price of $1.00, for purposes of constructing a new retail banking location. Undeveloped land that is designated for another development project is not eligible for purchase. Company may not exercise both the option provided for in this paragraph and the option provided for in Section 3.F above. D. CVTW Purchase Option - Operations. CVTW and Company shall enter into an agreement granting to Company an option to purchase the condominium unit(s) corresponding to the bottom three floors of the Tech 1 Building, at a price equal to the appraised value of said unit(s) and all appurtenant interests, minus the anticipated cost of improvements, determined in good faith, that Company agrees to make to such unit(s) after conveyance, and minus the value added to such units by improvements to the exterior of the building that were paid for by Company after the date of this Agreement (the "Bank -Paid Added Value"). If the appraiser is unable to derive the Bank -Paid Added Value, or if a party disputes the Bank -Paid Added Value derived by the appraiser, then the parties shall negotiate in good faith to resolve the dispute, and if they cannot do so then a second appraisal shall be performed and the Bank -Paid Added Value as determined by the two appraisals shall be averaged and then utilized in the purchase -price formula set forth in the preceding sentence. The parties will equally bear the cost of the first appraisal, but the Page 247 of 356 party that demands a second valuation shall solely bear the cost of the second appraisal. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. E. Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. G. During the period that any rebate is payable to Company under this Agreement, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any 6 Page 248 of 356 commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 10. 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. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, and further assuming approval from the Iowa Division of Banking for relocation of Company operations to the Property, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by 7 Page 249 of 356 bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on 8 Page 250 of 356 the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, which consent shall not be unreasonably withheld or denied; notwithstanding the foregoing, and provided that Company provides written notice to City, Company may assign its rights under this Agreement, including but not limited to mortgaging the Property, to a private lender as security on a credit facility taken in connection with the Project, including any refinancing thereof, without further action on the part of the City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished 9 Page 251 of 356 by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may suspend its performance under this Agreement until it receives assurances from Company, deemed adequate by City, that Company will cure its default and continue its performance under this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, and by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, and by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. City hereby agrees to timely undertake and complete all such procedures, hearings and approvals so that the benefits that City promises to Company hereunder as an inducement for Company to undertake and complete the Project as set forth in this Agreement will not be lost. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180 - day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same. To the extent permitted by applicable law, City agrees to 10 Page 252 of 356 indemnify Company and hold it harmless from and against any claims, damages, costs, expenses or loss of value suffered by Company and arising from such revocation or repayment. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 508 Main Street, Reinbeck, Iowa 50669, Attention: President/CEO, with a copy to Eric W. Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, 11 Page 253 of 356 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. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. 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. 23. 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. 24. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 25. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 12 Page 254 of 356 27. 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. 28. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 13 Page 255 of 356 CITY OF WATERLOO, IOWA LINCOLN SAVINGS BANK By: By: Quentin Hart, Mayor Erik Skovgard, Pre ent/CEO Attest: Kelley Felchle, City Clerk 14 Page 256 of 356 EXHIBIT "A" Legal Description of Property [insert — top three floors of Tech 1 building and appurtenant interest in common elements] Page 257 of 356 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019, by and among the CITY OF WATERLOO, IOWA ("City"), LINCOLN SAVINGS BANK ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area (the "Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) on the Property pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $8,500,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2050. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Page 258 of 356 Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA LINCOLN SAVINGS BANK By: By: Quentin Hart, Mayor Erik Skovgard, President/CEO By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 2019, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City 2 Page 259 of 356 Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2019 by Erik Skovgard as President/CEO of Lincoln Savings Bank. Notary Public Page 260 of 356 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Eight Million Five Hundred Thousand and 00/100 Dollars ($8,500,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2019 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 261 of 356 EXHIBIT "C" Depictions of Improvements See pages attached hereto. Page 262 of 356 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with Hartel Properties, LLC, originally signed on August 5, 2019, to provide tax rebates of 90 percent, 75 percent and 60 percent for a three year time period, located north of 3105 Airport Boulevard, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/7/2019 Prepared: 9/30/2019 REVIEWERS: Department Reviewer Action Date 1°l nnnm'n& Zoning Schroeder, Ark; App:troved. 1.0/7/2,019 - ll0:4'. A (.`Ile,ri<_ Oifce i^;vena i:.eAmo Approved 10/2/2019 ... l)A0 P ATTACHMENTS: Description Type D Amendment to I)e°vo Agr Cover Merrro SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving an Amendment to the Development Agreement with Hartel Properties, LLC, originally signed on August 5, 2019, to provide tax rebates of 90 percent, 75 percent and 60 percent for a three year time period, located north of 3105 Airport Boulevard, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval The City has been working with Hartel Properties, LLC for the development of a 9,800 square foot building dog daycare, which will be located north of 3105 Airport Boulevard. During the process of entering into the development agreement, it was determined that the city could not transfer property located around nearby radar towers as it has not been released by the FAA. Rebating the taxes will help make up the difference of costs incurred by the developer due to this land no longer being included. None N/A Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: N/A Page 263 of 356 Background Information: Hartel Properties, LLC is beginning construction of the new dog daycare and the City of Waterloo has owned this land since the late 1990s. Legal Descriptions: Tract "I" and Lot 4 of MidPort America Park Plat No.1, City of Waterloo, Black Hawk County, except that part of Lot 4 described as Parcel "I" according to Plat of Survey filed August 26, 2019 as Doc. No. 2020-3603. Page 264 of 356 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234-5701 Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2019, by and between Hartel Properties, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated August 5, 2019 and filed August 26, 2019 as Doc. No. 2020-3553 (the "DA"), concerning the development of land (the "Property") described therein. B. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The following new Section 8.1 shall be added to the Agreement immediately following Section 8, as follows: 8.1. Tax Rebates. Provided that Company has completed the Improvements as set forth in this Agreement before the Project Completion Date and has executed the Minimum Assessment Agreement as set forth in Section 8 above, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One 90% Year Two 75% Year Three 60% for any taxable value over the starting Minimum Actual Value of $480,000.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To Page 265 of 356 Page 2 receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not based on a prior year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the applicable phase Improvements due to partial completion of such Improvements or a partial tax year. 2. The following new Section 8.2 shall be added to the Agreement immediately following new Section 8.1, as follows: 8.2. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. B. During the period that any rebate is payable to Company under this Agreement, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. C. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, Page 266 of 356 Page 3 and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 3. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk HART ()PERT! S. LLC Hartel anagihg Membe Page 267 of 356 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with Cedar Valley Real Estate, LLC, of Waterloo, Iowa, originally signed on January 22, 2019 for the renovation of 300 Commercial Street, to change the completion timeline to twenty-four (24) months, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department ) .h r n ing &.. O.r irn g Clerks Office Reviewer Schroeder, Aric Even, L.,eArr n ATTACHMENTS: Description .nnncrndrnent to levek 1:rmen SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type i:innc�sup 1Vi4a�eriaJ Date 10/2/201.f ... 10:4 .J\4 10/2/2019... 12.46 P.M. Resolution approving an Amendment to the Development Agreement with Cedar Valley Real Estate, LLC, of Waterloo, Iowa, originally signed on January 22, 2019 for the renovation of 300 Commercial Street, to change the completion timeline to twenty-four (24) months, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve the resolution for amendment The City of Waterloo approved a development agreement with Cedar Valley Real Estate, LLC for the renovation of 300 Commercial Street in Downtown Waterloo. Due to the historic tax credit process the timeline will need to be adjusted to a completion date within 24 months of the agreement. None NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Not approve Original Plat Waterloo West Lot 4 and 5 Block 5 Page 268 of 356 Preparer Informston: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234-5701 Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment`) is entered into as of , 2019, by and between Cedar Valley Real Estate, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated January 22, 2019 and filed February 22, 2019 as Doc. No. 2019- 12764 (the "DA"), concerning the development of land (the "Property") described therein. B. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The last sentence of Section 2 is hereby stricken in its entirety, and the following new sentence is substituted in its place: "Company shall commence Improvements within nine (9) months after the date of this Agreement and shall substantially complete the Project within twenty-four (24) months thereafter." 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 269 of 356 Page 2 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk CEDAR VALLEY REAL STATE, LLC By: L.„/,,„—------ Kade Hoppenworth Managing Member Page 270 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Invision Architecture of Waterloo, Iowa, in an amount not to exceed $80,000, in conjunction with the FY 2020 Center for the Arts Parking Improvements, Contract No. 1004, and authorizing the Mayor to execute said document. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department .E inneen n g 1."1eir _ Office Reviewer < i et. tz, Denii Oven. LeAn:n ATTACHMENTS: Description D Com ➢PSA. SUBJECT: Submitted by: Recommended Action: Source of Funds: Action Approved Approved. Type C, oveJr J\1.en.no Date 10/2/2019 ... lip:2,2 A.M '10/2/2019 ... 12:40 P M Resolution approving a Professional Services Agreement with Invision Architecture of Waterloo, Iowa, in an amount not to exceed $80,000, in conjunction with the FY 2020 Center for the Arts Parking Improvements, Contract No. 1004, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer The Scope of Services will include civil engineering services and landscape architecture for this project. GO Bonds Downtown Parking Page 271 of 356 Init. I AIA Document BIO4TM - 2017 Standard Abbreviated Form of Agreement Between Owner and Architect AGREEMENT made as of the 19 day of September in the year 2019 (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Waterloo, IA 50703 and the Architect: (Name, legal status, address and other information) INVISION Architecture, LTD 501 Sycamore Street Suite 101 Waterloo, IA 50703 for the following Project: (Name, location and detailed description) Waterloo Center for the Arts Parking Redevelopment Phase II Parking Lot to be renovated is the East portion of the Waterloo Center for the Arts Parking Lot. 225 Commercial Street Waterloo, IA 50701 The Owner and Architect agree as follows. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. A!A Document B104T" —2017. Copyright ®1974,1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U,S. Copyright Law and international T,eaties. Unauthorized reproduction or distribution of this AIA8 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 0612612020, and is not for resale. User Notes: (1498247017) Page 272 of 356 I Init. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth below: (State below details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, and other information relevant to the Project.) Consultants: Civil Engineering: AECOM 501 Sycamore Street Suite 222 Waterloo, IA 50703 Landscape Architect Ritland Kuiper 501 Sycamore Street Mezzanine Level Waterloo, IA 50703 Project will be competitively bid This contract is for design and documents for bidding and construction. Construction administration services are not part of this contract. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information, AIA Document B104111 — 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This NIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIN, Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1498247017) Page 273 of 356 2 init. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203"4-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202114-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services set forth in this Agreement consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.2 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.8: (Identifi) types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability Refer to Exhibit A for Insurance Limits .2 Automobile Liability Refer to Exhibit A for Insurance Limits .3 Workers' Compensation Refer to Exhibit A for Insurance Limits .4 Professional Liability Refer to Exhibit B for Insurance Limits ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary Civil engineering services and Landscape Architecture. ental or Additional Services. Services not set forth in this Article 3 are Supple § 3.1.1 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on (1) the accuracy and completeness of the services and information furnished by the Owner and (2) the Owner's approvals. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.2 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. AIA Document B104", —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result in severe civil and criminal penalties, and will bo prosecuted to the maximum extent possible tmder the law, This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and Is not for resale. User Notes: /14242470111 Page- 214 or 356 § 3.1.3 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall discuss with the Owner the Owner's program, schedule, budget for the Cost of the Work, Project site, and alternative approaches to design and construction of the Project. The Architect shall reach art understanding with the Owner regarding the Project requirements. § 3.2.3 The Architect shall consider the relative value of alternative materials, building systems and equipment, together with other considerations based on program, aesthetics, and any sustainable objectives, in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 3.2.4 Based on the Project requirements, the Architect shall prepare Design Documents for the Owner's approval consisting of drawings and other documents appropriate for the Project and the Architect shall prepare and submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.5 The Architect shall submit the Design Documents to the Owner, and request the Owner's approval. § 3.3 Construction Documents Phase Services § 3.3.1 Based on the Owner's approval of the Design Documents, the Architect shall prepare for the Owner's approval Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.4.4. § 3.3.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.3.3 The Architect shall submit the Construction Documents to the Owner, update the estimate for the Cost of the Work and advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.3.4 The Architect, following the Owner's approval of the Construction Documents and of the latest estimate of the Cost of the Work, shall assist the Owner in obtaining bids er-proposals-and awarding and preparing contracts for construction. § 3.4 Construction Phase Services § 3.4.1 General § 3.4.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document Al 04"1-2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. If the Owner and Contractor modify ALA Document A104-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. AIA Document B104T" — 2017. Copyright 1974, 1978, 1987, 1997,2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or di tribution of this AIM' Document, or any 4 portion of it, may, result in severe civil and criminal penalties, and will be prosecuted to tilt maximum extent possible under the law, This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No,2193223387 which expires on 06/26/2020, and Is not for resale. User Notes: (149247D1 7) Page 275 of 356 Init. e AIA Document B104"1— 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AM Document Is protected by U.S. Copyright Law and International TTreaties. Unauthorized reproduction or distribution of this AIA AlAo Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: Page1ft'0df356 5 Init. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services are not included in Basic Services but may be required for the Project. The Architect shall provide the Supplemental Services indicated below, and the Owner shall compensate the Architect as provided in Section 11.2. Supplemental Services may include programming, site evaluation and planning, environmental studies, siva telecommunications/data, security, measured drawings of existing conditions, coordination of separate contractors or independent consultants, detailed cost estimates, on-site project representation beyond requirements of Section 4.2.2, value analysis, interior architectural design, tenant related services, preparation of record drawings, commissioning, sustainable project services, and any other services not otherwise included in this Agreement. (Identi6) below the Supplemental Services that the Architect is required to provide and insert a description of each Supplemental Service, if not further described in an exhibit attached to this document) § 4.2 The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Upon recognizing the need to perform Additional Services, the Architect shall notify the Owner. The Architect shall not provide the Additional Services until the Architect receives the Owner's written authorization. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3. § 4.2.1 The Architect shall provide services necessitated by a change in the Initial Information, changes in previous instructions or approvals given by the Owner, or a material change in the Project including size; quality; complexity; the Owner's schedule or budget for Cost of the Work; or procurement or delivery method as an Additional Service. § 4.2.3 The Architect shall, as an Additional Service, provide services made necessary by a Contractor's proposed change in the Work. The Architect shall prepare revisions to the Architect's Instruments of Service necessitated by Change Orders and Construction Change Directives as an Additional Service. AIA Document B104TM —2017. Copyright ei 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA 4I Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this APO Document, or any 6 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 08/26/2020, and Is not for resale. User Notes: ft asz-ri'aurzi Page orf 356 § 4.2.4 If the services covered by this Agreement have not been completed within Seven ( 7 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project; a written legal description of the site; and services of geotechnical engineers or other consultants, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. § 5.4 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.5 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests; tests for air and water pollution; and tests for hazardous materials. § 5.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.8 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. § 5.9 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.10 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the A1A Document B104TM — 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AM', Document Is protected by E.Y.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any 7 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: Pagg42148°80 356 Init. Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, construction procurement activities have not commenced within 90 days after the Architect submits the Construction Documents to the Owner the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; . 4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or . 5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums when due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the AIA Document B1041'1-2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This MA° Document is protected by U.S. Copyright Law and international Treat! s. Unauthorized reproduction or distribution of this MA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and Is not for resale. User Notes: Pa0922711dt 356 Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other, for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A104-2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.6. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 Mediation, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) AIA Document B104TM —2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. MAI' Document is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIA'' Document, or any 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law: This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 08/26/2020, and is not for resale. User Notes: Pagginff°61) 356 [ ] Arbitration pursuant to Section 8.3 of this Agreement [ )L1 Litigation in a court of competent jurisdiction [ ] Other: (Specifr) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. .". : 2: ". ; ; : . . ": ". .2 ; .;" ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give AIA Document B1041" —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AlA5 Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIA'D Document, or my 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and Is not for resale. User Notes: Padr2Tf16 356 seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: Not applicable .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: Not applicable § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A104-2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. AIA Document B100" — 2017. Copyright 0 1974,1978,1987,1997,2007 arid 2017 by The American institute of Architects. All rights reserved. WARNiNG: This Init. AIM Document Is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA° Document, or any 1 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was I produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and Is not for resale. User Notes: Page12"'74:3f)356 Init. § 10.4 If the Owner requests the Architect to execute certificates or consents, the proposed language of such certificates or consents shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. However, the Architect's materials shall not include information the Owner has identified in writing as confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) Design through bidding/negotiations — Lump Sum Fee - $80,000.00 Construction administration is not part of this contract .2 Percentage Basis (Insert percentage value) ( )% of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) § 11.2 For Supplemental Services identified in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Fees will be negotiated based on the type of additional service requested. Fee structure will be determined based on the scope of the work. AIA Document B104'" —2017. Copyright OD 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Mk' Document Is protect d by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA lm• Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the iaw. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: PaO9Y8118f 356 § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 113, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as follows: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Design Phase Construction Documents Phase Forty percent ( Fifty -Five percent ( 40 %) 55 %) Bidding/Negotiation— Contractor Contract Five percent ( 5°A)) Preparation Construction-Rhast percent ( %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Exhibit C Employee or Category Rate § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 - : : - : Authorized out-of-town travel and subsistence; .2 Dedicated data and communication services, teleconferences, Project web sites, and extranets; . 3 Permitting and other fees required by authorities having jurisdiction over the Project; . 4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; . 8 Expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally maintained by the Architect and the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and AM Document B104Tm — 2017. Copyright 0 1974, 1978, 1987, 1997,2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIAe Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AlAll Document, or any 13 portion of it, may result in severe civic and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 08/28/2020, and is not for resale. User Notes: Pag 612824743f )356 Init. .11 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's . .uses -incurred, consultants. § 11.9 Payments to the Architect § 11.9.1 Initial Payment An initial payment of Zero ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.9.2 Progress Payments § 11.9.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) 1 % Per Month § 11.9.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.9.2.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B1041m-2017, Standard Abbreviated Form of Agreement Between Owner and Architect .2 AIA Document E203"4-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) .3 Exhibits: (Clearly identibi any other exhibits incorporated into this Agreement, including any exhibits identified in Section 4.1.) Exhibit A — Certificate of Insurance for General Liability Insurance Exhibit B — Certificate of Insurance for Professional Liability Insurance Exhibit C Hourly Rates Exhibit D — Proposal letter dated April 3, 2019 AIA Document B104n" —2017. Copyright @ 1974, 1978, 1987, 1997,2007 and 2017 by The American Institute of Architects. All rights reserved. INARNlINIG: This AIX' Document Is protected 'by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any 14 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: Padb9Y81160 356 .4 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER (Signature) AR ITEC alure) Michael Broshar FAIA, Partner (Printed name and title) (Printed name, title, and license number, if required) AM Document B104TM — 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIM Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of thl MA', Document, or any 15 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent pos5lbk under the law. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and Is not for resale. User Notes: Pagd17816856 Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Michael Broshar, FATA, Partner, hereby certify, to the best of my knowledge, information and belief, that I created the attached fmal document simultaneously with this certification at 15:47:13 ET on 09/19/2019 under Order No. 2193223387 from MA Contract Documents software and that in preparing the attached fmal document I made no changes to the original text of MA® Document B104TM — 2017, Standard Abbreviated Form of Agreement Between Owner and Architect , as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Title) (Dated) AIA Document D401 °A - 2003. Copyright ei) 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This, AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA" Document, or any portion of it, may A result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:47:13 ET on 09/19/2019 under Order No.2193223387 which expires on 06/26/2020, and Is not for resale. User Notes: Pa6149287718f 356 Exhibit A ACORO. CERTIFICATE OF LIABILITY INSURANCE 4es.....- ' DATE(MMIDDrYYYY) 9/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PDCM Insurance P.O. Box 2597 Waterloo IA 50704 CONTACT Samantha Trost PHONE Ext1: 319-234-8888 FAX Nos: 319-234.7702 ADDRIESS: strost@pdcm.