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Council Packet - 2/24/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, February 24, 2020 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 department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 264 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Jonathan Grieder, Ward 2 Council Member Agenda, as proposed or amended. Minutes of February 17, 2020, Regular Session, as proposed. Proclamation declaring February 24, 2020 as Bruce Aune Day. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving order accepting Acknowledgement/Settlement Agreement and check for $300 from B & B East, 1615 Bishop Avenue, Waterloo, Iowa, for sale of tobacco to minor violation -1st offense. Submitted By: Martin M. Petersen, City Attorney 3. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, in conjunction with the FY 2021 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Submitted By: Martin M. Peterson, City Attorney 4. Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate 2,000 square feet of alley right-of-way located west of 915 Linden Avenue, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution setting date of public hearing as March 9, 2020 to approve the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District, located at and adjacent to 915 Linden Avenue, and instruct the City Clerk to publish said notice. Page 2 of 264 Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate a 50 foot wide utility easement, which consists of 1.4 acres, located south of 4550 Hess Road, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate approximately 0.47 acres of Right -of -Way north of 3105 Airport Boulevard, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 2, 2020 and date of public hearing as April 6, 2020, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson,Community Planning and Development Director 9. Resolution setting date of public hearing as April 6, 2020 to ratify and affirm certain actions with respect to the Virden Creek Drainage Project, to establish the amount of Just Compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation of procedures for acquisition of said property interests in furtherance of the project objectives, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution setting date of bid opening as March 12, 2020 and date of public hearing as March 16, 2020, for asbestos survey services at 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution setting date of public hearing as March 9, 2020 to approve proposed repairs in conjunction with the 2020 Sidewalk Inspection and Repair Program — Zone 10, and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and authorize City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 12. Resolution setting date of public hearing as March 9, 2020, to approve an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of property in Black Hawk County and exchange of property in the San Marnan TIF District in the amount of $1,696,636.60, for 47.17 acres and up to $10,000 in closing costs, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 13. Resolution approving cancellation of assessment for 216 Rhey Street in the amount of $98.25, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Page 3 of 264 Submitted By: Kelley Felchle, City Clerk B. Motion to approve the following: 1. TRAVEL REQUESTS a. Sergeant Hoelscher and Officers A. Ehlers, Roberts, Sommer and Suljic Class/Meeting: Crime Prevention Through Environmental Design Destination: Louisville, KY Dates: March 16-19, 2020 Amount not to exceed: $7,500 b. Todd Derifield, City Forester Class/Meeting: Iowa Park & Recreation Spring Conference Destination: Cedar Rapids, IA Dates: March 24-26, 2020 Amount not to exceed: $613 c. Brian Boesen, Lead Animal Control Officer and Sally Hayward, Animal Control Officer Class/Meeting: Animal Cruelty and Fighting Investigations Training for Law Enforcement Destination: Council Bluffs, IA Dates: March 17-18, 2020 Amount not to exceed: $400 d. Casy Cory, Lab Technician Class/Meeting: Certified Environmental Worker of Iowa Training Opportunities Destination: Cedar Rapids, IA Dates: April 9, 2020 Amount not to exceed: $125 e. (6) Waste Management Employees *AMENDED* Class/Meeting: Iowa Water Environment Association - Collection System Conference/Review Session and ABC Collection System Exam Destination: Marshalltown, IA Dates: March 6, 2020 Amount not to exceed: $750 2. LIQUOR LICENSES a. Amigo Mexican Restaurant, 1415 San Marnan Drive Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/28/2021 b. El Senor Tequila Nightclub, 118 E. 11th Street Class: C Liquor Renewal Application Does not include Sunday Page 4 of 264 Expiration Date: 2/18/2021 c. Gates Park Golf Shop, 820 E. Donald Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/28/2021 d. S.A.C.'s Neighborhood Pub, 2000 Hawthorne Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 1/31/2021 e. South Hills Golf Shop, 1830 E. Shaulis Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/28/2021 f. Sycamore Convenience, 617-619 Sycamore Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 3/11/2021 g. Uni Mart, 1615 Bishop Avenue Class: B Wine / C Beer / E Liquor New Application Includes Sunday Expiration Date: 2/28/2021 h. Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street Class: A Liquor Renewal Application Includes Sunday Expiration Date: 1/14/2021 3. APPOINTMENTS a. Xavier Leonard Board/Commission: Leisure Services Expiration Date: March 1, 2023 Re -Appointment b. Theodore Batemon Board/Commission: Telecommunications Board Expiration Date: February 24, 2026 New Appointment 4. Cigarette/Tobacco Permit New Application for Ali's Corner, 1117 E. 4th Street. 5. Recommendation of appointment of Scott Brunson, to the position of Sanitation Director at the Public Works Sanitation Department, effective March 5, 2020, pending pre -employment requirements. Submitted By: Randy Bennett, Public Works Division Manager RESOLUTIONS Page 5 of 264 2. Resolution approving the Iowa Certified Local Government 2019 Annual Report, and authorizing the Mayor and Planning Staff to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution approving City/State Funding Agreement for Federal -Aid Swap Funding, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements, Phase I, Contract No. 1016, as part of the Department of Transportation's Surface Transportation Block Grant Program, in the amount of $1,080,000, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 4. Resolution approving award of contract to Dave Schmitt Construction Co. Inc., of Cedar Rapids, Iowa, in the amount of $115,029, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer EXECUTIVE SESSION Motion to adjourn to Executive Session 5. 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. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Friday, February 21, 2020 at 3:30 p.m., Council Budget Work Session, Harold E. Getty Council Chambers Monday, February 24, 2020 at 4:10 p.m. Council Budget Work Session, Harold E. Getty Council Chambers Wednesday, February 26, 2020 at 5:00 p.m., Council Budget Work Session, Harold E. Getty Council Chambers Thursday, February 27, 2020 at 4:30 p.m., Council Budget Work Session, Harold E. Getty Council Chambers Page 6 of 264 PUBLIC INFORMATION 1. Housing Authority Board Minutes of January 21, 2020. 2. January 2020 Community Development Board Meeting minutes and Public Hearing minutes. Page 7 of 264 CITY OF WATERLOO Council Communication Minutes of February 17, 2020, Regular Session, as proposed. City Council Meeting: 2/24/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 2/19/2020 - 9:38 AM ATTACHMENTS: Description Type ❑ Minutes of February 17, 2020 Backup Material Submitted by: Submitted By: Page 8 of 264 February 17, 2020 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, February 17, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Ray Feuss, Ward 5 Council Member 157421 - Juon/Amos that the Agenda, as proposed, for the Regular Session on Monday, February 17, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157422 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, February 10, 2020 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, thanked a council member for reminding the public to follow the rules for public participation and asked that the ordinance be changed to allow the public to speak more and limit council comments to three minutes for each comment. Tavis Hall, 218 Maryland, commented that the city is an overnight stop for RAGBRAI and thanked city departments for their help with planning the event. Mrs. Juon commented that she held a town hall meeting a few weeks ago but that only fourteen residents attended. Mr. Grieder commended the Waterloo Library on a recent event he attended there. He also commented that the Library has small information sheets available to the public that list all of the contact information for each council member and that he has scheduled a public forum on March 14' 2020 and hopes the public attends. Mrs. Klein commented that she does not have ward meetings because people do not attend. Instead, she has been going door to door talking to residents. Mr. Amos commented that he partners with councilperson Morrissey to hold ward meetings and agrees attendance is limited. He further commented that he has made it clear that he is accessible and often has telephone conversations with people in his ward. Mr. Morrissey commented that he has had a ward meeting every month since he started. He commented that he is irritated by the state legislature's attacks on home rule. Specifically, he is upset that a bill is coming forward that prevents cities and counties from enacting rules that allow the local governments to restrict citizens from carrying firearms into government buildings. 157423 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157424 - 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 February 17, 2020, in the amount of $3,144,260.89, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 9 of 264 February 17, 2020 Page 2 1. a. b. c. d. e. f. g. h. 2. Resolution adopted and upon approval by Mayor assigned No. 2020-98. 2. Resolution approving Variance to Noise Ordinance request from Friends of Heal the Family, hosting the 8th annual "Take Back the Community" event at Sullivan Park, August 22, 2020 from 11:00 a.m. to 4:00 p.m., including food, entertainment and live music, with use of a PA system. Resolution adopted and upon approval by Mayor assigned No. No. 2020-99. 3. Resolution setting date of the budget maximum levy public hearing as March 2, 2020 at 5:30 p.m. in the Harold E. Getty Council Chambers to approve the maximum levies as required by the new state law, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. No. 2020-100. 4. Resolution approving preliminary specifications, bid documents, etc., and setting a date of bid opening as March 12, 2020 and date of public hearing as March 16, 2020, for the purchase of one (1) Wide Area Rotary Mower, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. No. 2020-101. 5. Resolution approving preliminary specifications, form of contract, etc., and setting date of bid opening as March 12, 2020, and public hearing as March 16, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Replacement project, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. No. 2020-102. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rudy Jones Cedar Valley Coalition Washington, D.C. April 16-22, 2020 $1,790 Kelly Martin Retest - Lead Inspection Risk Assessor Certification - Third Party Test Cedar Rapids, IA February 18, 2020 $140 Kelly Martin Lead Abatement Contractor Certification - Third Party Test Cedar Rapids, IA February 21, 2020 $140 Jeremiah Luck, Equipment Operator Digital Full Print Commercial Lake in the Hills, IL March 22-24, 2020 $1,374 Workshop + Color Change Introduction Lt. Jensson and FF/Paramedic Van Dyke Fire Investigation School Ames, IA March 23 - April 3, 2020 $1,090 Garrett Gingrich, Paramedic EMS Refresher Hiawatha, IA January 24-26, 2020 $299 Matt Buenger, Engineering Technician *AMENDED* Iowa Department of Transportation Aggregate Technician Certification West Des Moines, IA February 3-6, 2020 $535 Wayne Castle, Associate Engineer Society of Land Surveyors of Iowa - 83rd Annual Land Surveyors Conference Ames, IA March 5-6, 2020 $460 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Page 10 of 264 February 17, 2020 Page 3 a. b. c. d. e. f. g. h. Amalgamated Local 838 UAW, 2615 Washington Street C Liquor w/Outdoor Service Renewal 2/28/2021 Buzz's Bar, 1016 Maynard Avenue C Liquor w/Outdoor Service Renewal 3/14/2021 x HyVee Food Store #1 Clubroom, 2834 Ansborough Avenue *Ownership Update* Special C Liquor New 10/17/2020 x HyVee Market Cafe' #3, 1422 Flammang Drive C Liquor w/Catering Renewal 3/15/2021 x HyVee C-Store #4, 3700 University Avenue *Ownership Update* C Beer New 11/1/2020 x Incredible India, 2822 University Avenue Special C Liquor New 1/27/2021 x The Snack Shack #2, 189 W. 1 lth Street E Liquor New 2/28/2021 x The Snack Shack, 189 W. llth Street C Beer New 2/28/2021 x 3. Recommendation of appointment of Matthew Hosford, to the position of Collection Systems/Project Director at Public Works Waste Management Services Department, effective February 24, 2020, pending pre -employment physical and testing. 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157425 - Amos/Morrissey that proof of publication of notice of public hearing on a request by Marvin Richardson and Charles and Bobbi Stocks to vacate an existing 14 foot wide alley, located adjacent to 136 Smith Street and 421 Cherry Street between Smith and Cherry Streets, as published in the Waterloo Courier on February 7, 2020, 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. Charles Stocks, 421 Cherry, commented that they are looking to buy part of their driveway. Marvin Richardson, 136 Smith, commented that he is the second generation to live in the home and that the alley way has been used as a driveway for as long as he can remember. 157426 - Amos/Morrissey that the hearing be closed and oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157427 - Amos/Morrissey that "an ordinance approving a request by Marvin Richardson and Charles and Bobbi Stocks to vacate an existing 14 foot wide alley, located adjacent to 136 Smith Street and 421 Cherry Street between Smith and Cherry Streets", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157428 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. Page 11 of 264 February 17, 2020 Page 4 Noel Anderson, Community Planning and Development Director, explained there have been no objections and that the Planning Commission vote to approve was unanimous. 157429 - Amos/Morrissey that "an ordinance approving a request by Marvin Richardson and Charles and Bobbi Stocks to vacate an existing 14 foot wide alley, located adjacent to 136 Smith Street and 421 Cherry Street between Smith and Cherry Streets", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5539. 157430 - Amos/Morrissey that "Resolution authorizing sale and conveyance of a portion of alley to Marvin Richardson in the amount of $599.76, and a portion of alley to Charles and Bobbi Stocks in the amount of $336.80", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-103. 157431 - Morrissey/Amos that proof of publication of notice of public hearing on a request by 3 Little Lambs, LLC, for the sale and conveyance of City owned property located at 1809 Black Hawk Street, in the amount of $1.00, and approving a Development Agreement for the construction of a new commercial building, as published in the Waterloo Courier on February 7, 2020, 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. Forrest Dillavou, 1725 Huntington Road, questioned if the owner of the property is a city employee, if the taxable value stays with the property, and if the property is in a TIF district. Noel Anderson explained that the buyer is a Waterloo fireman, and provided an overview of project, anticipated value and future taxes. He stated that the property is part of the Rath TIF district and the development agreement does allow the building to be sold. John Brundrett, 1827 Black Hawk Street, confirmed that he is a city employee and commented on his desire to develop the area. He explained that this will be the fourth property he has purchased on Black Hawk Street and with the development of this property, he will have invested approximately one million dollars. He further explained that he still owns and leases all three of the buildings, bringing four small business to this community which previously existed outside of town. Lawrence Wheeler, 433 Bratnober, commented he'd like to see Mr. Brundrett purchase additional properties such as the corner of Black Hawk and 18th Street to build a Firehouse Subs. 157432 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote- Ayes: Seven. Motion carried. 