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers 40282 INSURED INVIARC-01 InVision Architecture Ltd. PO Box 1800 Waterloo IA 50704 INSURER B : 6809H3.43561 INSURER C : 4/1/2020 INSURER D : $1,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 883305104 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER 4WD POLICY NUMBER POLICY EFF (MMIDD/YYYYI POLICY EXP (_MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6809H3.43561 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR - DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000.000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES ECT X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X XHIRED LIABILITY ANY AUTO ALL OWNED AUTOS AUTOS X SCHEDULED AUTOS NON-OWNED AUTOS BAOD032968 411/2019 411/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 $ BODILY INJURY (Per parson) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE CUP5NB67815 4/1/2019 4/1/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 10.000 $ ' A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 1 N N 7 A U80K939667 4/1/2019 4/1/2020 X PER STATUTE OTB - ER E.L. EACH ACCIDENT $ 1.000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE - POLICY LIMIT $ 4.000,900 • DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may ho attached if more space is requl ed) Pro'ect: Waterloo Center for the Arts Parking Redevelopment Phase II 225 Commercial Street Waterloo, IA 50701 CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ?...;-79/c6S2s7 ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 288 of 356 ACCPRif CERTIFICATE OF LIABILITY INSURANCE ���4 _DATE ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 Holmes Murphy & Assoc - CR 201 First Street SE, Suite 700 Cedar Rapids, IA 52401 CONTACT NAME: Paula Dixon PHONE 0 $00-527-9049 FAX (A1C No Ex (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: XL SPECIALTY INS CO 37885 INSURED InVision Architecture, Ltd. PO Box 1800 Waterloo, IA 50704-1800 INSURER B : INSURER C : INSURER 0: $ INSURER E : INSURERF: CLAIMS -MADE CERTIFICATE NUMBER: 57293841 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY EXP (MMIDOIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES $ (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO - JEOT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLYAUTOS NON -OWNED ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? YIN N!A E.L. EACH ACCIDENT $ (Mandatory In NH) Jr describe under E.L. DISEASE - EA EMPLOYEE $ yes, DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims Made DPR9943121 06/01/19 06/01/20 Per Claim Aggregate 2,000,000 4,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Project: Waterloo Center for the Arts Parking Redevelopment Phase II, 225 Commercial Street, Waterloo, IA 50701 ATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St Waterloo, IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) rjustcr R 77O'2GAI © 1968-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 289 of 356 SCH 01 L 0 HO Y T HOURLY RATE SCHEDULE 2019-2020 PARTNER PRINCIPAL PROJECT MANAGER ARCHITECT INTERN ARCHITECT STUDENT INTERN INTERIOR DESIGNER MEDICAL PLANNER STANDARDS AND MODEL CONTENT MANAGER SPECIFICATION WRITER GRAPHIC DESIGNER DRAFTSPERSON I ADMINISTRATIVE S Exhibit C $250 $175 $80-$160 $80-$160 $65 - $95 $55 $80 -$115 $140 -$175 $120 $135 -$150 $100 $70 - $100 $55 -$150 Services provided on an hourly basis shall be performed in accordance with the Standard Hourly Rate Schedule in effect at the time of performance. This schedule is updated annually and will be adjusted with normal review practices. IN VISION ©2019NMSION Page 290 of 356 INVISION I °w." / ^ao/TEcn*c .aRK.m� Noel Anderson City of Waterloo 715 Mulberry St. Waterloo, IA 50703 RE: Waterloo Center for the Arts Parking Redevelopment / Phase II Noel: April 3, 2019 We are pleased to provide this proposal for the next phase of the parking redevelopment t the Waterloo Center for the Arts. We are proposing to worwith the same team thacompleted the WCNSinglespeed first phase redevelopment. INVISION will provide projeccoordination, including modifications tnthe k4o�arPlan document tu accommodate site access requirements for the Art Block project. AECOM will provide Civil Engineering Services to include: ° Storm Sewer Analysis and Design • Sanitary Sewer Analysis and Design ° Parking Lot Design Assistance ° Sidewalk Design Assistance ▪ Utility Coordination � Parking Lot Lighting Design ° Plan and Profile Design • Storm Water Pollution Prevention Plan dna Permitting O Pavement Design (jointing, spot elevations, etc.) • Specifications � Bid Assistance Ritland Kuiper will provide Landscape Design Services to include: " Base map development from survey information � Final Site Development Plan = Construction Documents for layout, landscape plantings, specialty pavements and site furniture O Bid Assistance. Our services include developmenof the design and documents for bidding and construction. We will issue documents for bidding, hold a pre-bid conference, assist the city in receiving bids, and will develop the contracts for construction. We will provide a supplemental agreement to add construction administration services to our agreement following award of construction contracts. AECOM has a separate agreement to complete survey work for the WCA parking lot and will complete survey work for the project. That work will be direct billed to the City. We propose to provide these services working on a lump sum basis with a basic services fee of $80,000, plus reimbursable expenses. Stcost of production of bidding documents and shipping, and will be billed at cost. Additional services, if needed, will be billed on an hourly basis, at standard billing rates and will commence upon identification and authorization. This proposal anticipates that the Phase II parking development (east of the WCA entrance extending to the Art Block project) will be accomplished in a single phase. I will be the primary contact for INVISION. Please contact me with any questions or if you would like further clarification of our proposal. Please let us know if this proposal is acceptable, and we will prepare a contract for services. We look forward to the opportunity to work with you on continuing improvements to the Waterloo Center for the Arts. smSYCAMORE ST, SUITE m1 WATERLOO, IA 50703 319.233.8419 303 WATSON POWELL JR. WAY, SUITE 200 DES MOINES, IA 50309 515,633,2941 PEOPLE. M'ROCESS.BAL/\NCE. Page 291 of 356 - INN/15)00\ .,1t•d].1 AR 7,HITECII;RE:JER Sincerely, 4,4 Michael Broshar, FAIA Partner (319) 433-3821 mikeb@invisionarch.com 501 SYCAMORE ST, SUITE 101 WATERLOO, IA 50703 319.233.8419 303 WATSON POWELL JR. WAY, SUITE 200 DES MOINES, IA 50309 515.633.2941 PEOPLE_ PROCESS„ BALANCE, , INVISIONARCH.COM Page 292 of 356 Page 293 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Pro -West and Associates of Walker, Minnesota, in the amount of $8,874.14, to design, configure and implement an in -office and field solution for the City to manage code violations, and authorizing the Mayor to execute said document. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department unuation Services :Mee ATTACHMENTS: Description D1p'ao West Apr( :,Mitt SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer YO ril. iniLat, t.'lnu::i 1 ^;vena 1,eAnn Action Approved Approved. Type Backup Mardi Date 10/y,/20..9 10/2/20 p 9 ... 1ii:0 A Resolution approving a Professional Services Agreement with Pro -West and Associates of Walker, Minnesota, in the amount of $8,874.14, to design, configure and implement an in -office and field solution for the City to manage code violations, and authorizing the Mayor to execute said document. Submitted By: Chris Youngblut, Director of Technology Approve For the past several years the Waterloo Code Enforcement department has been utilizing the City of Waterloo New World ERP system to create and track CE cases. This has shown to be very inefficient and cumbersome to employees. They often spend more time working in the system updating information then they do in the field inspecting properties. This agreement allows for the configuration and implementation of a solution utilizing software that the City already is licensed for (ESRI Geographic Information Systems) saving money over a completely new solution by another 3rd party vendor. $8,874.14 CIP Funds (council approved $15,430 in CIP funding for this project in last budget season) This project supports the City's strategic plan - Goal 2.2 (Enlist all City departments and staff members in efforts to promote a safer community) and 4.7 (develop electronic initiatives that enhance ease of use and customer service) Disapprove Page 294 of 356 ) .., a E.....C.. TH City of Waterloo, IA Code Enforcement Solution Date: 8-13-19 Client: Chris Youngblut City of Waterloo, Iowa 715 Mulberry St. Waterloo, IA 50703 111111111111111111111 Configure an in -office and field solution for the City to manage code violations. The solutions will be configured using the City's Portal license. Pro -West & Associates Project Manager: Client Project Manager (PM): Fri( .x;11 (i".,%- 686:1. u rr:IIaFF lks U"'id: rerBd co rill 1,;:r°:°u V;u'A'a Wagun 1,11 r:o Fie w J.. 1 Y FFF-2F FFFFFF!!F 0'1111 a «Fir!r'd%1r Frirorriz;�.�",,u Invoice Contactu uul�� Project Schedule: To be completed within 6 weeks of the signed scope date. :371 1\lid/ "0 I'' i u, 81.1 %31kre.r, 1\ ,,11'4 i,I Page 295 of 356 2 • Ensure stakeholders are present at the kick off call and are involved in decision making throughout the project • Provide remote access to ArcGIS Server • Provide PWA remote access to organization's Enterprise geodatabase o Ensure PWA has access to an ArcGIS Desktop license for map publishing • Provide PWA access and capabilities to access and publish services to ArcGIS Server. • Provide PWA access and Administrator Role to the Portal. • Provide PWA a SQL Server account into the enterprise geodatabase that has the ability to create triggers. • Setup DB Mail on the SQL Server • Ensure there are enough named users at the right licensing level to facilitate proposed solution. • Setup a Portal group to house solutions, if desired • Invite users to the group/solutions, and provide proper Esri licensing • Provide an mxd with basedata, labels, and desired symbology (parcels, t/s/r, roads) • Indicate any special naming conventions for data, mxds, map services, web maps and solutions, if any expectations exist • Provide PWA with the names and email addresses of users and the capabilities they need. • Provide PWA with the required tax parcel feature class. • Provide an SMTP address for email notifications • Provide field devices for Collector users • Provide wireless service for Collector users • Provide VPN on field devices, if needed • Ensure road domains are updated and maintained, as they will support the address data entry of this solution. If the solution has issues upon completion, due to the road domains, and PWA is asked to fix the solution, additional costs will apply. *If assistance is needed with client responsibilities, additional costs may apply • Kickoff call to review scope and timeline o 1 hour o All City and PWA stakeholders should be present • Configure Portal users and share access (City may opt to do this) • 1 Survey123 application for general public and staff to submit violation reports o 1 map/feature service o 1 survey form application for submitting reports • 1 Crowdsource Manager web application for staff to track and manage violations o 1 map/feature service o 1 web map per status categories up to 6 o 1 web application Page 296 of 356 3 o 1 Group to support the group application o 1 Group to share access with staff to the web application • Collector solution configuration for field staff to conduct field inspections of violations o 1 web map o 1 Group to share access with staff to the web map o Will be configured for online use (not offline) • 1 Web AppBuilder web application for staff to lookup and review current and existing violations o 1 web map o Up to 5 predefined queries • PWA will setup pre -defined queries that the City can use and/or re -configure as needed o During training, PWA will train users on how to run a custom filter, which allows users to query and export based on any database item o 1 Group to share access with staff to the web application • 1 Operations Dashboard application for executives and supervisors to view indicators and locations of violation reports o 1 web map o 1 web application o 1 Group to share access with staff to the web application • 1 Code Violation feature class o Attributes Parcel ID • NOTE: Parcel ID will be populated after the end user saves the record and will be available the next time the user clicks on that feature. ■ Violation Type (Domain) ■ Comments ■ Reporter Type (Domain) ■ Name • Phone • Email • Status (Domain) ■ Date Received • Staff Name • Zoned • Code Section(s) Violated • Notes • CreatedDate (EditorTracking) ■ LastUpdated (EditorTracking) o Photo Attachments o 1 process to automatically populate Parcel ID attribute based on location • 1 CodeViolationlnspection table (related to the Code Violation feature class) o Attributes ■ Inspector Name Page 297 of 356 4 ■ Party Cooperation (Domain) ■ Notes ■ CreateDate (EditorTracking) ■ LastUpdated (EditorTracking) o Photo Attachments • Email notifications o A single email will be sent to a set of users when a new violation is reported o Email will contain Date Received, Type and Comments • Additional Functionality 1. Auto generate a case number on the SQL backend • User would not see this instantaneously in the field 2. Include a notes text box that only certain people can edit i. Would be a single text box ii. Notes text box would only be available to be edited from people that have access to the Collector Solution or Crowdsource manager application 3. Manually enter an address i. Multiple address fields in the attribute table would be configured: Street Name, street number and House number. The City would maintain a domain for the street name 4. Determine criteria for when points on the map change color or disappear • City will need to provide criteria prior to configuration of the solution 5. Search for historical data: Common searches: Case #, PIN or Address or search on the map. 6. Letters: User would mark case as needing a letter in collector, and then click a button in the office solution to Print the letters marked. Once printed the "needs letter" field would be disabled • Demonstrations o PWA will provide up to 2 online demonstrations of the solution during development o Once the draft solution is accepted, PWA will update the changes and the City can review the final version • Documentation o Processes running Auto populate PINs Email notification o Location of mxd files, web maps, map services and solutions o Basic troubleshooting • Training o End users: this training will be completed by City staff, not PWA o Solution administration: 2 hours ■ The City will manage the solution upon completion of the training The project will be completed after training is completed. If additional support is needed, after completion, PWA will provide at current, hourly rates. Page 298 of 356 IN "Fs Project Completion: The project will be completed when the training and documentation has been delivered. The City will maintain the solution when the project is completed. Post Project Support PWA understands that support requests and/or general support inquiries will occur after the project is completed. We welcome those inquiries and look forward to supporting you in the future! Below are common inquiries related to general support requests. 1. If there are issues with the deliverables or if clarification is needed regarding the deliverables, contact the PWA Project Manager listed in this scope. 2. If the PWA Project Manager is contacted, after the project is completed, you may be invoiced for that call or email. The PM will discuss invoicing needs during the call. If you contact anyone other than the PWA Project Manager, after the project is completed, an invoice will be sent based on current hourly rates. 3. If the Project Manager is contacted after the project is completed, they are not available to respond, and the need is urgent i"ie'„” tyre Pr :„`er t.1 ; r) .r is on 'Magi aa workshop); contact PWA's main office number for assistance: 320-207-6868 or follow directions listed on the Project Managers out of office reply (if email is used). a. There may be an invoice sent for the support request based on current hourly rates if Technical staff are contacted directly. The PWA Project Manager will follow up when they are available to discuss invoicing. 4. PWA asks that both the PWA Project Manager and the Technical person be copied on emails to ensure prompt service and clarification on needs and any additional fees. If at any time there is a question about an invoice or support need, contact the PWA Project Manager. 5. If there are general questions about any topic related to GIS and/or PWA Services, contact the PWA Project Manager listed in this scope. You may be invoiced for that call or email. The PM will discuss invoicing needs on the call. 1. Stakeholders are not identified at the beginning of the project 5 Page 299 of 356 CIO a. Mitigation: City and PWA will identify stakeholders at the project kick off. If changes in stakeholders occur, they will be communicated to the stakeholders immediately to eliminate and/or minimize timeline and budget changes. 2. Stakeholders change throughout the project a. Mitigation: Maintain the same project stakeholders throughout the project. If stakeholders do change, it is the client's responsibility to communicate the purpose of the project to the new stakeholder or for PWA to communicate changes to the client. If the project changes due to a change in stakeholders, additional charges may apply and the timeline may be affected. 3. Feedback. Various tasks will be completed throughout the project. It is the responsibility of project stakeholders to ensure that feedback is provided per the timelines agreed upon. a. Mitigation: communicate feedback/task delays to project stakeholders immediately. Project budget and/or timelines may be affected by delays Without the Letter Printing Integration: With Letter Printing Integration: $4914.78 $8874.14 Invoicing Schedule: PWA will invoice monthly based on a time and materials basis. Detailed project reports will be included. If the scope, objectives, or timeline change significantly before the project is completed, we will agree to discuss any necessary modifications to our agreed-upon fee or to the scope, objectives, or timeline of the project. * Payment is due within 45 days of an invoice date. If payments are not received within 45 days of the invoice date, a late fee of 1.5% of the invoice amount will be charged for each 45 day cycle that the payment is late. ** 3% convenience fee will be added for payment by credit card To proceed with the described services in this estimate, please sign and date below and return to the Project Manager listed above. CLIENT Pro -West & Associates Acceptance Signature: Signature: 6 Date: Date: Page 300 of 356 Estimate valid for 90 days 7 Page 301 of 356 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of $16,086.20 for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date 1^ nn ineen•nnn ; Knutson, Jamie Approved 10/1/2019 ... 11 :54 /.M irk Office truce ^;ven p:.eAnil Approved 10/2/2619 ... 11 03 AM ATTACHMENTS: Description Type ant 958......f Vrnani Qty ° u,Vrn"Jirn`JI.a y (.17ovG:"ii Memo ('ant 958.....)ifin.QtySummary2 Cover Memo SUBJECT: Submitted by: Summary Statement: Source of Funds: Motion approving Final Quantity Summary for a net decrease of $16,086.20 for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a decrease to the total project cost. Property Owner Assessments Page 302 of 356 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2019 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 8 CONTRACT NO. 958 Date Prepared: July 18, 2019 AMOUNT: $16,086.20 DECREASE TO: B & B BUILDERS & SUPPLY , Contractor You are hereby ordered to perform the following extra work on your contract dated October 8, 2018. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As -built quantities varied for some bid items C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL DECREASE $16,086.20 BY: B & B BUILDERS & SUPPLY Mayor ATTEST: Date CONTRACTOR City Clerk BY: TITLE: Date Date APPROVED: City Engineer Date Final Quantity Adjustment Cont #958 SheePa03O32of 356 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) FY 2018 Sidewalk Repair Assessment Program - Zone 8 Contract No. 958 FINAL Period: Bid Item Bid Item Description Units Original Bid Quantity Final Quantity Quantity Difference B & B Unit Price B & B Unit Price Extended Increase / Decrease 1 Remove & Replace PCC Sidewalk, 4" SF 18,040.3 17,121.20 -919.1 $ 8.50 $ 145,530.20 $ (7,812.35) 2 Remove & Replace PCC Sidewalk, 5" SF 2,703.0 2,153.50 -549.5 $ 9.25 $ 19,919.88 $ (5,082.88) 3 Remove & Replace PCC Sidewalk, 6" SF 846.9 765.20 -81.7 $ 10.25 $ 7,843.30 $ (837.42) 4 Remove & Replace PCC Sidewalk, Class "A" SF 453.2 352.90 -100.3 $ 12.50 $ 4,411.25 $ (1,253.75) 5 Patch EACH 13.0 10.0 -3.0 $ 150.00 $ 1,500.00 $ (450.00) 6 Clean Sidewalk EACH 3.0 3.0 0.0 $ 375.00 $ 1,125.00 $ - 7 Water Valve Adjustment EACH 34.0 35.0 1.0 $ 175.00 $ 6,125.00 $ 175.00 8 Gas Valve Adjustment EACH 1.0 1.0 0.0 $ 250.00 $ 250.00 $ - 9 Saw Cut LF 69.2 0.0 -69.2 $ 6.50 $ - $ (449.80) 10 Drainage Plate Repair EACH 2.0 2.0 0.0 $ 400.00 $ 800.00 $ - 11 Trim Trees/Shrubs EACH 8.0 7.0 -1.0 $ 375.00 $ 2,625.00 $ (375.00) BID ITEMS TOTAL $ 19%129.63 $ (16,086.20); PAYMENTS: TOTAL TOTAL PAY ESTIMATE #1 - 10/30/2018 $ 45,160.93 PAY ESTIMATE #2 - 11/16/2018 $ 18,147.36 PAY ESTIMATE #3 - 5/28/2019 $ 30,223.22 PAY ESTIMATE #4 - 6/24/2019 $ 77,761.54 PAY ESTIMATE #5 - 7/8/2019 $ 9,330.09 RETAINAGE $ 9,506.49 TOTAL PAYMENTS $ 190,129.63 CHANGE ORDERS: TOTAL NO CHANGE ORDER ITEMS FOR THIS CONTRACT $ - CHANGE ORDER TOTAL $ - ORIGINAL CONTRACT AMOUNT $ 206,215.83 FINAL QUANTITY SUMMARY $ (16,086.20) FINAL CONTRACT AMOUNT $ 190,129.63 FINAL QTY. ADJ. Cont. #958 Page 343l056 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) CITY OF WATERLOO Council Communication Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of $190,129.63, for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and receive and file two-year maintenance bond. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date Engineering <ieantz, Dennnnis /approved 10/7/2019... ll0:I AM (.`Ilei]_ Office Elven, lifeA„nro Approved I0/2/:2019 ... I I:04 AM ATTACHMENTS: Description Type D ('o 958.. iinne Bonnd t:'ovanii Memo SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving completion of project and recommendation of acceptance of work, for work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of $190,129.63, for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and receive and file two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer B & B Builders and Supply has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Property Owner Assessments Page 305 of 356 M ERCHANTS BONDING COMPANY , Merchants Bonding Company (Mutual) Pl}.Box 14498.DES MOINES, IOWA 30306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No IAC588467 That B & B Builders & Supply of 5728 Sierra Drive, Waterloo, IA 50701 as PrinciN1emhantaBondingCompany(Mutuu|) as Surety are held and firmly bound unto the City of Waterloo City of Waterloo in the penal sum of One Hundred Ninety Thousand One Hundred Twenty Nine Dollars and 63/1 00 ($18O120.83 DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Suretbind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 24th day of September , 2019 WHEREAS, the Principal entered into a certain contract, datd the with the Chy�Wu�doo 715 Mulberry . reet, Waterloo, IA 50703 day of to furnish all the material and labor necessary for the construction of F.Y. 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958 in conformity with certain specifications; and VVHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanshior materials that may develop in said work within a period of two (2) years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and If not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants Bonding Company (Mutual) for valuable onnsiderodnn, has agreed to join with said Principal in such bond or guarantee, indemnifying said City ofVVatadoo as are|d' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and saponse, remedy any and all defects that may develop in said work, within the period of two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said pedod, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted. Any obligation beyond this shall be that of only the Principal. Approved By CON 0304 (2/15) B & B Builders & Supply Principal 11,44. 711:? - By Merchantit nd�gCo"n���|��h�i �Bv &' ~ -"-.' . "'`-'� - -''^ Yf~/ - `u� .*unmoey'm-�au ,. ..� ^..^ .MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, [NC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Abigail R. Mohr their true and lawful Attorney -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Surety Bond #: IAC588467 Principal: B & B Builders & Supply Obiigee: City of Waterloo This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations In favor of the Florida Department of Transportation only, it Is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 24th day of September, 2019. STATE OF IOWA COUNTY OF DALLAS ss. On this this 24thday of September 2019 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and seated in behalf of the Companies by authority of their respective Boards of Directors. .•.... •�'Z` (TM; • J 4 1933 ;•�: • �C' Y• By MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. ALICIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, t have hereunto set my hand and affixed the seal of the Companies on this 24th day of September, 2019. ...`• 0 rYr••`f'• ti•�C+ �cci.2: :zr? -0-• v:d1.: v:, 2003 :;c POA 0018 (3117) '•tan...•••. Secretary Page 307 of 356 CITY OF WATERLOO Council Communication Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and instruct City Clerk to publish said notice. City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department Reviewer Action Date Engineering <ientz, Dennis Approved. 10/7/20 p 9 .. ll 0:0 nM Q.`Ilen'k_ Office Even, If eA..nro Approved SUBJECT: 1.0/2/201.9 P M Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Transmitted herewith are the final schedule of assessments, abandonment schedule, final plats and breakdown of project costs for the F.Y. 2019 Sidewalk Repair Assessment Program— Zone 8, Contract No. 958, which is bounded by: US Hwy 63 — Campbell Ave — Williston Ave — Baltimore St — Ridgeway Ave - US Hwy 63 Page 308 of 356 CITY OF WATERLOO Council Communication Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa, in the amount of $641,372.86, and approving the bonds and certificate of insurance for the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Reviewer Action Date .gineering .K/.n:utson, Jamie .Approved. 10/1./201.9 -1.1.:30 .M �plee p^;venq p:.ehnnn Approved..0/1,/26p.9... 12:51 PM SUBJECT: Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa, in the amount of $641,372.86, and approving the bonds and certificate of insurance for the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Property Owner Assessments Page 309 of 356 CITY OF WATERLOO Council Communication An ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958 City Council Meeting: 10/7/2019 Prepared: 10/2/2019 REVIEWERS: Department gdneen nni Cie ATTACHMENTS: Description D rd➢na o SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer (denrotz, f)enrd Even, LeAnnn Action Approved Approved Type Date 110/2/2 ... 110/2/20 I 9 3 AM 7 9 C1� Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Wayne Castle, PLS, PE, Associate Engineer It is recommended these grades be adopted to comply with the State Code of Iowa so that the sidewalk assessment program can continue in a timely manner. This is being submitted for Council approval as advised by the bonding attorneys. As per Section 384.39 of the State Code of Iowa, official grades shall be adopted for assessment purposes. Page 310 of 356 ORDINANCE NO. AN ORDINANCE ESTABLISHING GRADES FOR THE F.Y. 2019 SIDEWALK INSPECTION AND REPAIR PROGRAM—ZONE 8, CONTRACT NO. 958, IN THE CITY OF WATERLOO, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: SECTION 1. BASE OF LEVELS: Bench Marks. That the base of levels or bench marks establishing the grades of all paved streets within the corporate limits of the City of Waterloo, Iowa, shall be indicated by permanent points from U.S.G.S. monuments at the following locations: USGS 1" Brass Plug USGS Disk #38 1934 USGS Disk #2 1933 USGS Disk USGS 635 Br. Cap USGS #117 JSC 965 USGS Mon TT2 USGS Mon USGS Conc. Mon USGS Mon 1610 USGS #L-11 1933 USGS Brass Plug Kimball (Center Headwall Culvert) Hackett (500' NW along RR tracks) 4th W. (Set in post SW cor of bldg) 18th (SW cor SW bridge) 18th (NE cor bridge over Cedar) Ansborough (West ROW) Wagner Rd. (80' N of Stoddard Mfg) Wagner Rd (NW cor bridge Sta. 75+50) Wagner Rd (NW cor bridge Sta. 60+75) Tammi Terrace (235' NW pl NW Lot) Shaulis (36' North) Nevada (End of flood wall) & San Marnan (@ 200' East) & Hackett (Post 46' SW or SW Rail) & South & 18th (SW cor SW bridge) & 18th (NE cor bridge over Cedar) & Shaulis (301' S. of Cl) & Wagner Rd (80' N of Stoddard Mfg) & Wagner Rd (NW cor bridge Sta. 75+50) & Wagner Rd (NW cor bridge Sta. 60+75) & San Marnan (NW pl NW Lot) & Section 9-89-13 (46' E. E1/4 Cor) & Nevada (W. of National By -Prod) All Bench Marks elevations are by mean sea level elevation. 906.05 849.85 866.55 847.08 847.54 964.39 861.10 868.08 869.55 933.81 861.35 849.74 Section 2. STREET GRADES. All grades established by this ordinance or that may be established hereafter, shall be calculated from the bench marks established by Section One of this Ordinance and shall be calculated on the Centerline of the streets on which they are established. Section 3. GUTTERLINE GRADE. The gutterline grade of all streets with curbs and gutters shall be calculated at two percent (2%) slope below the Centerline grade, except in cases where, by reason of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such as elevation below the Centerline grade. Section 4. SIDEWALK GRADE. The grade of all permanent sidewalks shall, unless some special grade be established by ordinance, conform to the established grade of that part of the street upon which they are located and shall be elevated above such established gutterline grade one foot (1'), except in cases where, by reasons of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such an elevation above the established gutterline grade. Section 5. GRADES FOR STREETS. The grades for streets and sidewalks have been calculated and shall be in one of three divisions as follows: STREET W. 4th St. Arden St. Arden St. DIVISION I -- IMPROVED STREETS (Street grades with existing ordinance number.) FROM TO Marsh St. Moir St. Clough St. Ridgeway Ave. W. 4th St. Moir St. -1- ORD# DATE VOL PAGE 4195 04/24/1997 324 912 4195 04/24/1997 324 912 3967 08/23/1993 308 579 Page 311 of 356 STREET FROM TO ORD. # DATE VOL PAGE Baltimore St. Eureka St. Mitchell Ave. 4932 04/17/2009 2009 19516 Baltimore St. Williston Ave. Eureka St. 4038 09/12/1994 313 34 Baltimore St. Mitchell Ave. 100' south of Cornwall Ave. 1012 07/23/1923 2 92 Baltimore St. Cornwall Ave. Ridgeway Ave. 1911 11/25/1952 3 311 Bayard St. Bertch Ave. Forest Ave. 4932 04/17/2009 2009 19516 Bertch Ave. Kimball Ave. W. 9th St. 2602 07/24/1974 4 731 Bourland Ave. Bolton St. dead end 4195 04/24/1997 324 912 Byrnes Dr. W. 4th St. Prospect Blvd. 4195 04/24/1997 324 912 Byron Ave. Kimball Ave. Bayard St. 2007 05/24/1955 3 499 Campbell Ave. W. 4th St. Vernon Ave. 5144 04/09/2013 2013 20995 Casper Ave. Upland Dr. Ansborough Ave. 4195 04/24/1997 324 912 Clough St. Summit Ave. W. 4th St. 5144 04/09/2013 2013 20995 Columbia Cir. NW cor lot 172 Kingbard Add. SE cor lot 152 857 02/28/1919 1 560 Columbia Cir. Euclid Ave. Lawnhill Ave. 4195 04/24/1997 324 912 Columbia Cir. Elston Ave Kingbard Blvd. 4195 04/24/1997 324 912 Delane Ave. Pioneer Rd. Devonshire Dr. 4932 12/01/2008 2009 19516 Denver St. Hawthorne Ave. Bertch Ave. 2212 04/18/1961 3 928 Devonshire Dr. Ansborough Ave. Delane Ave. 4195 04/24/1997 324 912 Elston Ave. Fletcher Ave. Columbia Cir. 4195 04/24/1997 324 912 Fairway Ln. Meadowbrook Ln. Upland Dr. 4195 04/24/1997 324 912 Fletcher Ave. Campbell Ave. W. 4th St. 1012 07/23/1923 2 92 Forest Ave. Kimball Ave. Bayard St. 