157433 - Morrissey/Amos that "Resolution authorizing the sale and conveyance of City property located at 1809 Black Hawk Street, to 3 Little Lambs, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote- Ayes: Seven. Motion carried. Mrs. Klein asked John Brundrett where is residence is located. John Brundrett stated that he lives at 100 Parkview Road, Denver, IA. Page 12 of 264 February 17, 2020 Page 5 Mrs. Klein asked how many city employees take advantage of these types of programs. Noel Anderson explained that the former city attorney, Jim Walsh, has purchased several properties through different LLC's, and a 657A property was sold to a city building inspector. Resolution adopted and upon approval by Mayor assigned No. 2020-104. 157434 - Morrissey/Amos that "Resolution approving a Development Agreement with 3 little Lambs, LLC, for the construction of a new commercial building, 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. 2020-105. 157435 - Feuss/Morrissey that proof of publication of notice of public hearing on a FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, as published in the Waterloo Courier on February 7, 2020, 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. 157436 - Feuss/Morrissey that the hearing be closed. Voice vote- Ayes: Seven. Motion carried. 157437 - Feuss/Morrissey 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. 2020-106. 157438 - Feuss/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-107. 157439 - Feuss/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $156,000.00 Bidder Bid Security Bid Amount Dave Schmitt Construction Co., Inc. Cedar Rapids, IA 5% $115,529.00 Lodge Construction, Inc. Clarksville, IA ° 5 /o $183,305.00 Pirc Tobin Construction, Inc. Alburnett, IA 5% $141,395.00 Tschiggfrie Excavating Dubuque, IA 5% $180,745.80 Peterson Contractors, Inc. Reinbeck, IA 5% $173,645.00 Voice vote- Ayes: Seven. Motion carried. RESOLUTIONS Page 13 of 264 February 17, 2020 Page 6 157440 - Klein/Feuss that "Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel -motel mini grant applications: for the Iowa High School State Bowling Tournament in the amount of $3,000 and Empowering the Men Youth and Adult Basketball Tournament, in the amount of 2,500", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-108. 157441 - Klein/Feuss that "Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $49,550, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2019-804", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned the cost of the other two contracts and commented that roads should be fixed before trails are extended. Jamie Knutson, City Engineer, commented that this action is on the agenda to correct the contract cost. He further explained the purpose of the other two agreements. Resolution adopted and upon approval by Mayor assigned No. 2020-109. 157442 - Klein/Feuss that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $65,500, in conjunction with the FY 2021 E. Shaulis Road Trail Extension, Phase II, Contract No. 1012, 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. 2020-110. 157443 - Amos/Morrissey that "Resolution approving Professional Services Supplemental Agreement No. 1 to the CRS Agreement, originally executed April 2, 2018, with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $2,033.80, in conjunction with the FY 2018 Ansborough Avenue Improvements, Contract No. 942, 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. 2020-111. 157444 - Amos/Morrissey that "Resolution approving award of bid to Parking -Inc., of Des Moines, Iowa, in the amount of $186,145, in conjunction with the Waterloo Parking Access and Revenue Control System project, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Six. Nays: One (Morrissey). Motion carried. David Dryer, 3145 W. 4th Street, questioned the purpose of the item. Noel Anderson provided an overview of the item. Mr. Boesen questioned if a revenue increase and expense increase will need to be added to the Republic Parking budget in the future. Noel Anderson explained that there is a representative of the company in the audience. Page 14 of 264 February 17, 2020 Page 7 Craig Buscher, Parking -Inc., 10975 NE 80th Street, Bondurant, IA, provided an overview of what services are included with the system as proposed, and the projected quarterly costs for the following year. Mr. Morrissey questioned the difference between the higher amount and lower amount since staff are recommending a higher bid. Craig Buscher explained the difference between the two bids. Noel Anderson explained the decision to move forward with one project at this time. Mr. Morrissey questioned what amounts were received from the other bidding party. Noel Anderson commented he did not currently have that information with him and explained why the choice was made to accept the bid from Republic Parking. Mr. Morrissey questioned what year the city is in with the contract with Republic Parking, Inc. Michelle Weidner, Chief Financial Officer, commented that the current contract term is July 20, 2015 through July 20, 2020 with probable extension periods. She further commented that the issue of free parking discussed in an earlier work session isn't feasible. Mayor Hart questioned if Mr. Morrissey wants to have free parking downtown as well as a free parking ramp. Mr. Morrissey commented that he is reluctant to vote on something when there are still discussions to be had as a result of several merchants who have expressed their desire to have parking meters removed to enhance downtown business. Michelle Weidner commented that this item is only for the parking ramp. Mayor Hart asked about feedback with the system at the Airport compared to the what was previous used. Keith Kaspari, Airport Director, commented that they have found the equipment and service to be outstanding. Mr. Boesen questioned if an additional request will be forthcoming for the east side ramp. Noel Anderson explained that at this time there are no improvements anticipated for the other ramp. Resolution adopted and upon approval by Mayor assigned No. 2020-112. 157445 - Amos/Morrissey that "Resolution approving award of bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $16,587,300, in conjunction with the Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and authorizing the Mayor to execute said documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-113. 157446 - Feuss/Grieder that "Resolution approving temporary parking along the southeast side of the 1000 block of S. Hackett Road, off of Greenhill Road, through June 30, 2020, to provide contractor parking for Frerich's Construction, during commercial construction located at 1009 S. Hackett Road", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-114. 157447 - Feuss/Grieder Page 15 of 264 February 17, 2020 Page 8 that "Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as February 27, 2020 and date of public hearing as March 2, 2020, for the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017, and instructing the City Clerk to publish said notice", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-115. ORDINANCES 157448 - Morrissey/Amos that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (157a) to Section 551, Parking Prohibited At All Times On Certain Streets, as follows: Grindstone Circle, east side between Darby Drive and Mourning Dove Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157449 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco explained there have been no objections and that the timing is important due to snow removal. 157450 - Morrissey/Amos that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (157a) to Section 551, Parking Prohibited At All Times On Certain Streets, as follows: Grindstone Circle, east side between Darby Drive and Mourning Dove Drive", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5540. 157451 - Amos/Morrissey that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue", be received, placed on file, considered and passed for the third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5541. 157452 - Juon/Amos that the council adjourn to Executive Session at 6:24 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Martin Petersen stated that discussion on the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j). EXECUTIVE SESSION 157453 - Morrissey/Klein that the council adjourn Executive Session at 6:45 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 157454 - Morrissey/Klein that the Council adjourn at 6:45 p.m. Voice vote -Ayes: Seven. Motion carried. Page 16 of 264 February 17, 2020 Page 9 Kelley Felchle City Clerk Page 17 of 264 CITY OF WATERLOO Council Communication Proclamation declaring February 24, 2020 as Bruce Aune Day. City Council Meeting: 2/24/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kendra Approved 2/17/2020 - 3:25 PM Clerk Office Higby, Nancy Approved 2/18/2020 - 9:51 AM ATTACHMENTS: Description Type ❑ Bruce Aune Day Cover Memo Submitted by: Submitted By: Page 18 of 264 PROCLAMATION CITY OF WATERLOO, IOWA WHEREAS, Bruce Aune has spent the past 34 years earning the trust and loyalty of eastern Iowa television viewers as the evening news anchor at KCRG-TV9 in Cedar Rapids; and WHEREAS, Bruce Aune has delivered breaking news, good news and heart - wrenching news with the compassion and professionalism of the highest journalistic standards; and WHEREAS, Bruce Aune's unwavering commitment to his craft has helped shape countless journalists who have worked with Bruce in the newsroom; and WHEREAS, Bruce Aune has traveled the world and seen the mightiest to the weakest of humanity, while always demonstrating the ability to tell the story with accuracy, fairness, and empathy; and; WHER�.S, the Iowa Broadcast News Association honored Bruce Aune with its highest individual award, the prestigious Jack Shelley Award; and WHEREAS, Bruce Aune has been a true treasure to eastern Iowans who have graciously welcomed him into their living rooms to deliver the news. NOW, THEREFORE, I, Quentin Hart, on behalf of the citizens of Waterloo, hereby proclaim Monday, February 24, 2020, $RucE AuivE DAY I urge all citizens to take part in recognizing and honoring the many contributions that Bruce Aune has made to our community and wish him the best on his retirement. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 24th day of February 2020. ATTEST: Kelly Felc 4'e Quentin Hart City Clerk Mayor O Page 19 of 264 CITY OF WATERLOO Council Communication Resolution approving order accepting Acknowledgement/Settlement Agreement and check for $300 from B & B East, 1615 Bishop Avenue, Waterloo, Iowa, for sale of tobacco to minor violation-lst offense. City Council Meeting: 2/24/2020 Prepared: 2/13/2020 REVIEWERS: Department Reviewer Action Date Legal Higby, Nancy Approved 2/19/2020 - 9:20 AM Clerk Office Higby, Nancy Approved 2/19/2020 - 9:21 AM ATTACHMENTS: Description SUBJECT: Submitted by: Recommended Action: Type Resolution approving order accepting Acknowledgement/Settlement Agreement and check for $300 from B & B East, 1615 Bishop Avenue, Waterloo, Iowa, for sale of tobacco to minor violation-lst offense. Submitted By: Martin M. Petersen, City Attorney Approve Acknowledgement/Settlement Agreement and check for $300.00 payable to the City of Waterloo. Give Mayor and City Clerk authorization to sign and execute Order. Page 20 of 264 C ELT F WATERLOO, [1C0)M/A CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 February 24, 2020 Mayor Quentin Hart and City Council City Hall Waterloo, IA 50703 Re: B & B East, 1615 Bishop Avenue, Waterloo, Iowa, 50703 Dear Mayor Hart and Council Members: I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. A copy is enclosed for your records. I have also enclosed an Order form accepting this Agreement in lieu of a public hearing and concluding this matter. Please approve and sign this Order at your next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. Thank you for your assistance. Please call me if you have any questions. Sincerely, Martin M. Petersen Waterloo City Attorney mmp:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 21 of 264 IN RE: B & B EAST ACKNOWLEDGMENT/ 1615 BISHIOP AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA 50707 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of $300.00 made payable to the City of Waterloo to settle the above - referenced complaint, The above -captioned permit holder hereby waives all jurisdictional claims. Date: •— 2,, 0 2 v NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: Martin M. Petersen, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. Page 22 of 264 Page 23 of 264 CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 February 11, 2020 B & B East 1615 Bishop Avenue Waterloo, Iowa 50707 Re: B & B East, 1615 Bishop Avenue, Waterloo, Iowa, 50707 The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 2nd day of March, 2020, at 5:30 p.m., in the Council Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense regarding the mandatory $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation of §453A.2(l), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to Martin M. Petersen, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than ten (10) business days prior to the hearing date. With this Acknowledgment/Settlement Agreement, you must include a check in the amount of $300.00 made payable to the City of Waterloo. This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) and will conclude the matter. If you have any questions, you may reach me at (319) 291-4327. If you have obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, Martin M. Petersen Waterloo City Attorney ,11),_,QA-ELY-tu mmp:sda Enclosures: Hearing Complaint, Acknowledgment/Settlement Agreement CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 24 of 264 IN RE: B&BEAST 1615 BISHOP AVENUE WATERLOO, IOWA 50707 HEARING COMPLAINT/ FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above -named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about December 26, 2019, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against B & B East, 1615 Bishop Ave., Waterloo, Iowa 50707. t--)1 1,L4o .ski) Martin M. Petersen Waterloo City Attorney Page 25 of 264 •Viable «= urripieie i Establistjment No Lon er1�o 'Not - 5 � Ids a Valid Tobacco=Ale fnafiv� { -Nicotine or o:Pro' ..r duc�Eerrii'it��'-:�';�°`:' G Establis lment is ;Out of �iis' ,.: _= I?,• _ `:: YEstablshrnenf is d esi nateo g _•n .,Ilnsattsfactory�Condition satisnaco Uftr ,C,. ry, ondifion:<_Verfed b`ABDIrtvesfi 'atop :' ', Offcer:Conducted = Wgiicghlot gh::of the Prerrjises' ;(, nafion fiequired in:Comme�ts Section Below = none`of tfie'above reasons apply,--:.* treason and ezp(anation on: ackef the form=see page 4 for rea`sorj lf:Unab=/e;fo''Co nplefe: ti eyCo npliance,Ci►eck;(checkorie stablishmo0h s a-VALIDD PERMIT:but Does NotSellsTobacc Jternat ve Nicotine or:Vapor _Products; n =`.:...; _ 1. Permit Status Verified.:by City CIerk o 'Cdi ntv Ai ditof ` befor..e your efep Ninon t•ti a N'Dt1C` Officer; Page. 26•'of. 264 IOWA INCIDENT REPORT WATERLOO POLICE DEPARTMENT 715 MULBERRY ST WATERLOO , IA 50703 (319) 291-4340 Case Number W19-105131 Date/Time of Report 12/26/2019 15:48 Hrs Status 03 - CLEARED BY ARREST SUMMARY County BLACK HAWK - 07 Report Type 0 - INITIAL INCIDENT ORI Number IA0070300 Is Date and Time of Incident Known? Yes Incident Date or Lower Date Range 12/26/2019 Upper Date Range Incident Time or Lower Time Range 15:45 Hrs. Upper Time Range Hrs. Day of Week Incident Occurred THURSDAY Exceptionally Clea ed N - NOT APPLICABLE Date Cleared Exceptionally INCIDENT REPORTED BY Was Incident Reported by a Victim? NO Reporting Victim's Sequence No. Name - Last First Middle Suffix OFFICER KEMP Business Name (if Incident was Reported by a Business) Address 715 MULBERRY ST City State Zip Code WATERLOO IA 50703 Home/Cell Phone Work Phone (319) 291-4340 EXT. 2 OFFENSE 001 Seqq. No. 001 Ordinance STATE Code Section 453A.2(1) UCR Offense Code ALL OTHER OFFENSES - 90Z Charges/Offen e PROVIDING TOBACCO TO A MINOR- 1ST OFFENSE Attempted/Completed C - COMPLETED Type of Criminal Activity (up to 3) Type of Weapon/Force Involved (up to 3) 99 - NONE Gang Information (up to 2) N No. of Premises Entered Method of Entry N - NO FORCE Offender Suspected of Using (up to 3) N - NOT APPLICABLE LOCATION OF OFFENSE Location Type 07- CONVENIENCE STORE X Coordinate 558087.312 Y Coordinate 4705328.5 Literal Description 1615 BISHOP AVE VICTIM 001 Type of Victim S - SOCIETY/PUBLIC Sequence No. 001 Business/Organization/State/County/Municipality Name Address City State Zip Code Phone VICTIM CONNECTED TO UCR OFFENSE CODES UCR Offense Code 1 ALL OTHER OFFENSES - 90Z UCR Offense Code 2 UCR Offense Code 3 UCR Offense Code 4 UCR Offense Code 5 UCR Offense Code 6 UCR Offense Code 7 UCR Offense Code 8 UCR Offense Code 9 UCR Offense Code 10 ADDITIONAL OFFENSE CIRCUMSTANCE INFO Aggravated Assault/Homicide Circumstances (up to 2) Additional Justifiable Homicide Circumstances END OFFENSE 001 OFFENDER 001 Type of Offender 01-- Offender Sequence No. 001 NIBRS Offense Sequence Numbers 001 Lesser Offense Sequence Numbers Name = Last ` First Middle Suffix BECK MOKEY ALLEN Aliases) Address City State Zip Code 2135 INDEPENDENCE AVENUE WATERLOO IA 50707 Home Phone (319) 433-5834 DOB Known? : DOB Age or Lower Age Range Upper Age Range YES ,! 04/09/1967 52 SSN 478-78-8550 Resident Status R - RESIDENT Drivers L'cense - Number printed At: ;WATERLOO POLICE DEPARTMENT State Gender Height Weight Eye Color 12/27/2019 7:42 AM Hair Color Page 1 Form #: ID1'a(li¢51327 of 264 802ZZ6726 IA M - MALE 5' 11" 250 LBS GREEN - GRN BROWN-BRO Skin Tone FAIR - FAR Race W - WHITE Ethnici y N - NOT OF HISPANIC ORIGIN Scars/Marks/Tattoos Offender Present When Officer Arrived? YES Type of Injury (up to 5) N - NONE EMPLOYMENT OR SCHOOL INFO Employer or School B & B EAST Occupation Address 1615 BISHOP AVENUE City WATERLOO State Zip Code IA 50707 Work Phone (319) 433-5834 ARREST INFO Offender Arrested? YES Arrest Trans. Booking No. 01 Type of Arrest S - SUMMONED/CITED Arrest Date Arrest Time 12/26/2019 15:48 Hrs. Associated Offense Sequence No. 001 Miranda By Miranda Date Miranda Time Hrs. Arrestee Condition S- SOBER Arrestee Armed With (up to 2) 01-UNARMED Place of Birth ; WATERLOO, IA Multiple Arrestee Indicator Additional Incidents Cleared N - NOT APPLICABLE JUVENILE INFO Parent/Guardian Contacted? Name - Last First Middle Suffix Address City State Zip Code Home Phone Work Phone Juvenile Arrestee Disposition END OFFENDER 001 OFFICER'S INVESTIGATIVE NOTES On Thursday, December 26, 2019 at approximately 1545 hours, officers conducted a tobacco compliance check at the listed business. Said officer observed the listed offender (Beck) working behind the counter of the business. An under aged person came into the store and asked for a box of Marlboros Reds in a box. Beck grabbed a box of Marlboro Reds and placed them on the counter. Said officer heard Beck ask for the person's id. After looking at the id Beck proceeded to take a $20.00 bill from the under aged person, place the $20.00 bill in the cash register and proceed to give the under aged person the change for the purchase of the cigarettes. The'underaged person then placed the change on the counter along with the cigarettes and proceeded to leave the store. Said officer then showed -Beck his police identification and advised him that he just sold cigarettes to an under aged person. Beck claims that he looked at the person id, rattled off an unknown month and day but said the year was 2002. The under aged persons date of birth is 08/10/2002 which make the person 17. The id also says that the person is under 18 until 08/10/2020. Said officer advised Beck that he would be issued a citation in lieu of arrest. Beck questioned why. Said officer explained that he sold to an under aged person. Beck said he doesn't work at the store but yet he was working the cash registered with a customer before and after the sale of cigarettes to the under aged person. I asked Beck if there was a calender which shows the date someone has to be in order to purchase cigarettes. He told me the store doesn't have one. When asked if the store had a scanner that automatically states whether or not the person is of age, Beck advised me no. I suggested that Beck advised management to have those items installed. Beck asked me why he would do that since he doesn't work there. It should be noted that there were no other employees present nor was any owner present during this incident. Said officer returned to the store to issue the citation in lieu of arrest. Beck was explained what he needed to do by appearing in court and that his signature was not any admission of guilt but simply that he was going to appear in court. Beck said he was going to contest the citation which I explained that he could. Beck also told me that the under aged person had their thumb covering his date of birth. I explained to Beck that he was actually holding the id so that would be an incorrect statement that the under aged person was holding his thumb over the date of birth. When I returned to issue the citation, I had to wait behind a couple of customers. During this time I observed Beck continue to work the cash register, work the lottery machine where he issued lottery tickets to customers. Case closed with an adult arrest. OFFICER Complainarit/JReporting is Party Signature l Reporting Officer KEMPI GREGORY Badge Number K3648 Supervisor HEWITT, ROBERT Badge Number H3551 i Video taken? (Check All That Apply) 00-NONE Evidence Seized? NO Photos Taken? NO Printed At: WATERLOO POLICE DEPARTMENT 12/27/2019 7:42 AM Page 2 Form#: F��g28 of 264 Incident Assigned To PATROL Printed At: WATERLOO POLICE DEPARTMENT 12/27/2019 7:42 AM Page 3 Form#: lateri '29 of 264 Charges, Dispositions, Sentences Title: ST VS BECK, MOKFY ALLEN Case: 01071 STA0191295 (BLACK HAWK) Citation Number: W 1910513 Defend BECK, MOKFY ALLAN ant: Count 01 Charge e: Charg 453A.2(1) Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR tion: PRODUCT TO MINOR - 1ST OFF Offens Arrest 12/26/2019 e Date: Date: DPS Number: Adjudication e: Charg 453A.2(1) Against Type: Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR P tion: RODUCT TO MINOR - 1ST OFF GUILTY - Adj.Dat Adj.: NEGOTIATED/VO e: 01/03/2020 LUN PLEA Adj.Ju dge: Comm FELDKAMP, HEATHER ents: Sentence Charg 453A.2(1) Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR P e: tion: RODUCT TO MINOR - 1ST OFF Senten 01/03/2020 Sentenc FINE ce Date: e: Appea Facilit y Type: Restit ution: N Sen.Jud FELDKAMP, HEATHER ge: Attorne N y: Drug: N Extradition: Page 30 of 264 Fine Amount: Register CN=John Q Public,O=JUDICIAL Page 31 of 264 Financials Title: ST VS BECK, MOKEY ALLEN Case: 01071 STA0191295 (BLACK HAWK) Citation Number: W1910513 Ori Paid COSTS 60.00 60.00 FINE 100.00 100.00 SURCHARGE 35.00 35.00 RESTITUTION 0.00 0.00 OTHER 0.00 0.00 Summary Due 0.00 0.00, 0.00 0.00 0.00 $195.00 $195.00 $0.00 Page 32 of 264 r, Oae:ir ren Iowa Retail Permit Application _F\ VJE N It I-- for Cigarette/Tobacco/Nicotine/Vapor https://tax.iowa.gov Instructions on the reverse side For period (MM/DIDNYYY) / / through June 30, ) I/we apply for a retail permit to sell cigarettes, tobacco, alternative nicotine, or vapor products: Business Information: Trade Name/DBA Physical Location Address /6 / iie) city a61-'6,62) zIp Mailing Address / (912 City 1/0 State / ZIP .0071.)-/ Business Phone Number S) 8 t.;---M Legal Ownership Information: Type of Ownership: Sole Proprietor 0 Partnership 0 Corporation L C LLP / irY1 6A Name of sole proprietor, partnership, corporation, LLG, or LLP ti—Utc-,,,A\ I caA.t\Ci Mailing Address Mi 5- i8,t.\* It op 41/ (2, City (1-tt5i,(State / A ZIP 0-;--ci7 Phone Number '-"R'7.-2.,) D-2 I, Fax Number Email Retail Information: Types of Sales: Over-the-counter Vending machine 0 Do you make delivery sales of alternative nicotine or vapor products? (See Instructions) Yes CI No 0 Types of Products Sold: (Check all that apply) Cigarettes r?gt. Tobacco tfts Alternative Nicotine Products' Vapor Products l Type of Establishment: (Select the option that best describes the establishment) Alternative nicotine/vapor store El Bar 0 Convenience store/gas station Drug store El Grocery store 0 Hotel/motel 0 Liquor store 0 Restaurant El Tobacco store 0 Has vending machine that assembles cigarettes 0 Other o If application is approved and permit granted, I/we do hereby bind ourselves to a faithful observance of the laws governing the sale of cigarettes, tobacco, alternative nicotine, and vapor products. Signature of Owner(s), Partner(s), or Corporate Official(s) Name (please print 1 L.V.,i1 .-riA-Rra 13 Se?Name (please print) Signature (7_. Signature Date 0 4,— 7 Date Send this completed application and the applicable fee to your local jurisdiction. If you have any questions contact your city clerk (within city limits) or your county auditor (outside city limits). FOR CITY CLERK/COUNTY AUDITOR ONLY — MUST BE COMPLETE a Fill in the amount paid for the permit: ) ) C ) ; ' ) Send completed/approved application to Iowa Alcoholic I, Fill in the date the permit was apprOved Beverages Division within 30 days of issuance. Make sure by the council or board: '., l 7 ' I 1 the information on the application is complete and accurate. A copy of the permit does not need to be sent; ® Fill in the permit number isstied by ---- ) only the application is required. It is preferred that the city/county: applications are sent via email, as this allows for a receipt ® Fill in the name of the cly o( cpunty , , confirmation to be sent to the local authority. issuing the permit: o Email: iapledge@iowaabd.com O New El Renewal ,Efl, . Fax: 515-281-7375 70-014a (06/22/17) Page 33 of 264 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, in conjunction with the FY 2021 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/18/2020 REVIEWERS: Department Reviewer Action Code Enforcement Even, LeAnn Approved ATTACHMENTS: Description Type ❑ 2020 Mow Contract Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Date 2/19/2020 - 12:07 PM Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, in conjunction with the FY 2021 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Submitted By: Martin M. Peterson, City Attorney Approve specifications, etc. and taking bids and set the date of bid opening, hearing and award of contract. Dependent upon the upcoming contractor bids. Code Enforcement Other Contractual Services Line Item 525-15-5125-1390 Page 34 of 264 REQUEST FOR PROPOSALS 2020 COMPLAINT MOWIN S WITH COMPLAINT SNOW REMOVALS The City of Waterloo is soliciting proposals to provide equipment and labor for mowing of City of Waterloo complaint properties and removal of snow from complaint properties (the Services") on a scheduled or as -needed basis_ All proposals shall include a complete price quote. Conditions governing the Services are contained in Exhibit "A', the proposed form of Contract, attached to this RFP and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, March 19, 2020 at 1:00 p,rn„ Central Tme (our clock) in order to be considered. The City Clerk's affce is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted_ The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFP FOR 2020 MOWINGS AND SNOW REMOVAL," and the name of the company submitting the proposal_ The City is not responsible for delays occasioned by the U,S, Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not property identified. Proposals will be opened on Thursday, March 19, 2020, at 1:00 p.m. Central Time in the City Clerk's office at City Hall, 715 Mulberry Street, Waterloo, The main purpose of this opening is to reveal the narne(s) or the Proposers), not to serve as a forum for determining the awarded proposal(s)_ $. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor") for the City will be those described in the form of Contract attached hereto as Exhibit "A" and the Specifications, which generally include but are not limited to mowing complaint properties on an as -needed basis, and removing snow and ice from complaint properties on an as -needed basis. C. REQUIRED INFORMATION: 1. See the Waterloo Code Enforcement Department bd forme_ Al] bids must be submitted on said bid form_ 2, Important Exceptions to Contract Documents --The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP_ Such exceptions or deviations will be considered in evaluating the proposals_ Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. 3_ Incomplete information — Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non -responsiveness. Page 35 of 264 D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein- The City will evaluate proposals in Light of all factors it considers relevant, including but not limited to price, prior dealings, reputation. knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP- 2- The City reserves the right to accept or reject any or all proposals and to wave any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3- The City may select a proposer based on an 'all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposers submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluatiort- 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Councik- 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A"- 7. In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder- The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, March 19, 2020. E, MISCELLANEOUS 1- Questions regarding Code Enforcement will be directed to Maria Downing in the Code Enforcement Department, 319,91-380, Monday through Friday from 7:00 a.m, to 3:00 p-m- 2. This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals- F. GENERAL TERMS AND CONDITIONS O.F PROPOSAL 1. GUAG E. WORDS USED INTERCHANCxEAQ — The word CITY refers to the CITY OF WATERLOO, IOWA throughout these 'Instructions and Terms and Condition$. Similarly, PROPOSER refers to the parson or corlpeny submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2- PROR05ER QUALIFICAT S - No P7opooa I shall be nc vted from, and nu contract will be awarded to, any person, firm or corporation that i5 in arrears to the City upon debt or contract, that is a defaulter, as surety Or otherwise, upon any obligation to the City, or that aS deemed irresponsible or unreliable by the City. If requested, Proposers shall be required Io submit satisfactory evidence that they have a practical knowledge of the particular supplyiserviae proposal and that they have the necessary financial resources to provide the proposed supplyIservioe as described in this request for Proposal. 3. SPECIFICATION DEVIATIONS 8Y THE PROPOSER - Any deviation from this specification MUST be noted in detail, and submitted in venting in the Proposal. Completed speoiW-ations should be attached for any 5aabstitutiorts offered, or when amplifications are desirable or necessary. The absence of the specification deviation Statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. F$Ilure to submit this document of specification deviation, if applicable, Shall be grounds for rejection of the item when offered for delivery, If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be dearly shown on each & in ent- «r r, FOF MOWI NG & SNOW REMOVAL SF':R V (CES 2020 Page 36 of 264 4. SPECIPICATEON CHANGES, ADDITIONS ASID QELET1 ON - Au changes in Proposal documents shall be through written. addendum. Verbal infonratian obtained otherwise will NOT be considered in awarding Of Proposals, 5 PROPOSAL CHANGES - Proposals- amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 5. HOLD HARMLESS ACRE MENT • The Contractor agrees to protect, defend, indemnify and hold harmless the City of Vilatelloo, ifs offjciaEs, officers. employees and agents, from and against any and al; claims and damages of every kind ar d nature made, renii red or incurreil lay ar in behalf of every person ar company whatsoever, including the parties hereto and their employees, that may arise, occur, or grow ou1 of any acts, actions, work or other activity done by the Contractor, its employees. Subcontractors pr any Independent contractors working under the direCtrors of either the Caniractor or sub04ntractor in the performance Of the Contract. 