1611 09/08/1941 2 672 Gloria Dr. Martin Rd. Jane St. 4195 04/24/1997 324 912 Hawthorne Ave. Kimball Ave. Bertch Ave. 4195 04/24/1997 324 912 Hubbard Ave. Elston Ave. Sunset Rd. 4195 04/24/1997 324 912 Jane St east end west end 4195 04/24/1997 324 912 Kenilworth Rd. Byrnes Dr. Derbyshire Rd. 4195 04/24/1997 324 912 Kent Cir. Ridgeview Ct. dead end 4195 04/24/1997 324 912 Kimball Ave. Bertch Ave. Hawthorne Ave. 4195 04/24/1997 324 912 Kimball Ave. So. line of Brown Hall Add. Ridgeway Ave. 1012 07/23/1923 2 92 Kimball Ave. Cornwall Ave. Mitchell Ave. 1917 01/27/1953 3 320 Kimball Ave. Ridgeway Ave. Terrace Dr. 2007 05/24/1955 3 499 Kingbard Blvd. W. 4th St. Columbia Cir. 4195 04/24/1997 324 912 Kingbard Ave. north cor lot 172 Fletcher Ave. 901 01/14/1918 1 650 Marsh Ave. Campbell Ave. W. 4th St. 4195 04/24/1997 324 912 Maryland Ave. Graceline Blvd. Kimball Ave. 4932 12/01/2008 2009 19516 Mitchell Ave. Baltimore St. Derbyshire Rd. 1764 07/12/1948 3 11 Moir St. Campbell Ave. Arden St. 4932 12/01/2008 2009 19516 Morgan St. Kimball Ave. Gray St. 1917 01/27/1953 3 320 Prospect Blvd. Berkshire Rd. W. 4th St. (N & S bound) 4195 04/24/1997 324 912 W. Ridgeway Ave. W. 4th St. Sheridan Rd. 2212 04/18/1961 3 928 Sunset Rd. Prospect Blvd. Sheridan Rd. 4195 04/24/1997 324 912 Upland Dr. Westview Ave. Fairway Ln. 2508 07/21/1969 4 555 Vermont St. Carolina Ave. Williston Ave. 2212 04/18/1961 3 928 Williston Ave. W 4th St. W. 6th St. 3769 02/18/1991 294 849 DIVISION II -- IMPROVED STREETS (Street grades established subject to Council approval.) ACADIA STREET — Kimball Avenue to Gray Street (100 Block) Centerline Elevation Sta. 10+00.00 — PTR Acadia Street Sta. 10+75.00 — VPI Sta. 11+50.00 — VPI Sta. 13+50.00 — VPI Sta. 15+15.00 — VPC Sta. 15+40.00 — VPI Sta. 15+65.00 — VPT 948.97 947.00 944.55 938.80 934.19 933.70 933.62 ANSBOROUGH AVENUE — San Marnan Drive to University Avenue (1200-3900 Block) Centerline Elevation Sta. 7+49.81 — Centerline San Marnan Drive Sta. 8+99.81 — Meet existing San Marnan Drive Sta. 9+85.00 — VPC -2- 932.84 931.08 Page 312 of 356 Sta. 10+85.00 - VPI Sta. 11+85.00 -VPT Sta. 12+32.20 - Centerline Home Plaza Sta. 12+65.00 - VPC Sta. 13+65.00 - VPI Sta. 14+65.00 - VPT Sta. 15+75.00 - VPC Sta. 17+50.00 - VPI Sta. 17+78.04 - Centerline Olympic Drive Sta. 19+25.00 - VPT Sta. 21+00.00 - VPC Sta. 21+50.00 - VPI Sta. 22+00.00 - VPT Sta. 24+00.00 - VPC Sta. 24+50.00 - VPI Sta. 25+00.00 - VPT Sta. 27+50.00 - VPC Sta. 28+00.00 - VPI Sta. 28+07.78 - Centerline Ridgemont Road Sta. 28+50.00 - VPT Sta. 34+05.00 - VPC Sta. 34+80.00 - VPI Sta. 35+55.00 - VPT Sta. 37+05.00 - VPC Ste. 38+05.00 - VPI Sta. 38+56.81 - Centerline Meadow Lane Sta. 39+05.00 - VPT Sta. 39+75.00 - VPC Sta. 40+25.00 - VPI Sta. 40+75.00 - VPT Sta. 41+90.00 - VPC Sta. 42+90.00 - VPI Sta. 43+90.00 - VPT Sta. 44+90.00 - VPC Sta. 46+10.00 - VPI Sta. 47+30.00 - VPT / VPC Sta. 47+66.57 - Centerline Dixon Drive Sta. 49+20.00 - VPI Sta. 49+99.28 - Centerline Ridgeway Avenue Sta. 51+10.00 - VPT Sta. 51+95.00 - VPC Sta. 53+95.00 - VPI Sta. 55+95.00 - VPT Sta. 56+31.25 - VPC Sta. 57+86.25 - VPI Sta. 59+41.25 - VPT Sta. 60+75.00 - VPC Sta. 61+25.00 - VPI Sta. 61+75.00 - VPT Sta. 62+00.00 - VPC Sta. 62+93.44 - Centerline W. 4th Street Sta. 63+50.00 - VPI Ste. 65+00.00 - VPT Sta. 65+80.00 - VPC Sta. 66+47.94 BK = Sta. 66+47.72 AH Sta. 68+20.00 - VPI Sta. 69+43.90 - Centerline Devonshire Drive Sta. 70+60.00 - VPT Sta. 70+90.00 - VPC Sta. 72+80.00 - VPI Sta. 72+90.65 - Centerline Byrnbrae Street Sta. 74+70.00 - VPT Sta. 74+85.00 - VPC Sta. 75+40.00 - VPI Sta. 75+95.00 - VPT Sta. 76+46.68 - Centerline Martin Road Sta. 76+75.00 - VPC Sta. 78+25.00 - VPI Sta. 79+75.00 - VPT Sta. 80+65.52 BK = Sta. 80+64.85 AH Sta. 80+95.00 - VPC Sta. 82+45.00 - VPI Sta. 83+95.00 - VPT Sta. 85+37.86 - Centerline Upland Drive Sta. 88+90.00 - VPC -3- 929.71 929.72 930.05 930.28 931.72 934.67 938.74 943.25 943.60 943.83 942.45 940.09 941.73 940.45 939.98 939.21 934.61 933.60 933.42 932.39 917.96 916.76 914.97 912.89 912.19 912.35 912.83 913.75 914.56 915.66 918.54 920.27 920.47 919.90 919.74 921.32 922.00 922.41 921.19 917.88 914.91 910.52 913.68 914.91 918.17 917.46 915.13 914.43 913.96 913.79 912.74 911.15 905.27 901.27 898.26 894.04 894.03 896.35 897.23 899.84 899.81 896.47 895.96 894.36 893.22 892.37 891.31 888.20 882.01 877.52 876.03 870.01 866.80 865.09 857.86 Page 313 of 356 Sta. 90+15.00 - VPI Sta. 91+40.00 -VPT Sta. 92+25.00 - VPC Sta. 93+00.00 - VPI Sta. 93+75.00 - VPT Sta. 94+75.00 - VPC Sta. 95+35.00 - VPI Sta. 95+95.00 - VPT Sta. 96+00.00 - VPC Sta. 96+38.33 - Centerline Carrington Avenue Sta. 97+25.00 - VPI Sta. 98+50.00 - VPT Sta. 98+90.00 - VPI Sta. 99+89.20 - Meet existing Sergeant Road Sta. 100+99.34 - Meet existing Sergeant Road Sta. 103+34.41 BK = Sta. 103+33.12 AH Sta. 104+75.00 - VPC Sta. 105+25.00 - VPI Sta. 105+75.00 - VPT Sta. 107+20.00 - VPC Sta. 108+70.00 - VPI Sta. 109+44.60 - Centerline Campbell Avenue Sta. 110+20.00 - VPT Sta. 113+54.00 - VPC Sta. 114+54.00 - VPI Sta. 115+54.00 - VPT Sta. 117+81.61 - VPC Sta. 119+31.61 - VPI Sta. 120+81.61 - VPT Sta. 128+35.00 - VPC Sta. 129+35.00 - VPI Sta. 130+35.00 - VPT Sta. 132+85.00 - VPC Sta. 134+10.00 - VPI Sta. 135+35.00 - VPT Sta. 135+36.04 - Centerline Black Hawk Road Sta. 137+25.00 - VPC Sta. 137+75.00 - VPI Sta. 138+25.00 - VPT Sta. 138+95.00 - VPC Sta. 138+95.15 BK = 138+93.64 AH Sta. 139+75.00 - VPI Sta. 140+55.00 - VPT / VPC Sta. 141+15.00 - VPI Sta. 141+75.00 - VPT Sta. 142+40.00 - VPC Sta. 142+51.15 - Centerline Downing Avenue Sta. 143+00.00 - VPI Sta. 143+60.00 - VPI Sta. 144+35.00 - VPC Sta. 144+75.00 - VPI Sta. 145+15.00 - VPT / VPC Sta. 145+55.00 - VPI Sta. 145+95.00 - VPT / VPC Sta. 146+40.00 - VPI Sta. 146+85.00 - VPT Sta. 146+91.00 - Meet existing University Avenue 859.89 859.99 860.41 860.56 860.25 859.53 858.93 858.01 857.68 857.09 856.50 857.46 858.11 860.59 860.41 856.50 854.14 853.45 853.05 852.29 852.63 853.65 855.25 863.59 865.61 866.67 867.99 868.43 866.67 863.62 862.48 860.21 853.16 850.70 850.35 850.52 851.98 851.84 852.52 853.67 853.91 854.72 854.37 854.09 854.40 855.05 855.15 855.43 855.35 855.17 855.07 855.17 855.07 854.97 854.93 855.26 855.33 BRUCE LANE- Cul-de-sac to Delane Avenue (100 Block) Centerline Elevation Sta. 10+00.00 - Center Cul-de-sac Sta. 10+75.00 - VPI Sta. 11+25.00 - VPI Sta. 12+60.00 - Centerline Delane Avenue 121.86 119.61 118.61 117.28 DELANE AVENUE - Devonshire Drive to Kate Street (2500-2700 Block) Centerline Elevation Sta. 14+05.74 - centerline Devonshire Drive Sta. 16+15.57 - centerline Bruce Lane Sta. 18+25.57 - centerline Pioneer Road Sta. 19+67.15 - VPI Sta. 20+00.00 - centerline Kate Street -4- 118.54 117.07 116.02 115.17 114.99 Page 314 of 356 DENVER STREET - Bertch Avenue to Williston Avenue (800 Block) Centerline Elevation Sta. 10+00.00 - centerline Bertch Avenue 867.59 Sta. 12+60.73 - centerline Williston Avenue 872.80 DENVER STREET - Bertch Avenue to Hawthorne Avenue (900 - 1000 Block) Centerline Elevation Sta. 0+00.00 - centerline Hawthorne Avenue Sta. 0+35.50 - PTR Hawthorne Avenue Sta. 1+00.00 - VPC Sta. 1+30.00 - VPI Sta. 1+60.00 - VPT Sta. 3+31.12 - centerline Forest Avenue Sta. 3+61.12 - VPI Sta. 4+20.00 - VPC Sta. 4+50.00 - VPI Sta. 4+80.00 - VPT Sta. 6+28.62 - PTR Bertch Avenue 126.47 126.15 125.87 125.35 121.62 120.95 119.41 118.78 118.47 117.73 EASTON AVENUE - Kimball Avenue to Sioux Street (100 - 200 Block) Centerline Elevation Ste. 0+00.00 - centerline Kimball Avenue Sta. 0+40.50 - PTR Sta. 0+50.00 - VPC Sta. 1+30.00 - VPI Sta. 1+60.00 - VPT Sta. 3+31.12 - centerline Gray Street Sta. 3+61.12 - VPC Sta. 4+20.00 - VPI Sta. 4+50.00 - VPT Sta. 4+80.00 - centerline Sioux Street 947.21 947.08 944.97 941.39 932.73 931.02 928.58 927.14 926.39 GUERNSEY COURT - Mitchell Avenue to Bourland Avenue (1600 Block) Centerline Elevation Sta. 0+00.00 - centerline Mitchell Avenue Sta. 0+35.00 - VPC Sta. 0+60.00 - VPI Sta. 0+85.00 - VPT Sta. 1+75.00 - VPC Sta. 2+25.00 - VPI Sta. 2+75.00 - VPT Sta. 3+30.00 - centerline Bourland Avenue 169.77 170.24 170.99 174.20 175.65 176.38 176.80 DIVISION III -UNIMPROVED STREETS (Unimproved streets with sidewalk grades established subject to Council approval.) ARIZONA STREET (500 Block) Elevations at back of sidewalk SIDEWALK ELEVATIONS Station West Side East Side Sta. 0+00 - centerline Madison Street n/a n/a Sta. 0+33.66 865.76 n/a Sta. 0+46.12 n/a 865.56 Sta. 1+60.76 869.23 n/a Sta. 1+63.04 n/a 868.78 Sta. 1+74.66 869.31 n/a Sta. 1+75.91 n/a 868.77 Sta. 3+03.36 870.14 n/a Sta. 3+04.49 n/a 869.67 Sta. 3+33.81 - centerline Independence Avenue n/a n/a COLORADO STREET (400 Block) Elevations at back of sidewalk Station -5- SIDEWALK ELEVATIONS West Side East Side Page 315 of 356 Sta. 0+00.00 - centerline Eighmey Street n/a n/a Sta. 0+26.90 841.74 n/a Sta. 0+67.06 841.66 n/a Sta. 1+20.33 841.76 n/a Sta. 1+77.89 841.95 n/a Sta. 1+86.04 841.96 n/a Sta. 2+17.33 842.09 n/a Sta. 2+55.01 841.82 n/a Sta. 2+63.56 842.29 n/a Sta. 3+02.55 842.32 n/a Sta. 3+34.04 842.62 n/a Sta. 4+08.47 843.25 n/a Sta. 4+37.02 - centerline Lafayette Street COTTAGE GROVE AVENUE (100 Block) Elevations at back of sidewalk SIDEWALK ELEVATIONS Station North Side South Side Sta. 0+00.00 - centerline State Street n/a n/a Sta. 0+28.07 844.56 844.60 Sta. 1+30.37 844.63 n/a Sta. 1+32.34 n/a 844.53 Sta. 1+79.26 n/a 844.82 Ste. 1+79.60 844.85 n/a Sta. 2+29.85 845.02 n/a Sta. 2+32.14 n/a 844.82 Sta. 2+78.89 n/a 844.83 Sta. 2+79.18 845.09 n/a Sta. 3+30.39 844.66 n/a Sta. 3+30.52 n/a 844.87 Sta. 3+58.97 - centerline Nevada Street COURTLAND STREET (100-300 Block) Elevations at back of sidewalk SIDEWALK ELEVATIONS Station North Side South Side Sta. 0+00.00 - centerline Franklin Street Sta. 0+37.73 842.02 n/a Sta. 0+38.41 n/a 842.48 Sta. 0+98.34 n/a 842.52 Sta. 1+15.19 842.92 n/a Sta. 1+41.84 n/a 842.78 Sta. 1+43.57 843.20 n/a Sta. 2+01.33 n/a 843.09 Sta. 2+01.70 843.41 n/a Sta. 2+62.00 843.91 n/a Sta. 2+62.86 n/a 843.64 Sta. 3+09.76 n/a 843.84 Sta. 3+09.82 844.49 n/a Ste. 3+84.55 843.95 n/a Ste. 3+84.77 n/a 843.97 Sta. 4+12.86 - centerline Irving Street Sta. 4+42.17 844.27 n/a Sta. 4+42.72 n/a 844.19 Sta.5+11.33 845.18 n/a Sta. 5+12.32 n/a 844.83 Sta. 5+98.28 845.31 n/a Sta. 5+99.34 n/a 844.98 Sta. 6+50.01 n/a 845.14 Sta. 6+50.70 845.37 n/a Sta. 7+45.58 n/a 845.11 Sta. 7+45.70 845.23 n/a Sta. 7+75.49 - centerline Lane Street Sta. 8+03.11 845.24 n/a Sta. 8+03.72 n/a 845.33 Sta. 8+64.21 n/a 845.67 Sta. 8+65.20 845.68 n/a Sta. 9+95.91 845.81 n/a Sta. 9+96.71 n/a 845.99 Sta. 11+07.02 845.65 n/a Sta. 11+07.28 n/a 845.19 Sta. 11+35.73 - centerline Elm Street -6- Page 316 of 356 LINDEN AVENUE (600-700 Block) Elevations at back of sidewalk SIDEWALK ELEVATIONS Station West Side East Side Sta. 0+28.49 - centerline Fowler Street Sta. 0+57.24 n/a 842.96 Sta. 0+57.68 843.18 n/a Sta. 1+99.42 844.22 n/a Sta. 1+99.52 n/a 844.18 Sta. 3+82.57 845.74 n/a Sta. 3+83.10 n/a 845.65 Sta. 4+27.22 n/a 846.25 Sta. 4+27.86 846.91 n/a Sta. 4+83.81 845.95 n/a Sta. 4+84.13 n/a 846.50 Sta. 6+57.83 846.42 n/a Sta. 6+59.26 n/a 846.76 Sta, 6+64.44 - north end of pavement STATE STREET (100-300 Block) Elevations at back of sidewalk SIDEWALK ELEVATIONS Station West Side East Side Sta. 0+09.23 n/a 843.60 Sta. 0+11.02 - north gutter line Lafayette Street Sta. 0+42.95 843.44 n/a Sta. 1+31.41 844.41 n/a Sta. 1+32.06 n/a 844.50 Sta. 1+92.00 844.38 n/a Sta. 1+92.18 n/a 844.47 Sta. 2+07.88 844.53 n/a Sta. 2+19.74 844.63 n/a Sta. 2+32.64 844.44 n/a Sta. 2+50.20 n/a 844.56 Sta. 2+50.87 844.60 n/a Sta. 3+42.06 844.62 n/a Sta. 3+43.05 n/a 844.78 Sta. 4+06.85 844.74 n/a Sta. 4+07.12 n/a 844.73 Sta. 5+52.31 n/a 845.08 Sta. 5+53.18 844.90 n/a Sta. 5+82.21 - centerline Butler Avenue Sta. 6+09.68 845.19 n/a Sta. 6+09.86 n/a 844.96 Sta. 7+10.63 n/a 845.56 Sta. 7+10.95 845.14 n/a Sta. 7+65.74 845.28 n/a Sta. 7+67.02 n/a 845.31 Sta. 9+12.24 845.52 n/a Sta. 9+12.42 n/a 845.48 Sta. 9+41.30 - centerline Archer Avenue -7- Page 317 of 356 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions. City Council Meeting: 10/7/2019 Prepared: 7/17/2019 ATTACHMENTS: Description Type D Ordinance as proposed Backup Material D criminal record ord. employment, 8-20-19 redline,. Backup Material D Ordinance rn k 4 r Schmid Fiqiickup MatieriiM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Motion to receive, file and consider, and pass for the third time and adopt an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions. Submitted By: Abraham L. Funchess, Jr., Human Rights Director Approve the Fair Chance Initiative. This ordinance is recommended for both public and private employers. In the absence of this kind of ordinance, employers "exclude candidates who have any sort of criminal record, which can include misdemeanors, arrests that did not result in a conviction, and convictions for crimes not relevant to the job..." $0 N/A N/A N/A This ordinance is recommended for both public and private employers. In the absence of this kind of ordinance, employers "exclude candidates who have any sort of criminal record, which can include misdemeanors, arrests that did not result in a conviction, and convictions for crimes not relevant to the job..." Page 318 of 356 [new section] 5-3-15: UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS: A. Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsection: 1. Applicant: Any person considered or who requests to be considered for employment by an employer. 2. Arrest: The taking of a person into custody when and in the manner authorized by law or military authority due to an accusation or suspicion that the person committed a crime. 3. Conviction: Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program. 4. Criminal record: Information regarding a conviction, arrest or pending criminal charge. 5. Employer: Any person, partnership, company, corporation, labor organization or association which regularly employs fifteen (15) or more persons within the City of Waterloo, including the City of Waterloo, its departments, boards, commissions and agencies. Job placement and referral agencies and other employment agencies are not employers for purposes of this ordinance, except when hiring for their own internal needs, and private schools providing a regular course of instruction for any part of kindergarten through high school education are not employers for purposes of this ordinance. Neither the United States or any of its political subdivisions, nor the State of Iowa or any of its political subdivisions other than the City of Waterloo, is an employer for purposes of this section. For clarity, public employers such as, but not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye Community College are political subdivisions of the State of Iowa and therefore exempt from this ordinance. 6. Employment: Any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. 7. Inquiry: Any direct or indirect conduct intended to gather information, using any mode of communication, including but not limited to a box or blank that seeks to elicit information about an applicant's criminal record on an employment application form. 8. Interview: Any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications. 