7. PROPOSAL CURRENCY ANGUAGE - AEI proposal prices shall be shown in CIS Dollars {$}. All prices muSt remain firm for the duration of the Contract regardless Of the exchange rate. All proposal responses must be Submitted in English. a. PAYMENTS - Payments will be made for all goadsfservices delivered, inspecte0 and accepted within 30 days after acceptance and on receipt of an original invoice 9- MODLFIC ATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies. or any matter requiring explanation or interpretation, must be inquired into by the Proposer ,r, writing at least 72 hours {excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or rnodifiC.ations will be in the form of written addenda. All addenda sha]f became part of the contract docurrients and shall be aclimowledged and dated on the signature page. 10, LAWS AND REGULATION - All applicable State of lows anti federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the sward throughout as the case may be, and are incorporated herein by reference. 31. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the priors written approval by the City- 12. ELECTRONIC SUBNICTTAL-Telegrap1iiC andlor proposal offers Sent by electronic devices (e.g. faosinnEle fnaoh ines} are not acceptable and will be rejected upon receipt. Proposers will be expeded to allow adequate tirr:e far deli,reryoftheir proposal either by airfreight- posh] service, or other me2ns- 13. CAHCELLATIQN - Either party may cancel the contract in the event that a petition, either voluntary or involuntary- is filed to docl7ro the other party b nkrrtpt ar insolvent or in the event Lhat such party makes an assignment for the tenet of cred tOrs- 14. ASS [GNMENT- Proposer shall not assign the contract or any monies to be0ome due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City Shell be void 15 TAXES - The City of Waterloo is exempt from sales taX and certain other use taxes. Any Charges for taxes from which the City ts exempt will be deducted from invoices before payment is made. 16, PROPOSAL INFDRMATION IS PUBLCC— Alldocuments submitted with any proposal and the proposal e]iall become public documents and subject to ]owe Code Chapter 22. which is otherwise known as the "Iowa Open Records t-aw' Ely submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognize RI is and waives any claim against the City of Waterloo and any of its Officials- officers and employees relating to the release of any document or inforrnatbOr, submitted. Each submitting party shall hold the City of Waterloo and its officials, officers and employees harrnles5 from any clairnS arising from the release of any docurrient or Inforrnelion made available Io the City of waterloo arising from any prap45al opportunity Kr, pQ . MOwim.; sr;tow REMOvgt, wiz VICE -2020 PRa446337 of 264 EXHIBIT A CONTRACT PROVISIONS C;I lY OF WATERLOO. IOWA CODE ENFORCEMENT DEPARTMENT CONTRACT For 2020 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL This Contract for Complaint mowing and Snow removal (the "Contract") is made and entered into on 2020, by and between the City of Waterloo, lowa (the "City"), and (the "Contractor"), I . The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform ail work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d_ Instruction to Bidders e. Signed copy of Bid f_ General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within twenty-four (24) hours atler the City issues a "Notice to Proceed" and to complete the work within the given timcframe. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following= a) The Contractor will remove all litter, garbage, or junk on vacant Tots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weedlgrass or snow removal at their own cost. b) Contractors will abide by ordinance sections a. 7-i-2B(l) Contractors will not be pennitted to transfer snow onto or across any city street or alley. In tixe event snow is transferred into the street, it shall be removed by the Contractor_ b_ 7-l-2F Contractors will not be permitted to blow vieedslgrass onto or across any street or alley_ In the event weeds/grass is transferred into the street it shall be removed by the Contractor &quest For Proposals: Mow'mgand Snow Rprno}val Services — Prapaq d Contract— ragi 1 Page 38 of 264 c) Contractors shall bag d1 weeds/grass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa, d) Contractors are not to mow or trim any flowers or gardens unless specified by the Code Enforcement Department, e) Contractors will trim around all trees, telephone poles, fences. structures, curbs and on the backside of alleys_ fi Contractors must have a camera that will time stamp and date photos. Photos must be taken of the property before work begins and when the work is finished_ g) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each set of photos taken while at at property. h) The City o'Waterloo will not: be obligated to pay the full amount for referral work when all necessary photos required by the Contractor have not been turned into our office. i) In the event the Code Enforcement Department finds that the Contrector did not fulfill its obligation, the Contractor will be required to go back to the property al no additional cost to the city or owner of the property. j) During snow removal, the sidewalks will be cleared the width of the sidewalk and to the wncrete unless ice prevents such removal_ In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a mixture of both, k) Charges for sand, salt or both will be determined by following: The owner shall be charged $15 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence. if the property is located on a corner lot the owner of the property shall be charged 30 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks_ I) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcement Department, m) The owner shall be charged one amount of 15 minutes travel time in addition to all other fees applied per referral, n) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor_ o) Unless prior approval has been given, the City of Waterloo will only be obligated to pay for the work of two people per referral, 4_ The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. S_ Except as to any negligence of City, its officials, officers, employees or agents irk the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnity City, its officials, officers, employees and agents. and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible For all damage to public or private property, If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. Rolu4s! Prnparuls; Mum. ing and Snow. R moved Scrviccs - Prupased Com rgci - I'agc 2 Page 39 of 264 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but 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. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted_ The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed_ or other reasonable cause. 9_ In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days aver notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, andfor take whatever other action at law or in equity may be Necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach them City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover forte continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times_ In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of term i nation. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing referral work, the Contractor must notify the City of Waterloo at lust two (2) weeks in advance including who will be fining in fur them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of not,7e shall be deemed to occurs) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. Raquesi For Propmals.: Mowing and Snow Removal Servxts — Proposed. C':'rir:! vi Pasc } Page 40 of 264 14, Nothing in this Contract shall, or shall be deemed or construed to, creme or constitute any joint venture, partnership, agency, employment, or any other relationship between the prarties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person- Contractor is an independent Contractor. 5, This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in fun force and effect. if, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written., but that by limiting such provision it would become vat id, legal, and enforceable, then such provision shalt be deemed to be written and shall be construed and enforced as so limited 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof This Contract may not be modified or amended except by the mutual written agreement of the parties- 18. 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 instnumerrts made a pant of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" attached hereto. LN WITNESS WHEREOF, the parties have executed this Contract for Complaint Mowing and Snow Removal by their duly authorized representatives as ot'the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor City Clerk Name of Contractor By: Title: RnquCst For Prupossls: Mowing and Snow Rcmrnal Services - Proprvcd Conlraci - 9 Page 41 of 264 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2020 COMPLAINT MOWFNGS WiTH COMPLAINT SNOW REMOVAL RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, lowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, March 19, 2020, until 1:00 p.m, for the 2020 COMPLAINT MOW1NGS WITH COMPLAINT SNOW REMOVAL as described in the plans and specifications now on file in the City Clerk's office and the Code Enforcement Department_ OPENING OF BIDS All proposals received for the 2020 COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL will be opened in the City Clerk's Office in City Hall, Waterloo, Iowa, on Thursday, March 119, 2020, at 1:00 p.m., and the proposals will be referred to the Code Enforcement Department fort recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2020 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL et the City Council Meeting, Monday, March 23, 2020. The hearing will be held in the City Council Chambers in Waterloo City Hall_ The contract documents are on file in the City Clerk's office, 715 Mulberry t_, and the Code Enforcement Department, 626 Mulberry Street, Waterloo, lowa For public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary to rnow andlor remove snow from the designated areas in accordance with these specifications_ CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 15, 2020, through March 31, 2021. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Code Enforcement Department, The bidder shall bid on a per unit price (WI'I-1-I EAC11 "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED Ali bids roust be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Anion in Iowa chartered under the laws of the United Stag or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars (S1,500.00), which certified check, certified sham draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing and snow removal 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, the hid security may be. retained by said City as agreed liquidated damages, I bid bond is used, it must be si od by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney_ NOTICE TO BIDDERS Pap: 1 of 2 Page 42 of 264 CONTRACT AWARD The Code Enforcement Department has divided the contract into five (5) areas as indicated on the [lid Form_ Each is severable from the others and may be the subject of a separate contract, The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -option or a total basis, is most advantageous to the City, and the Code Enforcement Department price and other factors considered_ The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Code Enforcement Department such that the award is made within thirty (30) days after bid open ing. The City reserves the right to waive any and all parts of a specific bid. BOND 'The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance ol'the bid, in the amount of Twenty Thousand Dollars ($20,000.00), The Bond is 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 less the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROCRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update befc3re beginning work on the project, if they have been awarded an aggregate of $ 1 0,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be bas d on the actual number of acres mowed during the previous period. A detailed bill or completed work must be received and approved by the Code Enforcement Department for Complaint Mowing with Complaint Snow Removal located at 626 Mulberry St., Waterloo, Iowa before payments will be made. Actual number of acres mowed must agree with numbers recorded by the Code Enforcement Department. The billing shall include: • Address of properties • Pictures of properties prior to mowing/snow removal • Pictures of properties when mowing/snow removal completed • Fence line pictures ofneighboring properties_ (claiming damage protection) • Pictures to be dated & time stamped • Area or time billed for (depending on bid proposals) • Extra material used (salt) Published by order of the City Council of said City of Waterloo. Iowa, on the day of ,70 0 City of Waterloo, Iowa, Kelley Felchle, City Clerk NOT R :F: roBIDDERS F'cvrt 21.i2 Page 43 of 264 CITY OIL WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT INSTRUCTION TO BIDDERS 1. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals 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 he in the form of an amendment of the Request for Proposals and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Bid 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 Code E,nforeement Department. Before submitting a bid, each bidder shad carefully read the specifications and all other contract documents_ Each bidder shall be fully inforrrted, prior to the bidding, as to all existing conditions and limitations under which the work is to be perforated 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 ofa 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 heroin written out in full. III. LATE BIDS AND MODIFICATIONS OR WITH]1RAWAL Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids will not be considered_ I lowever, 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 if is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and 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 hid shall execute and include with the bid, a NonoISusion Affidavit in the form hereto provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. INSTRUCTION TO BIDDER5 1 of =. Page 44 of 264 B. Each bidder submitting a bid shalt have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the fornn herein provided, to the effect That it 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. MBEIWDE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo I BE(WBE Contract Compliance Program_ City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 62.0 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 II. EMPLOY AND BUSINESS OPPORTUNITY 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 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 project 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. VIT[. STATEMENT OF BIDDER'S UALIFICATiONS Each Bidder shall, upon request of the Code Enforcement Department submit on the form furnished a statement of the Bidder's qualifications, hisJherexperiencc record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement_ The Code Enforcement Department 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 Code Enforcement Department 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 Code Enforcement Department that the Bidder is qualified to carry out properly the terms of the Contract ILEXEUVN OF AGREEMENT I ND�LND C'ERT F'I ATE 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_ 8, 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 Tess 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 it in performing the INSTRUCTION ro BIDDERS Pug,: 2 Cif 3 Page 45 of 264 work, Such bored shall be in the same Form as that included in the contract 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 it 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 same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its 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. 1 f a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City of Waterloo, or Code Enforcement Department for a refund. INSTRUCTION TO BTDDEkS Pre¢ 3 of 3 Page 46 of 264 CITY OF WATERLOO, 1OWA CODE ENFORCEMENT DEPARTMENT GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these tens shall be clef -mod as follows: Contract - meats the Contract or Agreement executed by and between the City of Waterloo and the Contractor_ Owner or Local Public Agency (LPA) - morels the Code Enforcement Department. Contractor- means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. 