9. Legitimate business reason: A reason for which an employer may make an adverse hiring decision based on an applicant's criminal record, including the following: a. Situations where the nature of the criminal conduct has a direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the intended employment, taking into consideration the following factors: the nature of the employment, the place and manner in which the employment will be performed, the nature and seriousness of the offense or conduct, whether the employment presents an opportunity for the commission of a similar offense or conduct, the length of time between the conviction or arrest and the application for employment (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of convictions or pending charges, and any verifiable information provided by the applicant that is related to the applicant's rehabilitation or good conduct. b. Situations where the granting of employment would involve unreasonable risk of substantial harm to property or to safety of individuals or the public, or to business reputation or business assets, taking into consideration the factors listed in paragraph a of this subsection A.9. c. Positions working with children, developmentally disabled persons and vulnerable adults where the applicant has a conviction record of a crime against children or disabled or vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest, prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment. Page 319 of 356 d. Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job. 10. Pending criminal charge: An existing accusation that a person has committed a crime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. B. Prohibited Use of Criminal Record Information: In connection with the employment of any person, it shall be an unlawful discriminatory practice for an employer to engage in any of the following activity: 1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. If the applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant. 2. To make an adverse hiring decision based solely on the applicant's record of arrests or pending criminal charges. 3. To make an adverse hiring decision based on any criminal records which have been lawfully erased or expunged, which are the subject of an executive pardon, or which were otherwise legally nullified. 4. To make an adverse hiring decision based on an applicant's criminal record without a legitimate business reason. C. Effect on Other Laws: This section shall not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment of an applicant. 2 Page 320 of 356 [new section] 5-3-153A: UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS: A. Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsection: 1. Applicant: Any person considered or who requests to be considered for employment by an employer. 2. Arrest: The taking of a person into custody when and in the manner authorized by law or military authority due to an accusation or suspicion that the person committed a crime. 3. Conviction: Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program. 4. Criminal record: Information regarding a conviction, arrest or pending criminal charge. 5. Employer: Any person, partnership, company, corporation, labor organization or association which regularly employs fifteen (15)# r ;4} or more persons within the City of Waterloo, including the City of Waterloo, its departments, boards, commissions and agencies. Employee - 'Job placement and referral agencies and other employment agencies are not employers for purposes of this ordinance, except when hiring for their own internal needs, and private schools providing a regular course of instruction for any part of kindergarten through high school education are not employers for purposes of this ordinance. Neither the United States or any of its political subdivisions, nor the State of Iowa or any of its political subdivisions other than the City of Waterloo, is an employer for purposes of this section. For clarity, public employers such as, but not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye Community College are political subdivisions of the State of Iowa and therefore exempt from this ordinance. 6. Employment: Any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. 7. Inquiry: Any direct or indirect conduct intended to gather information, using any mode of communication, including but not limited to a box or blank that seeks to elicit information about an applicant's criminal record on an employment application form. 8. Interview: Any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications. 9. Legitimate business reason: A reason for which an employer may make an adverse hiring decision based on an applicant's criminal record, including the following: a. Situations where the nature of the criminal conduct has a direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the intended employment, taking into consideration the following factors: the nature of the employment, the place and manner in which the employment will be performed, the nature and seriousness of the offense or conduct, whether the employment presents an opportunity for the commission of a similar offense or conduct, the length of time between the conviction or arrest and the application for employment (not including time on probation or parole or the time during which fines or other financial penalties or remedies may be outstanding), the number and types of convictions or pending charges, and any verifiable information provided by the applicant that is related to the applicant's rehabilitation or good conduct. b. Situations where the granting of employment would involve unreasonable risk of substantial harm to property or to safety of individuals or the public, or to business reputation or business assets, taking into consideration the factors listed in paragraph a of this subsection A.9. c. Positions working with children, developmentally disabled persons and vulnerable adults where the applicant has a conviction record of a crime against children or disabled or vulnerable adults, including but not limited to crimes of rape, sexual abuse, incest, prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment. Page 321 of 356 d. Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job. 10. Pending criminal charge: An existing accusation that a person has committed a crime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. B. Prohibited Use of Criminal Record Information: In connection with the employment of any person, it shall be an unlawful discriminatory practice for an employer to engage in any of the following activity: 1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. If the applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant. 2. To make an adverse hiring decision based solely on the applicant's record of arrests or pending criminal charges. 3. To make an adverse hiring decision based on any criminal records which have been lawfully erased or expunged, which are the subject of an executive pardon, or which were otherwise legally nullified. 4. To make an adverse hiring decision based on an applicant's criminal record without a legitimate business reason. C. Notice of Adverse Hiring Action: the employer shall notify the applicant of he intended adverse e of 2, The em e e ak ar, F.' 3�r'!r` , ;.,:K +r , ar. r+k, �✓ , *, w ",k 4r` �' w 'r „'•, * t e mployer is relying. The employer shall review and consider all gin -provided by the a. spen an employme questions ab charge is resolved sr adjudicated or until icant's criminal record a gid: OC. Effect on Other Laws: This section shall not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment of an applicant. 2 Page 322 of 356 KELLEY FELCHLE From: Steve Schmitt Sent: Monday, October 07, 2019 10:36 AM To: KELLEY FELCHLE Cc: QUENTIN HART; Sharon Juon; Bruce Jacobs; tim Jamison@wcfcourier.com; mark@ kxel.com Subject: Ban the Box Good Morning Kelley, It appears I will be unable to attend City Council meeting later today, as the new owners of the company I work for are in town for meetings starting this afternoon and going through later in the week. I am told today's meetings will go into this evening, so I will not be able to attend via speakerphone either. If there is any chance I can make our meeting, I will. Otherwise, would you please read the following into the record on my behalf. "Mr, Mayor and Council, my apologies for not being in attendance at our meeting this evening, As my employer has recently been purchased by another company, I am currently in meetings with our new owners and unable to attend this evening. While I, like most other Council members, am very much in favor of giving people a second chance, I am not in favor of the Fair Chance Initiative, also known as Ban the Box, and also called the Unfair Use of Criminal Record in Hiring Decisions, in its present wording. I believe this ill-conceived document is in clear violation of State Code 364.3 section 12a. I view voting in favor of this as a violation of the Oath of Office I took when I became a Council Member. I also have asked what are the penalties for any violations of the proposed item, and have not received an answer. Finally, I have yet to talk to one business owner who is in favor, of this as it is written. The idea that local government can control how a business conducts their hiring practices is viewed by many as unacceptable. Many of us spend as much time with our coworkers as we do with our families, and people have a right to know as much as they can about their fellow employees. Therefore is seems reasonable we would know them as well as possible." Respectfully, Steve Schmitt, Council Member At -Large 1 Page 323 of 356 CITY OF WATERLOO Council Communication An ordinance Amending the City of Waterloo 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. City Council Meeting: 10/7/2019 Prepared: 9/17/2019 REVIEWERS: Department Reviewer Action Date Traffic Operaf revs Greco, Sandie Approved 9/18/2019 - 9:58 AM Clerk /k: Offic Evenm, p:,e%un Approved 9/18/2019 - 110:2,0 AM ATTACHMENTS: Description Type D Ord i once 1:3<ackuarp 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 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. 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 324 of 356 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 325 of 356 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo 2008 Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la), Coachman Drive, south side in the 2000 Block. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department 'Traffic Operations ATTACHMENTS: Description D Ordinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Background Information: Reviewer i^^"vena LeAnn Action Approved Type 1 aack:unn, vl ueu Tisa Date 11 0/y/2019 ... 10: ", A.M Motion to receive, file, consider and pass for the first time an ordinance amending the City of Waterloo 2008 Traffic Code by amending Section 571, No Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la), Coachman Drive, south side in the 2000 Block. 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 Execptional Persons staff contacted Traffic Operations with safety and visibility concerns regarding buses entering and exiting the driveway of the Group Home located at 2009 Coachman Drive. The only house on the south side of the 2000 block of Coachman Drive is the Group Home. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. All residents in the 2000 block of Coachman Dr. were notified by mail of the pending ordinance change. No comments or questions were received as of Tuesday, October 1st. Page 326 of 356 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: BY AMENDING SECTION 571, NO PARKING 8:00 A.M. TO 4:00 P.M., EXCEPT SATURDAY, SUNDAY AND HOLIDAYS, BY ADDING SUBSECTION (la) , COACHMAN DRIVE, SOUTH SIDE OF THE 2000 BLOCK, TO NO PARKING 8:00 A.M. TO 4:00 P.M., EXCEPT SATURDAY, SUNDAY OR HOLIDAYS, TO THE 2008 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 571, No Parking 8:00 a.m. to 4:00 p.m., except Saturday, Sunday and Holidays, is amended by adding the following: (la) Coachman Drive South side in the 2000 block. PASSED AND ADOPTED by the City Council this day of October, 2019, and approved by the Mayor this day of October, 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 327 of 356 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 4, in the amount of $ 19,505.00, to WRH, Inc. of Amana, Iowa, in conjunction with the Waterloo Waste Water Treatment Plant Satellite Wet Well Project, Contract No. 907, and authorizing the Mayor to execute said document. City Council Meeting: 10/7/2019 Prepared: 9/30/2019 REVIEWERS: Department Reviewer Waste M an:n.aagenrnetn:t bowman, CIeirk_ Office eAnnb ATTACHMENTS: Description D Memo i.o to \Va:t D I)iry Run G irQ:°ei Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action Date Approved I 0/2/20 19 ... 8:29 l\. M Approved 10/2,/2,0 19 ..... 2:2,6 P M Type d City CQ0t r1cii Cover 4 •r Project #60330823 r:up Matcnriau] Submitted By: Brian Bowman, Treatment Operations Supervisor It is recommended that the city council approve Change Order # 4 with WRH in the amount of $19,505.00 for project #907 $19,505.00 Sewer funds Page 328 of 356 11J1IU1111)), ,ta CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 September 30, 2019 Memo to Waterloo Mayor and City Council: RE: Change Order #4, Satellite Wet Well Project # 907 Background Discussion This change order reflects final changes made to the Anaerobic Lagoon Wet Well under the Satellite Wet Well Project #907. In order to have a completed project that would give the City of Waterloo years of maintenance free service at the Anaerobic Lagoon Wet Well a decision was made to blast and coat the discharge pipes and bases with a Sprayroq product since the original scope didn't have provisions for recoating the pipes and bases. By opting for this recoating it required an additional 2 days of by-pass pumping. In addition this change order also includes extra time and materials from unforeseen conditions on the West portion of the Lagoon Wet well where a layer of epoxy grout needed to be removed to ensure proper keying and adhesion of the new Sprayroq coating. This Change Order also has a deduct in the amount of $2975.00 for Gate Removal Credit because staff and contractors agreed it was in the best interest to leave all gate structures intact. Recommended Action It is recommended that the city council approve Change Order #4 with WRH in the amount of $19,505.00 for project #907. Page 329 of 356 AECOM October 1, 2019 Mr. Randy Bennett Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Change Order No. 4 Satellite Wet Well Rehabilitation Waterloo, Iowa City Contract No. 907 AECOM #60488465 Dear Mr. Bennett: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax Enclosed please find Change Order No. 4 for the above -referenced project. The purpose of this change order is that during work on the Anerobic Lagoon Wet Well, it was discovered the floor of the wet well was coated with epoxy. This needed to be removed for the new Sprayroq product to be installed on the surfaces of the wet well. The pipes and pump bases were found to be corroded during construction activities. It was decided to coat these with Sprayroq to protect them long term. The contractor was able to leave the gates in-place during coating activities (a deduct was included with this activity). Additional bypass pumping was also required for the additional work performed. It is recommended to move forward with this Change Order No. 4 in the amount of $19,505.00. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, Ross A. Hillsman, PE Enclosure: As Noted c: WRH, Inc. P:\60488465\600_Construction_Support\670_Change-Orders\2019-10-1 CO #4 - Trnsmtl to Randy Bennett Waterloo Satellite Wet Well Rehab.docx Page 330 of 356 CHANGE ORDER NO. 4 Owner: City of Waterloo Project: Satellite Wet Well Rehabilitation Date: October 1, 2019 Owner's Contract No.: 907 Contractor: WRH, Inc. Date of Contract Start: $ Original Contract: $1,839,380.00 You are directed to make the following changes in the Contract Documents. Description: Add for removal of epoxy grout on floor of Anaerobic Lagoon Wet Well. Add for blasting and coating of piping and pump bases with Sprayroq product. Provide a deduct for leaving gates in place. Add for additional bypass pumping associated with the additional work. NET ADD $19,505.00 Reason for Change Order: During work on the Anerobic Lagoon Wet Well, it was discovered that the floor of the wet well was coated with epoxy. This needed to be removed for the new Sprayroq product to be installed on the surfaces of the wet well. The pipes and pump bases were found to be corroded during construction activities. It was decided to coat these with Sprayroq to protect them long term. Contractor was able to leave the gates in-place during coating activities (a deduct was included with this activity). Additional bypass pumping was required for the additional work performed. CONTRACT PRICE Original: $ 1,839,380.00 Original: Previous C.O.s (ADD/DEDUCT): $ 73,948.00 Previous C.O.s (ADD/DEDUCT): This C.O. (ADD/DEDUCT): $ 19,505.00 This C.O. (ADD/DEDUCT): Contract Price With All Approved Change Orders: $ 1,932,833.00 REVISED: Original Completion Date: Revised Completion Date: CONTRACT TIMES (Calendar Days) To Substantial To Final Completion Completion 3 October 1, 2019 To be Determined It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: City of Waterloo (Authorized Signature) ACCEPTED: By: Date: WRH, Inc. (Authorized Signature) Date: Page 1 of I P_A60488365\600_Constmction_Support A670_Change-Orders\2019-10-1-CO#4- Satellite Wet Well- WREdoc AECOM 60488465 4 Project No. Change Order No. Page 331 of 356 CITY OF WATERLOO Council Communication Motion to approve Change Orders Nos. 5-7, for a total decrease of $2,363.27, to Woodruff Construction, LLC of Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. City Council Meeting: 10/7/2019 Prepared: 10/1/2019 REVIEWERS: Department Leisure isure Sere,/ es Clerk: Office ATTACHMENTS: Description 1" ark 1.I] Submitted by: Recommended Action: Reviewer 1 u ing, P:,1111. 1 ^;vena p..e/�nn Action Approved Approved Type (over J\1en.io Date 10/1/.2.019 ... 10/2/2019 2. 2:07 P M Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Approve the following change orders: Change Order #5 INCREASE of $3,650.00 to remove concrete, rebar, and footings that were found underground as part of an old fountain foundation that had been converted into a planter. Change Order #6 DECREASE of $294.27. After removal of existing sidewalk concrete along East 4th street a detailed examination of the root structures of four trees was completed and it was determined that it was not feasible to keep these four mature Linden trees in the streetscape. To accomplish this the following changes needed to be made: eliminate 288 sq ft of porous pavement, eliminate 180 sq ft of 6" thick regular pavement, install three new Honeylocust trees, and install 360 sq ft of shredded hardwood mulch around the new trees. Change Order #7 DECREASE of $5,719.00. After removal of interior park sidewalk panels it was determined that excavation necessary to install the 4" of modified sub base gravel under the new pavement would have very adverse impacts to the tree roots of many mature Hackberry trees. Additionally the grade of all new pavement was raised 2" to further reduce tree root damage. To accomplish this the following changes needed to be made: Eliminate excavation called for in the plans for the modified sub base. Eliminate 4" modified sub base gravel called for in the plans. Have Great Planes Survey re -set the elevation stakes. Original Bid: Change Order #1 Change Order #2 Change Order #3 $734,330.30 $57,507.00 $37,688.00 $ - 14,223.00 (reduction) Page 332 of 356 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Change Order #4 Change Order #5 Change Order #6 Change Order #7 Total $88,278.00 $3,650.00 $ - 294.27 (reduction) $ - 5,719.00 (reduction) $901,217.03 DECREASE of $2,363.27 416/418 Downtown Improvements G.O. Bond Funds Sign & Traffic G.O. Bond Funds RJ McElroy Trust Black Hawk County Gaming Association Otto S choitz Foundation Max & Helen Guernsey Foundation Total Strategy 4.5 Quality of Place $45,000 $15,500 $125,000 $600,000 $200,000 $10,000 $995,500 Page 333 of 356 CHANGE ORDER El Mark K taper, RITLAND+KUIPER LI Nate Goetsch, Woodruff Construction 1:1 Quentin Hart, Mayor of Waterloo, Iowa LI LI LI Li PROJECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 05 DATE OF ISSUANCE: 09/11/2019 FROM: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. Contractor reimbursement for removal and disposal of fountain basin in Lincoln Park. TOTAL INCREASE TO CONTRACT Attachments: 2019.09.06 Estimate from Woodruff Construction $3,650.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was $734,330.30 Net change by previously authorized Change Orders $169,250.00 The Contract Sum prior to this Change Order was $903,580.30 The Contract Sum will be (increased) by this Change Order $3,650.00 The new Contract Sum including this Change Order and Change Order #01 & #02 will be $907,230.30 The Contract Time will be (unchanged) RITIAND+KUIPER Landscape Architects ARCHITECT Signature Mark Kuiper, .A.SL.A, LEER AP Woodruff Construction zero ( 0 ) Days City of Waterloo CONTRACTOR OWNER Signature Nate Goetsch Signature Mayor Quentin Hart Page 334 of 356 WOODRUFF CONSTRUCTION LLC 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 September 6, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Change Pricing Request: Remove Buried Concrete Fountain Basin To whom it may concern, Enclosed is the additional pricing to remove the buried concrete fountain basin. It was agreed with the City they would reimburse up to $3,000 plus the dump fees. Cost Breakdown Whole Excavation (pricing enclosed) =$5,931.25 Agreed Limit Whole Excavation Dump Fees Total Our total price is an ADD of $3,650.00. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager .$3,U00.00 = $650.00 =$3,650.00 Page 335 of 356 Nate Goetsch From: [hehFirgand ~whuhexcavaiino@gmaiicom` Sent: Wednesday, September4L2W1911:54AM To: Nate Goetsch Subject: incolii Park FoUndation Removal for CO 1. Excavawr and Breaker 7 hrs $875,00 Z. Large Excavator wfth thumbs 7 hrs $2,100.00 3. Skid Loader with breaker and bucket 11.2SSirs $966.l5 4. DumpTrocks 15 hrs 13 loads off S1,350.00 5. ***p Fee and Whole Excavation Provide Dump site $ 650.00 Total $5,931.25 credit $2,000.00 as part of bid to remove Plaza. Total owed $3,931.25 Please call Doug oL319-%90-5l27for 'wilier a0siyUmoon. Cheri F/rgapd'{}ffipo M 1-{P Whole Excavation, LLC ph: 319'988-9824 fax: 319-988-9827 Page 336 of 356 CHANGE ORDER Mark Kuiper, RITLAND+KUIPER 0 Nate Goetsch, Woodruff Construction LI Quentin Hart, Mayor of Waterloo, Iowa LI El LI LI PROJECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 06 DATE OF ISSUANCE: 09/19/2019 FROM: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. Deduction of 288 SF of porous pavement 2. Deduction of 180 SF of PCC pavement, 6" 3, Installation of 3 Thornless Honeylocust 'Skyline' 2" caliper trees, B & B and planting soil as per plan note 13. 4. Installation of 360 SF of shredded hardwood mulch as per plan note 5. TOTAL DEDUCT TO CONTRACT Attachments: 2019.09.17 Estimate from Woodruff Construction ($294.27) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was $734,330.30 Net change by previously authorized Change Orders $169,250.00 The Contract Sum prior to this Change Order was $903,580..30 The Contract Sum will be (decreased) by this Change Order ($294.27) The new Contract Sum including this Change will he $903,286.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+K UIPER Landscape Architects ARCH rrEcT Signature Mark Kuiper, ASLA, LEED AP Woodruff Construction CONTE AcroR Sig lature Nate Goetsch City of Waterloo OWNER Signature Mayor Quentin Hart Page 337 of 356 WOODRUFF CONSTRUCTION, LLC 1717Falls Avenue | Waterloo, iA5O7O1 September 17, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Proposal Request #8 4th Street Sidewalk Modifications - REVISED To whom it may concern, The following is our pricing per Pricing Request #8, Cost Breakdown Additional Surveying/Staking Compost/Soil Excavate and place compost mix Equipment Rental (Mini Ex and Skid) Compost/Topsoil Mix (Bentons) Matthias Landscaping (quote enclosed) Mark-up Credits: Kruse Concrete (quote enclosed) Porous Pavement Subtotal Insurance Bond = $640.00 = $520.00 = $1,050.00 = $1,850.48 = $473.05 = ($739.80) =($4,320.00) = ($286.27) = ($3.00) = ($5.00) Our total price to perform the changed work is a DEDUCT of $294.27. Note: New compost mix installed only at the (3) new trees. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager Page 338 of 356 Nate Goetsch From: Sent: To: Cc: Subject: r'''''',100g4LOyraol Jeff Hutton <jhuttongreatplainssurvey.coin> Friday, September 13, 2019 10:00 AM Nate Goetsch Angie Hutton FIN: Lincoln Park PR -08 Sidewalk Plan for E. Llth Street Nate, Additional scope for PR#8 would include 1 added trip/mobilization and staking 2 corners for each of 4 tree pits for a total add of $240.00 Please let me know if you need anything additional or have any questions. Thank you, JEFF HUTTON, P.L.S. Great Plains Survey, Inc. From: mark [mailto:rnark©ritlandkuiper.corn] Sent: Thursday, September 5, 2019 3:36 PM To: Nate Goetsch; samantha; JAMES BOLGER; PAUL HUTING; TRAVIS NI[H0LS(TRAVIS.NICHOLS@VVATERLOO' IA.ORG) Cc: Ben Spilde; Travis Kruse; ]effHuthon; Angie Hutton; Cheri Hrgnvd; craig (cmig@motthias|nndscop|ng.com) Subject: Lincoln Park PR -08 Sidewalk Plan for E. 4th Street Nate, Please see attached PR -08 with updated plan Sheet L-1.1 for updated streetscape plan along E. 4th Street. These changes took place since the existing trees were removed, additional trees were needed and the sidewalk layout changed accordingly. This change also eliminates the porous pave from the project in lieu of wood mulch. The City has asked us to evaluate the use of some structural soil systems for the sidewalk pavement between the tree openings and the park area to allow tree roots to expand more easily. The additional cost for that work will be described in greater detail in a future PR. Please price this PR without that work so that the City can compare the cost of the two approarhes. Note that all of the concrete pavement along E. 4th Street would be 6" thick with no modified subbase as per prior direction this week. Thanks, Mark Mark Kuiper, ASLA, LEED AP Principal RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 vmxwv.hUandkui m 318-233'8090 (office) Page 339 of 356 Nate Goetsch From: Sent: To: Subject: Travis Kruse <tknoe564@gmai|znm> Wednesday, September 11, 2019 12:39 PM Nate Goetsch Re: Lincoln Park PR -08 Sidewalk Plan for E. 4th Street Deduct $4.11 per sq ft total @180 sq ft would be $739).30 0nWed, Sep 11,Z019,8:41AK8Nate Goetszh<nateq@woodruffcon`panies.nnm>wrote: I believe I am still in need of pricing from each of you for PR8 attached. If you have no price changeplease let me Whole Excavation — please also include the topsoil/compost mix to use in the tree pits. Nate GoetscI Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 From: Nate Goetsch Sent: Thursday, September 5, 2019 4:10 PM To: Cheri Firga,d<vvho|eexcavaMonPgnnaU.com>;Travis Kruse <tkguse5G4��'�[�����D>;cm|g �� (cnahgmat1hias|andscapinA.com)<cnahaV�matth|as|andscaping.com>;Angie Hutton <ahuttun@pgneatp|einssurvey.com> Subject: FW: Lincoln Park PR -08 Sidewalk Plan for E. 4th Street ���� See attached PR8 and advise on pricing implications by end of day Tuesday, 9/10/19. Nate Goetsch Project Manager/Estimator Woodruff Construction, LLC Page 340 of 356 As LANDSCAPING CO, Woodruff Construction "A Nate Goetsch 1717 Falls Ave. Waterloo IA 50701 Estimate Dale 9/6/2019 Project PR -08 Trees and Mulch Description Qty Cost PR -08 #3a - Shade tree materials priced EA 3 318.45 PR -08 #3b - Shade tree installation labor EA 3 148.71 GC is responsible for providing, and placing topsoil/compost mix in tree pits PR -08 #4a - Mulch and Pre -Emergent materials 360 SF PR -08 44b - Mulch and Pre -Emergent Installation 360 SF Please call if you have any questions. 249.00 200.00 Total 955.35 446.13 249.00 200.00 Subtotal $1,850,48 Sales Tax ;(0.0%) $0.00 Total $1,850.48 MIMI-bias, Landscaping Co. 3170 Wagner It.(1.. Waterloo. IA 50703 319-226-6000 Iax 319-226.6003 Page 341 of 356 CHANGE ORDER Mark Kuiper, RITLANDTKUIPER 0 Nate Goetsch, Woodruff Construction 0 Quentin Hart, Mayor of Waterloo, Iowa 0 LI LI LI PROJECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 07 DATE OF ISSUANCE: 09/25/2019 FROM: RITLAND-1-KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. In an effort to protect as many subsurface tree roots as possible, the City has asked that all concrete pavements (colored and plain) he installed with 6" of concrete (with steel reinforcement as per the construction documents) but that all modified subbase not be installed to keep excavation as minimal as possible. Some excavation has taken place beyond the 6" depth required for pavement already. In those areas, the Contractor shall use modified subbase (compacted as per the specifications) to reach the required subgrade depth for installation of the 6" pavement. All other areas shall be excavated to the 6" depth for pavement installed in-situ soils (some rolling and compaction may be necessary for these soils to provide adequate bearing for the pavements). Please provide quantities and price adjustments for the decreased soil excavation and decreased modified subbase required to accommodate this change. TOTAL (DEDUCT) TO CONTRACT ($5,719.00) Attachments: 2019.09.25 Estimate from Woodruff Construction Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was $734,330.30 Net change by previously authorized Change Orders $169,250.00 The Contract Sum prior to this Change Order was $903,580.30 The Contract Sum will be (decreased) by this Change Order ($5,719.00) The new Contract Sum including this Change Order will be $897,861.30 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPER Landscape Architects Woodruff Construction ARCHITECT CONTR AC'roR Signatur Signature Mark Kuiper, ASLA, LEE_ AP Nate Goetsch City of Waterloo OWNER Signature Mayor Quentin Hart Page 342 of 356 WOODRUFF CONSTRUCTION LLC 1717Falls Avenue | Waterloo, V4OO7O1 September 25, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Proposa|Requet#7RemoveModihed5ubbasean6RaisePavingJ" To whom it may concern, The following is our pricing per Pricing Request #7. Cost Breakdown Additional Surveying/Staking = $305.00 Whole Excavation (quote enclosed) =($5,868.00) Insurance = ($50.00) Bond = ($106.00) Our total price to perform the changed work is a DEDUCT of $5,719.00. Note: In addition to the requirementoutlined in the Proposal Reques07, also reference RFI #4 and email enclosures for further scope clarifications. Additional topsoil, finish grading, and seeding will be determined in a future change order near the completion of the scope. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, ProjecManager | ��� ' �~=" Page 343 of 356 PROPOSAL REQUEST PROJECT: Lincoln Park PROPOSAL REQUEST NO.: 07 Waterloo, Iowa OWNER: City of Waterloo, Iowa DATE: September 4, 2019 F.Y. 2019 #973 TO: Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 Please submit an itemized quotation for changes to the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. All conditions of the Contract shall apply to this Change unless specifically stated otherwise. The monetary and time compensation provided by this Change fully compensate the CONSTRUCTOR for the work covered by the change and for the accumulated affect that this change has on the entire scope of the work, THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. In an effort to protect as many subsurface tree roots as possible, the City has asked that all concrete pavements (colored and plain) be installed with 6" of concrete (with steel reinforcement as per the construction documents) but that all modified subbase not be installed to keep excavation as minimal as possible. Some excavation has taken place beyond the 6" depth required for pavement already. In those areas, the Contractor shall use modified subbase (compacted as per the specifications) to reach the required subgrade depth for installation of the 6" pavement. All other areas shall be excavated to the 6" depth for pavement installed in-situ soils (some rolling and compaction may be necessary for these soils to provide adequate bearing for the pavements). Please provide quantities and price adjustments for the decreased soil excavation and decreased modified subbase required to accommodate this change. Page 344 of 356 WOODRUFF CONSTRUCTION TO: DATE INITIATED: LOCATION: PROJECT STAGE: SUB JOB: COST IMPACT: DRAWING NUMBER: LINKED DRAWINGS: RH #4 Project: 19-036 • WATERLOO LINCOLN PARK IMPROVE East 41h Street and Mulberry Street Waterloo, IA 50703 lav. tg..U...r.14aWl4W.......w......gr..M14.11MMInswgr 1144,114+,4•,..MEMAMINICASAIII.P.TWIMATII.0,96.0,110.1.,Nurve..103.4•MIMIEffamilliuMAMULfflE111.0111•011.11.1,MMMI,MIneaelAilroWeimi.. PR7 Subbase Material Mr.rmeuremaramw aurnawormsdizrmelran..M.ms.warmra.....0..1...mM Mark Kuiper (Ritiancl+Kuiper Landscape FROM: Nathan Goetsch (Woodruff Construction Archtects) LLC) 09/09/2019 1717 Falls Avenue Waterloo, Iowa 50701 STATUS: Closed DUE DATE: 09/12/2019 COST CODE: SCHEDULE IMPACT: SPEC SECTION: REFERENCE: RECEIVED FROM: Doug Firgard (Whole Excavation) COPIES TO: Den Spilde (Woodruff Construction LLC) OtlestionifromVathantGootstitiWoodruffiConsfroctioWLL O346 P ort O%O9If4 049 Regarding PR7, there were discussions at the Progress Meeting on 9/9/19 inquiring on the subbase material to use for any areas to fill to the required subgrade and to raise the 2". Options discussed Included soil, sand, or the original rock modified subbase. Leisure Services was going to discuss with City Engineering and advise on material for us to include In our pricing. Please confirm this material selection, Official Response: Mark kuiper (Ritland+Kulper Landscape Archtects) responded on Thursday, September 121h, 2019 at 5:14PM CDT Please stockpile sufficient existing soil that contains some silt so that you can use that along the sidewalks to establish final grades prior lo seeding, We would like the final soil finishes as similar to existing soils throughout the site as possible. Wherever subbase material is needed, you may use surplus existing soils where possible on the diagonal cross walks (under the colored concrete) and then use a sand material when you run out of the onsite material. Make sure that you test for and achieve 95% standard proctor density for the subgrade In all areas prior to installation of the concrete. Attachments: BY DATE COPIES TO Page I of 1 Printed On: 09/13/2019 08:46 AM Page 345 of 356;' Nate Goetsch IranmeammemairmanamoonamwymmmanmeaTZSEAMMEMEETZSCESOMEROMMUMMRSERMSMNATOMIZEUMEJEMMAWSZEMPOINEROMMISMILS From: murk<ma/k@hdandkoipo/zom> Sent: Thursday, September 5,2O1912:4OPM: To: Jeff Hutton; Nate Goctsch;samandha;'JAMES O0LGER','PAUL HUT|NG';'TRAVIS NKHOLS' Cc: Ben Spi|de, 'Travis Kruse', 'Angie Hutton', 'Cheri Firgard'; 'craig' Subject: RE: Lincoln Park PR07 Remove Modified Subbase from Concrete Pavement Jeff, Yes, please proceed with that direction. Mark Mark Kuiper, ASLA, LEED AP Principal RITLAND+KUIPER Landscape Architects 501 Sycamore Sheet, Mezzanine A Waterloo, Iowa 50703 wvwv.riUandku|per.com 319-233-8090 (office) 319-415-9293 (cell) From: Jeff Hutton [mui|k/jhotton@grcaip|ainssurvey.cnm] Sent: Thursday, September 5, 2019 12:38 PM ln:mark<mark@ht|andkuiper.onm>;'NaieGoetsch'<nateg@wmodruOtompanies.com>,samantha <samantha@rit|andkuipeconm>, 'JAMES 80LGER'<]AMES.80U8EK@VVATEKLOO-|&0KG>,'PAUL HUT|NG' <PAULHUT|NG@»VVATERLOO'1A.OR6>, 'TRAVIS N|CH0LS'<TRAV|S.N|CHOLS@oVVATERU]C^|A.0KG` Cc: 'Ben Spi|de'rbensKpvvoodrufftompenies.com>, 'Travis Kruse' <tkruse564@gmail.com>; 'Angie Hutton' <aho\ion@Qreatp|ainourvoyzom/; 'Cheri Firgard' <vvho|oexcavahun@p0muiicom>, 'craig' <craiO@matthios|andscaping.com` Subject: RE: Lincoln Park PR -07 Remove Modified Subbase from Concrete Pavement Attached is the proposed transition area. Transitioning 3 legs In 25' and 1 leg in 33' wIll utilize existing staked locations and keep the design grades between 1.0% and 1.5% through the transition areas. If agreeable, We can adjust grades on the existing stakes and future staking accordingly. JEFF HUTTON, P.L.S. Great Plains Survey, Inc. From: mark [mailto;markf&ritia Sent: ThursdaySeptember 5, 2019 11:42 AM To: Nate Goetsch; samantha; JAMES BOLGER; PAUL HUTING; TRAVIS NICHOLS DLS@NVATERL0O' JA.ORG) Cc: Ben Spilde; Travis Kruse; Jeff Hutton; Angie Hutton; Cheri Firgard; craig (croig@IatthiastQDdicaping.com) Nate, Page 346 of 356 1,,rsomr e.ot Page 347 of 356 Nate Goetsch ITIEMEMADVEZEZIVAMMPAMSIMMILZENDIMOMMMEMSPEOMOMMONNIMMEMIMMIZOGEMIGMESVMMEMONMMIIMMIIMPIMUMESEEDIVIAMWOMMINIMMAIMPOMMAMIMMEAMMIMMOMMAIMMEINALMOCEVIEVAMIEEREES From: madk<mark@hdandkoipeccom^ Sent: Thursday, September 5, 2019 4:05 PM To: Nate Goetszh;xamantha; JAMES BOLGER; PAUL HUTING; TRAVIS NICHOLS (TRAV|lNi[HOLS@)VVAT[RLOO'|ADKG) Cc: Ben SpUde; Travis Kruse; Jeff Hutton; Angie Hutton; Cheri Firgard; craig (craig@ma8h|as|andacaping/on) Subject: RE: Lincoln Park PR -07 Remove Modified Subbase from Concrete Pavement Nate, It makes more sense to measure the seeding at the end of the project and keep that out of your PR for now. Mark Mark Kuiper, ASLA, LEED AP Principal RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 www.riUondku|peroom 319-233-8090 (office) 319-415-9293 (cell) From: Nate Gocio]h [mai|honate8@wmndruffcompanks.com] Sent: Thursday, September 5, 2019 3:58 PM To:mark/mark@ridandkuiper.com>;oamantha<samantha@ridandkuiper.com>;]AK4E3BOLGER ~1AK4ES.BULGEK@pVVAT[KLOO'|A.ORG>;PAUL HU7lNG<PAUL.HUT|NG@VVATERLO0'|A.OKG>;TRAVIS N|[HOLS (TRAV|S.N|CHOL5@VVATERUO0'1A.ORG)<T8AV|S.N|CHULS@nVVATERLOO1A.ORG> Cc: Ben Spilde <bens@woodruffcompanies.com>; Travis Kruse <tkruse564@gmail.com>; Jeff Hutton <jhuLton@g/eatp|ainourvey.com>;Angio Hutton <ahutton@greatplainssurvey.com>; Cheri Firgard <wholeexcavation@gmail.com>; craig (craig@matthiaslandscaping.com) <crniQ@maL1hias|andscapin0.com> Subject: RE: Lincoln Park PR -07 Remove Modified Subbase from Concrete Pavement Mark, With 2% grade at the 2" raised areas, it looks like the grading/seedingareatnbenoughlyO'hnmtheedgmuf pavement. Do you want me to add this seeding to the PR -7 price or do you prefer to measure actual quantities at project completion and then adjust by change order? If we want to update now, what was the basis in the design for the bid quantity of 16,000 SF (how far out on each pavement edge was assumed for repair)? I can then add the Thanks, Nate Goetsch I Proje,±PNanager/Emtinator Woodruff Construction, LLC (319) 233-3349 Page 348 of 356 From: mark <mark@rptIandkutper.com> Sent: Thursday, September 5, 2019 12:40 PM To: Nate GoeLsch<nakawoodruffcompaniesznm>; samanthu<samantha@rhb ,]AK8ESBOiGEK `JAK4ElBOLG[RPVVATERLO0'|A.DKG>;PAUL [LUTING <PAUL.HUT|NG@WAT[RL0O'|A.ORG>;TRAVIS N|CHOLS (TRAVhlN|CHOL50nVVATEKL0O-1A.URG)<TkAV|5.N|CH0LS@»VVATEHL80-1A.URG> Cc: Ben Spikie <bens@woodruffcompanies.com>; Travis Kruse <tkruse564@gmail.com>; Jeff Hutton <1hutton2greatpkailssu!Yey.com>;Angie Hutton <ahutton"mneat |a|nssurvey.com>;Ched Firgard <vuhnleexcavationE_Dgma|Lrom>; craig (craiR@matth}as|andscapioA.com) <craig@nma\t`iastandsc, imcom� Subject: RE: Lincoln Park PR -07 Remove Modified Subbase from Concrete Pavement Nate, I didn't answer your second question as to how far out to grade for seeding. Let's plan on a 2% grade down to existing lawn grades wherever that works. If there are areas where that would require a lot of additional disturbance of existing lawns, then we can increase the slope as necessary to make that work. The idea would be to try to disturb as little additional area as possible while providing smooth transition grades so that the sidewalk doesn't look like it's popped up unnaturally from the surrounding grades. We would also like to hold grades down 1/2" from top of pavement to top of topsoil to allow for lawn and thatch in that transition. Let me know if you have additional questions, Mark Mark Kuir,A8LA.LEEDAP Principal RITLAND+KUIPER Landscape Arhitects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 vmww.hdandkuiunr.com 319-233-8090 (office) 319-415-9293 (cell) From: Nate Gnetsch[naikomateg@wondrwffcomponks.com] Sent: Wednesday, September 4, 2019 5:19 PM Tn:mark<mark@»rh|aldkuiper.com>,snmantha<oamanthaPh#audkoiper.o»m>,]AMESDOLGEK <]Ak4ES.8OLGERPVVATERLOO'|A.ORG>;PAUL HUT|NG<PAUL.HUT|NG@NAT ; TRAVIS NICHOLS (TRAV|S.N|CH0L5 VVATERL00-1\'ORG)<TRAV|S.N|CH8LS@pVVATERi00'1A.OKG> Cc: Ben Spilde / mpanies-cmm>;Travis Kruse <tk/ose564PArna||.com>;Jeff Hutton <ihuttpn@greatp|ainssumey.com>; Angie Hutton <ahutton��reat|a|msnu[vey,00Dl>;Cheri Firgard �who|eexcavahmn.cum>;c/aig(cmig@matthias|andscapinR.cunn)<cmig@mnatth|as|andscaping.com> Subject: RE: Lincoln Park PR -07 Remove Modified Subbase from Concrete Pavement Mark, will you be able to provide an updated plan reflecting the changed elevations? I presume GPS will need this CAD/info for layout as well. I want to be sure all are on the same page of revised elevations. How far out do you want to taper the grading from the raised pavement? This will affect the amount of topsoil and potentially additional seeding. added a few subcontractors in this email chain as this is critical information. Thanks, Page 349 of 356 Nate Goetsch I Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 Frnm:mark«noarkPhUandkuiper.cum> Sent: Wednesday, September 4, 2019 4:38 PM To: Nate Gnetsch<nateg,PwmodruMtompanieszum>; samanthn<samamthoyDdttandk@ipeccunn>;JAMES BOLGEK <]AK4ES.80LGER@uVVATERLO{1_1A.CMRG>;PAUL HUT|NG<PAUL.HUT}NG@VVATERLOO']A.ORG>;TRAVIS N|CHOL5 (TRAVO.N|CHOLS@VVATERL00'1A.OK6)<TRAV|5.NI'OR6> Cc: Ben Spilde <tens@mfoodrufftnm0anies.cpm/;T/avis Kruse <i|.moDI> Subject: RE: Lincoln Park PR -07 Remove Modified Subbase from Concrete Pavement ALL: After meeting at the site today, it was determined that the elevations for the pavement throughout Lincoln Park (with the exception of the intersection corners and sidewalks along the streets, which will remain the same) will be raised 2" to further eaSe impact to tree roots and facilitate drainage of the surface toward the adjacent lawn areas. Grades will be feathered out away from pavements accordingly to avoid tripping hazards and drop-offs. Care should be taken to adding topsoil within the driplines of existing trees, minimizing such soil additions as much as possible. Any adjustments in plan quantities should be reflected in PR -07. Thank you, Mark Mark Kuiper, ASLA, LEED AP Principal KITLAND+KU|PERLandscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 vmxw.hUandhuip*rJcom 319-233-8090 (p) 319-233-9772 (f) From: mark Sent: Wednesday, September 4, 2019 2:34 PM To:'NateGoe1sch`xnateA@woodruffcnmpanies.mom>;samantha<smmanthap»ri 'JAMES BOLGER' '1AK4E3.8OLGERPVVATERU]O'U\l}KG>;'PAUL HUT|NG'^PAUL.HUT|NG2VVATERL0O-|A.OR6>;'TRAVIS N|CHOL3 /TRAV|S.N}[HOi5@VVATERLO0-1A.ORGY/TRAV|S.N|[HOL5�~VVATERLOO'|ADKG> Cc: 'Ben 5pi|de'<bens@wmudrufftnmganies.opm>;'Travis Kruse' <tkruse564@gl@NLcom> Subject: Lincoln Park PR -07 Remove Modified Subbase from Concrete Pavement Nate, Please see attached PR -07 for removal of modified subbase from concrete pavement. We provided direction to Ben today the City wants to install all 6" concrete pavements without the 4" gravel (modified subbase) to avoid as much of the tree root disturbance as possible. Thanks, Mark Page 350 of 356 Nate Goetsch From: Cheri Firgard <whc|amxcavahua®8moiLcow> Sent: Tuesday, September 24, 2019 11:58 AM To: Nate Goetsch Subject: Re: FW: PR -07 Updated Needed 1. Credit 200 cu.ycls, Class 10 Excavation ('$1/400.00) 2. Credit modified subbase and C0t11 (-$8,748.00) 3. Add -Place and compact fill orisite $1,080.00 4. Add -Import 200 yds. extra fill sand placed and compacted $3,200.00 Total (-$5,868,00) Please call Doug at 319-290-5127 for further assistance. Thanks, Cheri Firgard-Office MaDager/HR Whole Excavation, LIC ph: 319-988-9824 ���9A8'9824 fax: 314-988-9827 On Tue, Sep 24, 2019 at 11:41 AM Nate Goetsch <nategPwoodruffcompanies.com> wrote: Nate Goetsch Project Manager/Estimator Woodruff Construction, LLC (319) 233-3349 From: samantha<samanthaPhdandkuiPer.com> Sent: Tuesday, September Z4,201911:40AK8 To: Nate Goetsch<nateg@woodruffcompanies.com> Subject: P8-07 Updated Needed Hi Nate, Page 351 of 356 CITY OF WATERLOO Council Communication Executive Session on the purchase of real estate pursuant to Iowa Code Section 21.5(1)(j). City Council Meeting: 10/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk. Officc,�c��p�' K ip�y Approved 1.0/2/20 ... 0 3 AM Submitted by: Submitted By: Page 352 of 356 CITY OF WATERLOO Council Communication Communication from the Waterloo Waste Management Services Department on the notice of conclusion of employment for Steve Hoambrecker, Waste Management Services Director, effective September 19, 2019, with recommendation of approval of payout of $15,748.78 for unused benefits. City Council Meeting: 10/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date Rei orces Dunn, .t Hance approved 9/73/2019 .. 3:09 PM 1.1 c , p p by, Nancy .Approved 9/24/2019 .. 11:17 AM. ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Waste Management Services Department on the notice of conclusion of employment for Steve Hoambrecker, Waste Management Services Director, effective September 19, 2019, with recommendation of approval of payout of $15,748.78 for unused benefits. Submitted by: Submitted By: Page 353 of 356 CITY OF WATERLOO, IOWA, To: City Council Members Re: Notice of Severance CITY HALL 716 MULBERRY STREET 50703 Department Waste Management Services Today's Date' 9/19/2019 Effective Date: 9/19/2019 Employment Date: 6/13/2016 Job Title/Classification Waste Management Services Director This Is to report that the employment of Steve Hoambrecker with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes L) Resigned IJ Termination 0 Other In accordance with City Policy, It Is requested to allow payment which consists of the following: Comments: 8anefits Total Hours (x) Hourly Rate Total Payout Vacatlon•Accrued 75.68 $ 56.31 $ 4,281.54 Vacation -Current 188 $ 56.31 $ 10,586.28 Usable Sick Leave 3 $ 56.31 $ (46.48) I~rozen Sick Leave (x) 60% $ - Personal Hours 19 $ 56.31 $ 1,06 .8 Comp Time Pay $ Unscheduled Leave Other' Pay $ Total Payment $ 4k7,5 8- Approved by Human Resources..— Date Date t 2 "\ Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy In Personnel Flle) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status 0-9 Updated 6/28/11 Page 354 of 356 CITY OF WATERLOO Council Communication Certified List for the position of Digital Media Production Assistant for the City of Waterloo, Iowa Information Technology Department, as certified by the Civil Service Commission on September 27, 2019. City Council Meeting: 10/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date lia:anasin Resoaar°ces Dunn, Lance Approved 10/2,/2011 ... :1 3 AN4 C k Office p nzgp")y, N Qan cy Approved p 0/2/20 I 9 ... ll gyp. I :t AM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Digital Media Production Assistant for the City of Waterloo, Iowa Information Technology Depai intent, as certified by the Civil Service Commission on September 27, 2019. Page 355 of 356 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 27, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Digital Media Production Assistant for the City of Waterloo, Iowa Information Technology Depat (Anent. Appointment(s) shall be made from this list for the next year.., (September 27, 2019 -- September 26, 2020). Respectfully submitted, 4,,,Ld Barry askins CERTIFIED LIST Agnes Kress Bevan Lucas Nicholas Mussehl Samantha Gaffney 6 M -?//y' Date U'Lovre Caldwell Ethel Was 'ngton '•' Date CS LIST DIGITAL MEDIA PRODUCTION ASSISTANT 19 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 356 of 356