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 when required), erintendence 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 Code Enforcement Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. 'file Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out andbe responsible for all work executed under this Contract The Contractor shall verify all information before proceeding with the work and 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 Code Enforcement Department/City of Waterloo. The Contractor shall not commit or permit any act in 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 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 Code Enforcement Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is cornrenced until final completion and acceptance, except when work being perforated does not require protection. The Contractor shall be responsible for any Toss of work, materials, equipment or time due to GENERA , CONDITa(N. Page 47 of 264 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 Reguirements 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 City or the Owner_ Trees and shrubs located in or near the project arca shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liubili insurance The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional. insured on all insurance. Such coverages shall be primary, non- contributing and contain waivers of subrogation against any coverage held by the City, Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force_ Insurance coverages shall comply with the limits specified below: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Limits of Liability Statutory $500,000 1,000,000 each occurrence $1,000,000 each occurrence 1,000,000 each occurrence $5,000,000 1,000,000 each occurrence Removal of Debri, Cleaning E#c. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus material and debris, and keep the project area reasonably clean_ Upon completion of the work, the Contractor shall remove all debris and equipment: provided for the work and put the whole site of the work in a neat and clean condition. GErNFRAL CONDITIONS Page 48 of 264 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT SPECIFICATION S for 2020 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary to mow and/or remove snow from designated areas in accordance with these specifications. References in these specifications to the Code Enforcement Department shall include the City of Waterloo_ PROPERTY COMPLAINT MOWING Assigned areas will be mowed on a one time only basis. The Code Enforcement Department will give out work orders for any work done in this area, which shall be completed within 72 hours from receiving work order. The City will be in charge of any large item and tire removal clean up that will be done on any of these properties. Contact the Code Enforcement Department (319.291 ,3820) for pickup. Mowing height will be four (4") maximum, Contractor shall be able to abate hedgelvolunteer trees where necessary for clearance of sidewalks and other rights -of -way. Also after mowing property, it shall meet city codes and excess grass removed from the property and sidewalk. If for any reason Code Enforcement finds that a property is still in violation, after the contractor has done the abatement, the contractor shall return to the property and make the necessary corrections without additional costs to the City. l f the contractor arrives at the property, and the properly has been mowed, the contractor sha l l obtain a photo and contact Code Enforcement to verify the property is in compliance- In the event Code Enforcement is unable to meet the corlicactor at the time, the contractor shall continue on to the next referral and Code Enforcement will inspect the propxty when time permits and notify the contractor whether they have to return to abate a weed violation. PROPERTY COMPLAINT SNOW REMOVAL Assigned areas shall have snow removed on a one-time basis_ The Code Enforcement Department will give out work orders for any work done in these areas, which shall be completed within 48 hours from receiving work order, Sidewalks need cleared the width and length of the property down to the pavement- A good -faith attempt will need to be made to clear down to the pavement, In the event that it is impossible, because of ice or other hazard, then sand or other abrasive material, (such as Ice Melt or another approved product) may be used so pedestrian traffic is safe. Only use sand/ice melt in amounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand, use only amounts necessary to make sidewalks safe. All work must comply with the City of Waterloo Codes & Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City- s PC.IFICATIONS ' Page 49 of 264 VACANT LOTS Once these lots have been issued their first notice for the season, they will be placed on an as needed basis mowing schedule from approximately April 15' to October 15'h, 202{1 for a maximum of 5 mowing's. It will be the responsibility of the Code Enforcement Department to inform you of your as needed mowing schedule. There is a possibility of approximately 65 vacant lots with each lot averaging 0.25 of an acre- DILAPIDATED STRUCTURES Once these dilapidated structures have been issued their first notice for the season, they will be placed on an as needed basis mowing schedule from approximately April 15th to October 15', 2020 for a maximum of 5 mowing's. It will be the responsibility of the Code Enforcement Department to inform you of your as needed mowing schedule. There is a possibility of approximately 40 dilapidated structures with each lot averaging 0.25 of an acre. SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects_ All trash and debris shall be legally disposed of, off site, at no additional expense to the Code Enforcement Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snowplow &. snow removal operations. This includes adding soil and seeding damaged areas as needed. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. The Code Enforcement Department may add or delete mowing of areas based on growing conditions and budget constraints, GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven rough cutting shall be promptly remedied by the Contractor to the satisfaction of the Code Enforcement Department with no additional cost to the Code Enforcement Department. grass clippings shall not be blown., left or land on any road surfaces in accordance with applicable laws and City ordinances, In areas such as narrow medians, clippings shall be bagged or mulched straight down. T urvirvITNG Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the heig 1. and appearance of the surrounding vegetation. Only upon request of the Code Enforcement Department will you be required to edge vegetation growing over curb and sideway. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Code Enforcement Department_ All work .shall be done in a manner so as not to result in damage to trees or shrubs_ At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Code Enforcement Department with no additional cost to the Code Enforcement Department- SPEC[H AT uNS r. " "Page 50 of 264 The Contractor shall avoid damage to turfs and underlying soil and grade_ Any nutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction ot'the Code Enforcement Department with no additional cost to the Code Enforcement Department. The Contractor shall take all accessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable_ The Contractor shall carry liability insurance as detailed in the [GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform. all work in a safe and timely manner. Types of mowing equipment required for this contract: Line trimmers Walk -behind mowers Commercial rotary front mowers (O"-72" deck) Bagging/ mulching mowers Utility tractors with heavy-duty mowers Four wheel drive mower Hedge trimmers Types of alley/sidewalk overgrowth equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Note: City ordionuee requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown contractor shall have access to a brush hog type of mower so that contractor can meet the city's timefrarne requirements. Excess amounts of cut grass and vegetation will need removed and not Tett on parcels_ Types of snow removal equipment required for this contract: Walk -behind snow blowers Riding snow blowers Pick-up and/or tractor with snow blade Salt &. sand applicator Shovels Equipment listed on the Bid Form will he reviewed by the Code Enforcement Department to determine whether it is adequate for this mowing contract_ CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 7:04 A.M. TO 3:00 P.M. 4PFCHi3CA flONS ''""L''gge 51 of 264 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT BID FORM for 2020 COMPLAINT MOWING'S WITH COMPLAINT SNOW REMOVAL BIDDER: cjp .wA'1Y NAME ADDRESS: PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of - , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following payers: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now an file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Code Enforcement Dcparlrnent, 626 Mulberry Street, Waterloo, fovea hereby proposes to Furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: Provide all specified as needed mowing and trimming services for Iracant lots: Approximately 65 vacant lots with each lot averaging 0.25 ofan acre (touting 12.5- 15 acres per occurrence) Price 'Per Occurrence: dollars 'S OPTION fl; Provide all specified as needed mowing and trimming seliees on dilapidated structures. Approximately 40 dilapidated structures with each lot averaging 0..25 of an acre (totaling 14 acres per occurrence) Price Per Occurrence: dollars ($ } BID FORM Pape 1 of 1 Page 52 of 264 OPTION C: Provide all specified mowing services for property complaint mowing for normal residential lots. (under 5 acres) Price Per Man Hour: dollars ($ OPTION D: Provide all specified mowing services for property complaint moving for lots and open areas 5 acres or larger. Price Per Acre: dollars ($ OPTION E: Provide all specified snow removal services for complaint properties. Price Per Man Hour: dollars ($ 2. It is understood that the quantities set forth are approximate only and subject to variation aid that the unit price for the work done shall govern the actu8I payment to the Contractor_ 3_ In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is vw ithdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the ag cement is presented for signature, and start work within tea (10) days after "Notice to Proceed' is issued_ 4. Security in the sum of dollars (5 in the form of . is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6, The Bidder is prepared to submit a financial and experience statement upon request_ 7_ The Prime Contractor and Subcontractor(s), which have performed an ar `egate of $10,000.00 in work for the City in the current calendar year. are prepay to submit an AAP or Update and an EOC, within ten 10) days oft notification that the bid submitted is lowest and acceptable, 8. The Bidder has received the following Addendum or Addenda: Addendum No. }ate: 1 ! }J { 9. The Bidder shall list the MBI lWBE subcontractors, afuount of subcoiftkacts and bid items listed on the City of Waterloo Minority and for Women Business Pre -bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor()) to be used on this project to the City of Waterloo by 5...00 p.m. the business day fallowing the day bids an this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). I3ID FORM Pape 2. of 3 Page 53 of 264 The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot he changed except. or the following reasons_ 1. The City of Waterloo does not approve the subcontractors_ 2_ The subcontractors submit in writing that they cannot fulfill their subwntracts 10_ The Bidder shall list all equipment available for this project: 1. 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 alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED_ DATE: / 1 Name and Title 1310FORM 9:r;K-3cif .3 Page 54 of 264 STATEMENT OFBIDDER'S QUALIFICATIONS (Z u be submitted he the Bidder %rib upon request afire City M-I rlirrioa, 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. lfa corporation, where incorporated_ $. 1 low 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. $. 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 landscape 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, i'he 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- STATEMhNTOF BiDili;R'S QUALIFICATIONS PAGI, i 01-' 2 Page 55 of 264 Dated this day of , 20 Name of Bidder By: Title State ot - )ss County of ) being duly sworn deposes and says that she/he is of Nine ofOrgni?rtion 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 S I A I EMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 Page 56 of 264 BID BOND KNOW ALL MEN BY T1-IESE PRESENTS, that we, es Principal, and - as Surety are held and firmly hound unto the CITY OF WATERLOO , low -a, hereinafter called "OWNER." Cn the penal sum Dollars ($ lawful money of the United States, for the payrnent 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 T 20 , for NOW, THEREFORE, (a) if said Bid shall be rejected, or in the alternate, {b) If said Bid shail be accepted and the Prindpal 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 iri 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 Caw_ 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 doe hereby waive notice of any such extension_ IN WITNESS WHEREOF. the Principal and the Surety, hove 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. 202,! Witness Witness By Principal (Seal} (Title) {Seal} Surety By Attorney -in -fact Page 57 of 264 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of } } being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or {Agent? of , the Bidder that has submitted the attached Bid; 2, He is fully informed repccting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. ucli 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, firrrt 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 prig: or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost elementof 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 Pair 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. Signature Title u r craze i .ul./ worvt, to- brefo-re u ter day of 2020. My ere Page 58 of 264 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 hereinafter referred to as the "Subcontractor"; 2.. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subc:on1ractor to , contract pertaining to the 2020 COMPLAINT MOWINCS WITH COMPLAINT SNOW REMOVALS in Waterloo, HHlack Hawk County, Iowa; 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 afant, has in any way colluded, conspired, contrived 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; 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 Fart.ies in interest, including this affiant_ Signature Title c yst,v-i it i cu d' swarykr to- befb-e' me/ t i,k 2020. Sim iza14.+-er rim, Page 59 of 264 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 1124 ) 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 ($ I0,O00,00) annually agree as follows: 1. The contractor, 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 vvill develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard too their race, creed, color. sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations, Such action 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 is 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 ail 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. 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 tile 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/herselfand said 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 Iiscrittiination 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. EQUAL OPPORTUNITYCLAIl5E Pnti 1 nt'2 Page 60 of 264 7, The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-iscriinination 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, ur 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 emp!ovrnent, 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 Date EQUAL OPPORTUNITY CIAUSE Page 61 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate 2,000 square feet of alley right-of-way located west of 915 Linden Avenue, and instruct the City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/18/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 2/19/2020 - 10:24 AM Clerk Office Higby, Nancy Approved 2/19/2020 - 11:45 AM ATTACHMENTS: Description Type o Council Packet Cover Memo o Legal Description Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate 2,000 square feet of alley right-of- way located west of 915 Linden Avenue, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate 2000 square feet of alley right-of-way located west of 915 Linden Avenue, and instruct the City Clerk to publish notice. None N/A Right -of -Way The applicant is requesting to vacate the right-of-way as it is no longer needed for any public purposes. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The alley is accessed off of Glenwood Street and the portion being vacated dead ends at the Public Works facility, into what was formally Wilber Avenue which was previously Page 62 of 264 Background Information: vacated. The nearest recreational trail is located on the north side of Martin Luther King Jr. Drive which is located 0.15 miles to the north. The area of the proposed vacate is zoned "M-1" Light Industrial District and "R-2" One and Two Family Residence District, and has been zoned as such since the adoption of the Zoning Ordinance in 1969. North — Public Works, Iowa Northern Railroad, and Martin Luther King Drive zoned "M-1" Light Industrial District South — Residential, zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. East — Residential and vacant lots, zoned "R-2" One and Two Family Residence District. West — Public Works zoned "M-1" Light Industrial District. The area is comprised of residential development built between 1910 and 2006 and the Public Works facility constructed primarily in 2012. No buffers or additional screening is needed with this request. Vacation of the right-of-way would not appear to have a negative impact on drainage in the area. No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Highland Elementary School is located 0.73 miles to the southeast, George Washington Carver Academy Middle School is located 1.90 miles to the northwest, and East High School is located 0.49 miles to the west. The nearest open space is Highland Park located 0.30 miles to the east. There is no known utilities in the alley to be vacated. There is a 20" sanitary sewer line located in Linden Avenue and a 8" sanitary sewer line located in the former right-of-way of Wilby Avenue. No easement will be needed over the proposed vacated area. The Future Land Use Map designates this area as Low Density Industrial. The vacate request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The city is requesting to vacate 2000 square feet of alley located west of 915 Linden Street. The alley originally connected to Wilby Street, which was vacated for construction of the Public Works facility, which is located northwest of the property. The right-of-way being vacated is located behind two homes one of which is already owned by the city and the other of which is being purchased by the city. A portion of the alley to the south is not being vacated at this time because the home at 739 Glenwood does not have a driveway and the alley serves as their only access to the back of their home. While it is city policy not to leave stubbed portions of right-of-way this alley was already stubbed as a dead- end alley when the Public Works facility was constructed and Wilby Street was vacated. There is no platting required for this request. Therefore, staff recommends that the request to vacate the approximately 2000 square feet of alley right-of-way located west of 915 Linden Avenue be approved for the following reasons: Page 63 of 264 Legal Descriptions: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The portion of alley being vacated is not used for right-of-way purposes. That portion of the platted alley in Wilby's Addition, City of Waterloo, Black Hawk County, Iowa, lying South of a Westerly extension of the North line of Lot 1 of said Addition, and lying North of a Westerly extension of the South line of Lot 2 of said Addition. Page 64 of 264 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: January 7, 2020 Request by the City of Waterloo to vacate 2000 square feet of alley right-of-way located west of 915 Linden Avenue. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate the right-of-way as it is no longer needed for any public purposes. The request would not appear to have a negative impact on the surrounding neighborhood or land use. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The alley is TRAFFIC accessed off of Glenwood Street and the portion being vacated CONDITIONS: dead ends at the Public Works facility, into what was formally Wilber Avenue which was previously vacated. RELATIONSHIP TO The nearest recreational trail is located on the north side of Martin RECREATIONAL Luther King Jr. Drive which is located 0.15 miles to the north. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed vacate is zoned "M-1" Light Industrial FOR SITE AND District and "R-2" One and Two Family Residence District, and has IMMEDIATE VICINITY: been zoned as such since the adoption of the Zoning Ordinance in 1969. DEVELOPMENT HISTORY: North — Public Works, Iowa Northern Railroad, and Martin Luther King Drive zoned "M-1" Light Industrial District South — Residential, zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. East — Residential and vacant lots, zoned "R-2" One and Two Family Residence District. West — Public Works zoned "M-1" Light Industrial District. The area is comprised of residential development built between 1910 and 2006 and the Public Works facility constructed primarily in 2012. BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the right-of-way would not appear to have a negative impact on drainage in the area. FLOODPLAIN: No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Vacate Alley west of 915 Linden Street. PSgEP65f of 264 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: January 7, 2020 Highland Elementary School is located 0.73 miles to the southeast, George Washington Carver Academy Middle School is located 1.90 miles to the northwest, and East High School is located 0.49 miles to the west. The nearest open space is Highland Park located 0.30 miles to the east. There is no known utilities in the alley to be vacated. There is a 20" sanitary sewer line located in Linden Avenue and a 8" sanitary sewer line located in the former right-of-way of Wilby Avenue. No easement will be needed over the proposed vacated area. The Future Land Use Map designates this area as Low Density Industrial. The vacate request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The city is requesting to vacate 2000 square feet of alley located west of 915 Linden Street. The alley originally connected to Wilby Street, which was vacated for construction of the Public Works facility, which is located northwest of the property. The right-of-way being vacated is located behind two homes one of which is already owned by the city and the other of which is being purchased by the city. A portion of the alley to the south is not being vacated at this time because the home at 739 Glenwood does not have a driveway and the alley serves as their only access to the back of their home. While it is city policy not to leave stubbed portions of right-of-way this alley was already stubbed as a dead-end alley when the Public Works facility was constructed and Wilby Street was vacated. There is no platting required for this request. Therefore, staff recommends that the request to vacate the approximately 2000 square feet of alley right-of-way located west of 915 Linden Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The portion of alley being vacated is not used for right-of- way purposes. Vacate Alley west of 915 Linden Street. PdOEP 66f of 264 City of Waterloo City Council January 7, 2020 Br 111111111111111 cn 1111111 WEBSTER ST - w E —a= ADAMS ST III u T R-2-,C;Z -2 2 T rrn R-2i 0Z'7'1I-62> 1 Anini STJ =1 Ill 8 "'"'-IDI IA ISTU W 17) >'�Y�1E 1I I I I-i' IT_ 0 -— - co �i ITf 7T °DTI f R-3 1111II II IIIIIIIIL' LIME ST \sxe;c4,c-2 >C 3 • R-3!i R-4' R-3 M-1 11 1,1 S ADM� 0)- 2 co= co R-3� IMEc6RIMAN ST- 1=� Lu M-1 jull _ pr F II ''"'IIII IIIIII -.1411 s 'I7 1- IIII. -2, C-Z s2, M R-3 1 �r II. IIII: 111 ■111 —11IP IIII! A-1 T L T F _,IP! 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Looking south from Public Works facility driveway to Glenwood Street. Looking southeast from north section of alley. Page 69 of 264 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 *Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: ( fl ul 0111 5T6 L W Address: 74UL- s 4-1 /o WH1e'Ztv Pe No.: ID 317-r 1 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): O "1 NA,cs-i 9/c L iJOE-10 5/w 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): • 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): • 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 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: 5. Other: Please�provid a site g(an ai or a`prialphoto of the area to be vacated if the request involves addition n as th reason or t request. uest. /2.i(o.19 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 70 of 264 That portion of the platted alley in Wilby's Addition, City of Waterloo, Black Hawk County, Iowa, lying South of a Westerly extension of the North line of Lot 1 of said Addition, and lying North of a Westerly extension of the South line of Lot 2 of said Addition. Page 71 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 9, 2020 to approve the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District, located at and adjacent to 915 Linden Avenue, and instruct the City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/18/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 2/19/2020 - 10:26 AM Clerk Office Higby, Nancy Approved 2/19/2020 - 11:42 AM ATTACHMENTS: Description Type ❑ Council P acket Cover Memo ❑ Legal Description Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution setting date of public hearing as March 9, 2020 to approve the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District, located at and adjacent to 915 Linden Avenue, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a resolution setting date of public hearing as March 9, 2020 to approve the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District located at and adjacent to 915 Linden Avenue., and instruct the City Clerk to publish notice., and instruct the City Clerk to publish notice. None N/A Zoning, Land Use and Economic Development. The applicant is requesting to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District. The request would not appear to have a negative impact on the surrounding Page 72 of 264 Background Information: neighborhood or land use as the property is adjacent to the Public Works facility for future expansion of the Public Works facility located to the west at 625 Glenwood Street. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The nearest recreational trail is located on the north side of Martin Luther King Jr. Drive which is located 0.15 miles to the north. The area of the proposed rezone 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. North — Central Garage, Iowa Northern Railroad, and Martin Luther King Drive zoned "M-1" Light Industrial District. South — Residential, zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. East — Residential and vacant lots, zoned "R-2" One and Two Family Residence District. West — Central Garage, zoned "M-1" Light Industrial District. The area is comprised of residential development built between 1910 and 2006 and the Central Garage primarily constructed in 2012 No buffers or additional screening is needed with this request. The rezone would not appear to have a negative impact on drainage in the area. No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Highland Elementary School is located 0.73 miles to the southeast, George Washington Carver Academy Middle School is located 1.90 miles to the northwest, and East High School is located 0.49 miles to the west. The nearest open space is Highland Park located 0.30 miles to the east. There is a 20" sanitary sewer line located in Linden Avenue and a 8" sanitary sewer line located in the former right-of-way of Wilby Avenue. The Future Land Use Map designates this area as Industrial The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The City of Waterloo is requesting to rezone approximately 0.52 acres of land from "R-2" One and Two Family Residence District to "M-1" Light Industrial District. The rezone area consists of two lots one currently owned by the city and one that the City Council approved to purchase of on December 16, 2019 along with an portion of an alley being proposed for vacate in a separate item. The properties in question are located adjacent to the Public Works facility which has been zoned "M-1" Light Industrial District since the adoption of the Zoning Ordinance in 1969. There is no present plans for the area to be rezoned but the rezone will allow for eventual expansion of the Public Works facility when it is needed in the future. The purpose behind this request is to allow for compatible land use redevelopment, Brownfield redevelopment, and continued growth& development of the Public Works facility. Page 73 of 264 Legal Descriptions: There is no platting required for this request. Therefore, staff recommends that the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District located at and adjacent to 915 Linden Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The rezone will match the zoning and allow for the continued growth of the Public Works facility. 4. The request is in Conformance with the Future Land Use Map and Comprehensive Plan. Lot 1 and Lot 2 of Wilby's Addition, City of Waterloo, Black Hawk County, Iowa. Page 74 of 264 REQUEST: January 7, 2020 Request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District located at and adjacent to 915 Linden Avenue. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone approximately 0.52 acres DESCRIPTION: from "R-2" One and Two Family Residence District to "M-1" Light Industrial District. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the property is adjacent SURROUNDING to the Public Works facility for future expansion of the Public Works LAND USE: facility located to the west at 625 Glenwood Street. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO The nearest recreational trail is located on the north side of Martin RECREATIONAL Luther King Jr. Drive which is located 0.15 miles to the north. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed rezone is zoned "R-2" One and Two FOR SITE AND Family Residence District, and has been zoned as such since the IMMEDIATE VICINITY: adoption of the Zoning Ordinance in 1969. North — Central Garage, Iowa Northern Railroad, and Martin Luther King Drive zoned "M-1" Light Industrial District. South — Residential, zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. East — Residential and vacant lots, zoned "R-2" One and Two Family Residence District. West — Central Garage, zoned "M-1" Light Industrial District. DEVELOPMENT The area is comprised of residential development built between HISTORY: 1910 and 2006 and the Central Garage primarily constructed in 2012 BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: The rezone would not appear to have a negative impact on drainage in the area. FLOODPLAIN: No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Vacate Alley west of 915 Linden Street. P:cgEP75f 6f 264 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: January 7, 2020 Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Highland Elementary School is located 0.73 miles to the southeast, George Washington Carver Academy Middle School is located 1.90 miles to the northwest, and East High School is located 0.49 miles to the west. The nearest open space is Highland Park located 0.30 miles to the east. There is a 20" sanitary sewer line located in Linden Avenue and a 8" sanitary sewer line located in the former right-of-way of Wilby Avenue. The Future Land Use Map designates this area as Industrial. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The City of Waterloo is requesting to rezone approximately 0.52 acres of land from "R-2" One and Two Family Residence District to "M-1" Light Industrial District. The rezone area consists of two lots one currently owned by the city and one that the City Council approved to purchase of on December 16, 2019 along with an portion of an alley being proposed for vacate in a separate item. The properties in question are located adjacent to the Public Works facility which has been zoned "M-1" Light Industrial District since the adoption of the Zoning Ordinance in 1969. There is no present plans for the area to be rezoned but the rezone will allow for eventual expansion of the Public Works facility when it is needed in the future. The purpose behind this request is to allow for compatible land use redevelopment, brownfield redevelopment, and continued growth& development of the Public Works facility. There is no platting required for this request. Therefore, staff recommends that the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District located at and adjacent to 915 Linden Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. Vacate Alley west of 915 Linden Street. PSgEP 16f 6f 264 January 7, 2020 3. The rezone will match the zoning and allow for the continued growth of the Public Works facility. 4. The request is in Conformance with the Future Land Use Map and Comprehensive Plan. Vacate Alley west of 915 Linden Street. PScgr ?y 6f 264 City of Waterloo City Council January 7, 2020 111111111111111 cn IIIIIII WEBSTER ST - w E —a= ADAMS ST III T -2 2 T rrn R-2i --102:7.1I-6?-ffITTIT11 Aninil STJ 1:11=1.63Ill 8 "'"'-IDI IA ISTU 17) 0 --- m �i ITf 7T °DTI f R-3 IIIII I� 11111111L' LIME ST • II 1,1 S ADM� 0)- 2 co= co R-3� IMEc6RIMAN ST- LEO Lu M-1 .�, -� AIL MIIIINIMEN Eli Air 4"11111 _ 1111111 R-3 M-1 'I1 R-3 1 r II PE II. CEI IIII: 111 ■111 Z COURTLAND ST ry,}�'C ,��Tf �'Tf�W �� I bb E dIR — N%�a IIII! 1 A-1 Ic;') C-Z Q -4 M I_III1LI COTTAGE ST_ R-3 FF cn x w m narLi 1R7211 WILLOW Sfri IIIII r ALBANY-ST I LC_1 �C_ZI L DOUGLAS ST GLENWOOD ST DR IIIIIII C-211' urn-riC11 T F _,IP! L L M-1 -1 1111 v 2 11_ M- MN R-3, R-P — C-2 IIIII 111111Iim mu° VINIEI WIIIIIII III IIIII Q� .LIEErip R=8= 110 IMITALTAVISTAAVE Q =I- IIIN IIIIIII IIII IIIII EFEJ Lf1 2 INDEPENDENCE AI VEI C= CORDELL ST — ME EN EN - MEME w cc OE C 1 MN ME MN ME ME ME ME MEM 1111111 IIIIIIIII C-P C�1 —01 111 FOWLER,s,T R=2,C-Z' IIIIIII U llllli Lu x IIII! =m11111 *44 iM=1-0771 C-2 L IBMMADISON ST 1 1 1 1 1 1111111111 MONROE ST R-211111 11■111 C=Z Th N „I111111 IIIIIII" 111 1111 1111111I R-1 R-P POLK ST11111111111 III ARCHER AVE _Q Fco\ Hill z IIIII r °-BUTLERAVE �IIIIIIIIIIIIII = �filIIIII111111[80 = IIIIIIIII IElth Ii��I rl1 R-3,R-P R-3 E-3EX DR 0 Q Z N o \I� i�l m 1.G<9GN i11 <w o��;r� _� QG, - ..I/ORI a 11111 " I I I I =Z n�� EARBORcLL Ill I III INAVE ■■■■_■ Z 1 C1 FRENCH ST VI 1 =0= = 915 Linden Street and adjacent Rezone from "R-2" to "M-1" City of Waterloo Page 78 of 264 City of Waterloo Planning, Programming and Zoning Commission January 7, 2020 915 Linden Avenue and adjacent N ,A -y �� NO 1�+� �1R' r �- F ��//�� properties Rezone from "R-2" to "M-1" %rioo ` City of Waterloo Page 79 of 264 Rezone at and adjacent to 915 Linden Street from R-2 to M-1 The house at 915 Linden Street being in process of being purchased by the city. Lot next to 915 Linden Street with the Public Works facility behind it. Looking southeast from the Public Works facility toward 915 Linden Street. The Public Works facility. Page 80 of 264 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Cif N OF WIT61--\.00 Address: ( UL,& /29 '5) Phone: it6%- ( Y Fax: City: CA)d}-7 4L W State: Zip: 70 3 b. Status of applicant: (a) Owner X (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: l � I,11.J/J,ty\ -7 i C4 r-r b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning B undary (Excluding Right of Way): e. Current zoning: Requested zoning: yY) — f. Reason(s) for rezoning and proposed use(s) of property: g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning C ssion and the Waterloo City Counci _ their decision. The undersigned authorize City Zonin i als enter the property in questio n re:.r. s to the request. /2, 16..17 ( 2- i(z. IC' Signature of Applicant Date Signature of Owner Date Page 81 of 264 Lot 1 and Lot 2 of Wilby's Addition, City of Waterloo, Black Hawk County, Iowa. Page 82 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate a 50 foot wide utility easement, which consists of 1.4 acres, located south of 4550 Hess Road, and instruct the City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/18/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 2/19/2020 - 10:29 AM Clerk Office Higby, Nancy Approved 2/19/2020 - 11:44 AM ATTACHMENTS: Description Type ❑ Overview Map Cover Memo ❑ Aerial Map Cover Memo ❑ Staff Report Cover Memo ❑ Easement Vacation Plat and Legal Description Cover Memo ❑ Pictures Cover Memo ❑ Application Cover Memo SUBJECT: Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate a 50 foot wide utility easement, which consists of 1.4 acres, located south of 4550 Hess Road., and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to set the date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate a 50 foot wide utility easement, which consists of 1.4 acres located south of 4550 Hess Summary Statement: Road, and instruct the City Clerk to publish notice. The Planning and Zoning Commission recommended unanimous approval of the vacate at their regular meeting on February 11, 2020. Expenditure Required: None Source of Funds: N/A Policy Issue: Utility Easement The applicant is requesting to vacate a utility easement that is no longer Page 83 of 264 needed for any public purposes. Background Information: The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The easement vacate area is zoned "R-1" One and Two Family Residence District, "R-4, R-P" Planned Multiple Residence District and "C-P" Planned Commercial District. Neighboring land uses and zoning: North — Vacant land and Campground, zoned "C-P" Planned Commercial District. South— Vacant Land, zoned "R-1" One and Two Family Residence District and "R-4, R-P" Planned Multiple Residence District. East — Vacant Land and Lost Island Water Park, zoned "C-P" Planned Commercial District. West — Single family homes, zoned "R-2" One and Two Family Residence District. The 50' utility easement area is partially in a Zone A, within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025, and Panel Number 0304F, dated July 18, 2011. There is a sewer main located within the immediate vicinity of the 50' utility easement's vacate area. The closest water main is under/along Hess Road. The city is requesting to vacate a 50' utility easement south of 4550 Hess Road. After the easement is vacated. The City plans to dedicate three new utility easements for the existing sanitary sewer main that is serving the area. The Planning and Zoning Commission approved the vacate request at their regularly scheduled meeting on February 11, 2020. Therefore, staff recommends that the request to vacate a 50' utility easement located south of 4550 Hess Road be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is no longer needed for utility purposes. PERMANENT EASEMENT EASE. BOOK 5, PAGE 504 PART OF THE SE 1/4 SEC 11-88-13 DESC AS FOLLOWS: COMM AT THE SE COR SAID SEC THENCE N ALONG E LINE OF SEC A DISTANCE 1394.97 FT TO THE PT OF BEG; THENCE DEFLECT LEFT 52 DEG 14 MIN 45 SEC A DISTANCE OF 864.77 FT THENCE DEFLECT LEFT 47 DEG 33 MIN 30 SEC A DISTANCE Page 84 of 264 Legal Descriptions: OF 1297.35 FT THENCE DEFLECT RIGHT 16 DEG 40 MIN 15 SEC A DISTANCE OF 196.75 FT THENCE DEFLECT LEFT 52 DEG 42 MIN 30 SEC A DISTANCE OF 690.61 FT TO A PT ON THE W LINE OF THE SE 1/4 SAID SEC THAT IS 32.75 FT S OF THE N ROW LINE OF ANGUS DR THENCE N ALONG SAID 1/4 LINE A DISTANCE OF 28.80 FT THENCE DEFLECT RIGHT 43 DEG 58 MIN 45 SEC A DISTANCE OF 692.43 FT THENCE DEFLECT RIGHT 52 DEG 42 MIN 30 SEC A DISTANCE OF 203.53 FT THENCE DEFLECT LEFT 16 DEG 40 MIN 15 SEC A DISTANCE OF 1303.21 FT THENCE DEFLECT RIGHT 47 DEG 33 MIN 30 SEC A DISTANCE OF 847.73 FT TO A PT ON THE E LINE SAID SEC THAT IS 1423.93 FT N OF SE COR SAID SEC THENCE S ALONG SAID E SEC LINE 25.30 FT TO PT OF BEG. PERMANENT EASEMENT = 1.4 AC. Page 85 of 264 City of Waterloo City Council March 9, 2020 R �3 14 4,1 z-R-4 RP�o1 WILDWOOD RD:--- C-1 _i_ 2- w R-2 p R=4 Z Q R-3 =E SAN MARNAN DR R-2 R-4 M-1 R-4 . ' LAMMANG DR ,C-2,C-Z -2,C-Z z C-2 11 or rM I w z w 0 g-2-m— PINTAIL:DR }1 S-1 co� 380 CROSS N R-3 ,\ � ° r- z ==a=n=a G) G a—z—r- Z HAMMOND AV Ck _RN °2 S�\ —JERSEyJ U W g C-P R-4, R- 0 0) w E SHAULIS RD R-1I`Z R-1 A-1 1- 0 �\OW0,, 0 PRgORETUMDR - - DR Q _ NINES RD EC �ti'SER'C;ECT C�\....Mco cTt ZC VISION ST Q a - - - 0 0 w II II II II II C-P - A-1 R-2 M-1 South of 455o Hess Road 5o' Utility Easement Vacate City of Waterloo Page 86 of 264 City of Waterloo City Council March 9, 2020 PINTAIL DR 4550 Hess Road Bamboo Ridge Campground Area of Vacate ERSEY LN E SHAULIS RD—E SHAULIS RD Isle Capri Casino = Lost Island Water Park w: - E SHAULIS_RD 2 m 0 STON PL 0) w CC w E SHAULIS RD E SHAULIS RD South of 455o Hess Road Easement Vacate City of Waterloo Page 87 of 264 March 9, 2020 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: Request by the City of Waterloo to vacate a 50' utility easement, which consists of 1.4 acres located south of 4550 Hess Road. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50701 Request by the City of Waterloo to vacate a 50' utility easement, which contains 1.4 acres, located south of the Bamboo Ridge Campground at 4550 Hess Road. The request to vacate will not have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is no longer needed for utility purposes. The nearest trail is the Cedar Valley Nature Trail which is located approximately a mile to the west of the project site. The easement vacate area is zoned "R-1" One and Two Family Residence District, "R-4, R-P" Planned Multiple Residence District and "C-P" Planned Commercial District. Neighboring land uses and zoning: North — Vacant land and Campground, zoned "C-P" Planned Commercial District. South — Vacant Land, zoned "R-1" One and Two Family Residence District and "R-4, R-P" Planned Multiple Residence District. East — Vacant Land and Lost Island Water Park, zoned "C- P" Planned Commercial District. West — Single family homes, zoned "R-2" One and Two Family Residence District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Vacate- Airline Highway Page 1 of 3 Page 88 of 264 March 9, 2020 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: The majority of the area is vacant land. The Bamboo Ridge Campground was constructed during the 2010's and the Lost Island Water Park was constructed during the 2000's and 2010's. The 50' utility easement area is partially in a Zone A, within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025, and Panel Number 0304F, dated July 18, 2011. Kittrell Elementary School is located 1.75 miles to the north, Hoover Middle School is located 1.9 miles to the northwest, and West High is located 1.8 miles to the northwest. The nearest open space is the campground directly north of the easement area. There is a sewer main located within the immediate vicinity of the 50' utility easement's vacate area. The closest water main is under/along Hess Road. The Future Land Use Map designates the area as Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial and this request would be in compliance with the Future Land Use Map and Comprehensive Plan. The city is requesting to vacate a 50' utility easement south of 4550 Hess Road. After the easement is vacated. The City plans to dedicate three new utility easements for the existing sanitary sewer main that is serving the area. The Planning and Zoning Commission approved the vacate request at their regularly scheduled meeting on February 11, 2020. There will not be a separate request to plat the land. Vacate- Airline Highway Page 2 of 3 Page 89 of 264 March 9, 2020 STAFF RECOMMENDATION: Therefore, staff recommends that the request to vacate a 50' utility easement located south of 4550 Hess Road be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is no longer needed for utility purposes. Vacate- Airline Highway Page 3 of 3 Page 90 of 264 41 w to in I i r%)rfi O M li- iii e O 0 ITg( Zn au—i_ r 0 H aIn ow £ d Lo wd W Ci Z �T-3 La c� m w - ¢ CE zC, OD l0�n zd 0rII 20V) J V)n LC I- 0 LL1J0 u7 n d CC CD 0Z— Cl_0 1 w d 1— Lt. Lll 0 F-- ( ,fY, 1.t.3 w o z< E' a a w w co 0 Ux w0 z En <0 a LEGAL DESCRIPTION: PERMANENT EASEMENT EASE. BOOK 5, PAGE 504 PART OF THE SE 1/4 SEC 11-88-13 DESC AS FOLLOWS: �w a z •o� ate - DJ <CG N10nO2 U F-¢0F<0 :] I;UJ�Lfw!) Uv)NI-O L_ n LO za,- OH ' <Lr... < <1' 0 w L J 0 o 60 Lo.<_I 2: I-(D <bozrn0 0O0OLLW 00<C --- O w� vl r� (1 ,1-H .L ct f—L zmil ZO�zww�N O� CLLJ w I--_b- In L~L z,ozo F C�LwcnO wwODOO.z' on (, OO Li -I F- I ' ( Qw F N 0-'F-O znZUZ L� LLH L1J ] OJ �wQ 0�E]6�N Q�� N w�,�o-E�w zj LCJ© Z71-1A1_,<(- Lll f-CD � Q 1-0, Z W � WU Z-�TLL_�LL.z LLI I LA_ (l _- F— Ili-0 Q QO °1-0I L1www U L to ww own wwwO Uz0,w mo_iwz w DzLnwz a lL. 2 HKiZ d L `�N �p L-QZ V) -..t '� Q r L_ O Cc�wF� Q 0 ri< 0W0Ow'rQ0 N U m CA \ U? w < O) wwCl t-- mUrr3Ww WOZvnwZ <I 0 2Q-I--L1� w <zEsLI..�DE F- w w S O F- F-T,G]-) I zQINU <LI- NUU O 0LmJZ t&) Or--z z M<00 F- 1A LI_ w w O I— D 0ooz z UJ 4Lf-0HCt0OU PERMANENT EASEMENT = 1.4 AC. Page 91 of 264 CES FILE NO 2461 CERTIFICATION () LC) 'A: sash lfliliill It1 i ''''Sty FIELD BOOK 620-20 N0 LO NN CD CD 17) 122 1 0 U zco 0, rn Lit -I`- n 0 0 io Z — EY 0 Z_ 0 Ix LiJ < w m U00x LA co ¢0 0. SHEET 2 OF 0 0 SURVEY LEGEND: 0 in 00 \ (/ffi��N a 0 Ivl r Q 0 C7 O LIJ d Viz o ° W a 0 d' If U (,69'0Z£ 1) - z (3„6£,10.00N) as�gz-� ONINNI636 d0 J.Nlad (SMvn M/I) ab'oi SS3H ,oVsz 616, �vn f%) to so en Q 15,4 a�. OkeT,01.00N) Co vL99Z) +" 's. \! \°s:, sn S' Page 92 of 264 eta CES FILE NO. 2461 0'0621- N 2139- 4S 0l (N4,91,10.00S) (.swz £6) .L b7d s, Nanoa 0 'Y 10 to OBI ZNp ea ro IA Qx to r. 0 o 0 E. 1U FIELD BOOK Easement Vacate — South of 4550 Hess Road Looking southwest from the Bamboo Ridge Campground convenience store. Looking southwest from the Bamboo Ridge Campground convenience store. Bamboo Ridge campground and convenience store. Looking northeast from the dead end of Angus Drive. Page 93 of 264 Applicant: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement Sale of City -Owned Property ` { (OD 5 � 9 --,Yi 7-(7* A Address: �kiilefi� PhoneNo.:� General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): E se n +- 5s 1 Legal description of area to be conveyed, vacated, or encroached: ee CC_ fl_CIACC32 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): • 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 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: 5. Other: Please provide : site •. an asrs for ..- rial photo of the area to be vacated if the request involves additiononstru as th' reaso o e request. 1, 2 2, 20 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 94 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate approximately 0.47 acres of Right -of -Way north of 3105 Airport Boulevard, and instruct the City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/18/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Overview Map ❑ Aerial Map ❑ Staff Report ❑ Pictures ❑ Application SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 2/19/2020 - 10:34 AM 2/19/2020 - 11:44 AM Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate approximately 0.47 acres of Right - of -Way north of 3105 Airport Boulevard., and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as March 9, 2020 to approve the request by the City of Waterloo to vacate approximately 0.47 acres of Right -of -Way north of 3105 Airport Boulevard, and instruct the City Clerk to publish notice. None N/A Right -of -Way The request to vacate will not have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as City Page 95 of 264 right-of-way. Background Information: The site is zoned "M-2" Planned Industrial District and has been zoned as such since March 13, 1995. Neighboring land uses and zoning: North — Vacant land and the Waterloo Airport, zoned "M-2,P" Planned Industrial District. South — Industrial Businesses and Central Chicago Railroad, zoned "M- 2,P" Planned Industrial District. East — Industrial Businesses, zoned "M-2,P" Planned Industrial District. West —Vacant Land, zoned "M-2,P" Planned Industrial District. The proposed vacate would not appear to have a negative impact on drainage. No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. There is a 12" Sanitary Sewer Line and a 12" Water Line located within the center of vacate area and an easement will need to be maintained under and over the vacate area. The City is requesting to vacate approximately 0.47 acres of right-of-way north of 3105 Airport Boulevard. The right-of-way to be vacated was set aside for a potential roadway stub that is no longer needed by the City. The area was dedicated as right-of-way as part of Mid Port America Park Plat No. 1. On April 2, 2019 the Planning, Programming and Zoning Commission voted to approve a Special Permit for a doggy day care facility, just north of the vacate area. It was later approved by the Board of Adjustment on April 23, 2019. The Planning and Zoning Commission also approved a site plan amendment for the doggy daycare on April 2, 2019. The City Council approved it on May 6, 2019 with the passage of Ordinance 5491. The owner of the doggy daycare facility previously purchased the easement vacate area. The City is simply vacating the right-of-way that was sold and conveyed to Hartel Properties LLC. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on February 11, 2020. Therefore, staff recommends the request to vacate approximately 0.47 acres of Right of Way north of 3105 Airport Boulevard be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. Page 96 of 264 Legal Descriptions: 3. The area to be vacated is not needed for right-of-way. With the following conditions: 1. That a utility easement be maintained under, upon, and above the proposed vacate. Tract "I" of MidPort America Park Plat No. 1, City of Waterloo, Black Hawk County, Iowa. Page 97 of 264 A-1 —o CC w CC w J L = CoTics—,aT>> m [�' RIITTFRNI IT I fI _ � HAZELWOOD LN -71,0 A a- KE�o \EDR City of Waterloo Planning, Programming and Zoning Commission March 9, 2020 A-1 W..BIG ROCK RDI M-1 North of 3105 Airport Road Vacate Right -of -Way City of Waterloo Page 98 of 264 City of Waterloo City Council March 9, 2020 Area to be Vacated North of 3105 Airport Blvd Vacate City of Waterloo Page 99 of 264 March 9, 2020 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: Request by the City of Waterloo to vacate approximately 0.47 acres of Right -of -Way north of 3105 Airport Boulevard. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to vacate approximately 0.47 acres of previously City owned Right -of -Way. The request to vacate will not have a negative impact on the & surrounding neighborhood. RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as City right-of-way. The nearest trail is the Cedar Valley Lakes Trail located in George Wyth State Park which is located south of US Highway 218 and there are no sidewalks in the immediate vacate area. The site is zoned "M-2" Planned Industrial District and has been zoned as such since March 13, 1995. Neighboring land uses and zoning: North — Vacant land and the Waterloo Airport, zoned "M-2,P" Planned Industrial District. South — Industrial Businesses and Central Chicago Railroad, zoned "M-2,P" Planned Industrial District. East — Industrial Businesses, zoned "M-2,P" Planned Industrial District. West —Vacant Land, zoned "M-2,P" Planned 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. Industrial buildings that were constructed in the 1990's, 2000's, and 2010's. No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Vacate- Airline Highway Page 1 of 3 Page 100 of 264 March 9, 2020 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: Lincoln Elementary School is located 2.49 miles to the southeast, George Washington Carver Academy is located 3.31 miles to the southeast, and East High School is located 4.59 miles to the southeast. George Wyth State Park is located 0.75 miles to the south of the site. There is a 12" Sanitary Sewer Line and a 12" Water Line located within the center of vacate area and an easement will need to be maintained under and over the vacate area. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with the Future Land Use Map and Comprehensive Plan. The City is requesting to vacate approximately 0.47 acres of right-of-way north of 3105 Airport Boulevard. The right-of-way to be vacated was set aside for a potential roadway stub that is no longer needed by the City. The area was dedicated as right-of-way as part of Mid Port America Park Plat No. 1. On April 2, 2019 the Planning, Programming and Zoning Commission voted to approve a Special Permit for a doggy day care facility, just north of the vacate area. It was later approved by the Board of Adjustment on April 23, 2019. The Planning and Zoning Commission also approved a site plan amendment for the doggy daycare on April 2, 2019. The City Council approved it on May 6, 2019 with the passage of Ordinance 5491. The owner of the doggy daycare facility previously purchased the easement vacate area. The City is simply vacating the right-of-way that was sold and conveyed to Hartel Properties LLC. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on February 11, 2020. The applicant is not looking to subdivide the property. Therefore, staff recommends the request to vacate approximately 0.47 acres of Right of Way north of 3105 Airport Boulevard be approved for the following reasons: 1. The request to vacate would not appear to have a Vacate- Airline Highway Page 2 of 3 Page 101 of 264 March 9, 2020 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 area to be vacated is not needed for right-of-way. With the following conditions: 1. That a utility easement be maintained under, upon, and above the proposed vacate. Vacate- Airline Highway Page 3 of 3 Page 102 of 264 Right -of -Way Vacate — North of 3105 Airport Boulevard Looking west along the vacate area from Airport Boulevard. Looking south toward 3105 Airport Boulevard. Looking northwest from Airport Boulevard. Looking north along Airport Boulevard. Page 103 of 264 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 U Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property r1 4e . 0 ) " p so 7&3 C' Applicant: ; ID Qiec f VAddress: 7i.6 r iktli = c S�s + Phone No.: ) Ci " 9) — `7 <S66. r General Description of Property to Vacated (i.e.- alley be een A St. ,& B St, South of C St.): i o Jwide Cs-- 00Ae D kiJ a-4- 3)f)s /P-; f mac* /09s Legal description of area to be conveyed, vacated, or encroach I: €€ 44«cv\E 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): • 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 CI_TRA): • 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 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: 5. Other: Please provide . rte pl. andlo aeri. photo of the area to be vacated if the request involves addition.. e _ as the r ason f+ the r quest. Applicant 23 2C Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 104 of 264 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 2, 2020 and date of public hearing as April 6, 2020, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Western, Chris Schroeder, Aric Higby, Nancy Action Rejected Approved Approved Approved ATTACHMENTS: Description ❑ RFP-2020 Planning and Zoning Mowing Bid Packet SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Cover Memo Date 2/19/2020 - 10:47 AM 2/19/2020 - 11:07 AM 2/19/2020 - 11:08 AM 2/19/2020 - 11:43 AM Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 2, 2020 and date of public hearing as April 6, 2020, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson,Community Planning and Development Director Approval To be determined Nuisance abatement Property Maintenance The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 200 properties over the last ten years using Iowa Code 657A. A majority of the properties where demolished with approximately 5 homes being sold with development agreement and rehabilitated. Lots owned by the City of Waterloo must be maintained, including mowing of the lots. This bid will select a mowing contractor for the lots. Page 105 of 264 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2020 RESIDENTIAL LOT MOWINGS RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, April 2, 2020, until 1:00 p.m., for the 2020 MOWINGS as described in the plans and specifications now on file in the City Clerk's office and the Planning and Zoning Department. OPENING OF BIDS All proposals received for the 2020 MOWINGS will be opened in the City Clerk's Office in City Hall, Waterloo, Iowa, on Thursday April 2, 2020, at 1:00 p.m., and the proposals will be referred to the Planning and Zoning Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2020 MOWING at the City Council Meeting, Monday, April 6, 2020. The hearing will be held in the City Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry Street, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary to mow and/or remove debris from the designated areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 6, 2020, through October 31, 2020. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Plarming and Zoning Department. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand- alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing 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, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. Page 106 of 264 CONTRACT AWARD The Planning and Zoning Department has divided the contract into five (5) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -option or a total basis, is most advantageous to the City, and the Planning and Zoning Department price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Planning and Zoning Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is 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 operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed during the previous period. A detailed bill of completed work must be received and approved by the Planning and Zoning Department for Mowing located at 715 Mulberry St., Waterloo, Iowa before payments will be made. Actual number of acres mowed must agree with numbers recorded by the Planning and Zoning Department. The billing shall include: • Address of properties • Area or time billed for (depending on bid proposals) Published by order of the City Council of said City of Waterloo, Iowa, on the day of , 2020 City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 107 of 264 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals 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 Request for Proposals and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Bid 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 Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. 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 Request for Proposals and 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 request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and 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 it 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 it 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. Page 108 of 264 VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. 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 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 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 project 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. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Planning and Zoning Department 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 Planning and Zoning Department 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 Planning and Zoning Department 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 Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. 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 it in performing the work. Such bond shall be in the same form as that included in the contract 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 same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance Page 109 of 264 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 of Waterloo, or Planning and Zoning Department for a refund. Page 110 of 264 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT 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 Planning and Zoning Department. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. 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 when required). 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 Planning and Zoning Department/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 information before proceeding with the work and 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 Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in 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 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 Planning and Zoning Department. 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. Page 111 of 264 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 City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes 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 at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Limits of Liability Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $5,000,000 $1,000,000 each occurrence 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 material and debris, and keep the project area reasonably clean. Upon completion of the work, the Contractor shall remove all debris and equipment provided for the work and put the whole site of the work in a neat and clean condition. Page 112 of 264 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT SPECIFICATIONS for 2020 MOWING (April 6, 2020-October 31, 2020) SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary to mow and from designated areas in accordance with these specifications. References in these specifications to the Planning and Zoning Department shall include the City of Waterloo. PROPERTY MOWING Each lot will be mowed on an as needed basis. The City will be in charge of any large item and tire removal clean up that will be done on any of these properties. Contact the Planning and Zoning Department (319.291.3820) for pickup. Mowing height will be four (4") maximum. Contractor shall be able to abate hedge/volunteer trees where necessary for clearance of sidewalks and other rights -of - way. Also after mowing property, it shall meet city codes and excess grass removed from the property and sidewalk. If for any reason Planning and Zoning finds that a property is not in satisfactory condition after the contractor has done the mowing, the contractor shall return to the property and make the necessary corrections without additional costs to the City. On occasion, the next door neighbor may mow a city owned lot at their expense. If the contractor arrives at the property, and the property has been mowed, the contractor shall not bill the city for that parcel. VACANT LOTS There are approximately 220 city owned lots as a part of this contract. A majority of the lots are vacant however, there are approximately 18 dilapidated structures awaiting demolition. The number of lots may vary as the city acquires multiple properties a year through its Dilapidated Housing Taskforce and Iowa Code 657A and through the sale of city owned property. SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations. This includes adding soil and seeding damaged areas as needed. SCHEDULING OF WORK The Planning and Zoning Department may add or delete mowing of areas based on growing conditions budget constraints or some lots may be sold throughout the year. GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven rough cutting shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. Grass clippings shall not be blown, left or land on any road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians, clippings shall be bagged or mulched straight down. Page 113 of 264 TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the Planning and Zoning Department will you be required to edge vegetation growing over curb and sidewalk. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of mowing equipment required for this contract: Line trimmers Walk -behind mowers Utility tractors with heavy-duty mowers Hedge trimmers Types of alley/sidewalk overgrowth equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels. Equipment listed on the Bid Form will be reviewed by the Planning and Zoning Department to determine whether it is adequate for this mowing contract. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 114 of 264 BIDDER: CITY OF WATERLOO, IOWA Planning AND ZONING DEPARTMENT BID FORM for 2020 MOWINGS ADDRESS: COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed MOWINGS, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: Provide all specified as needed mowing and trimming services for city owned lots under 1 acre: Price per lot less than one acre. Price Per Occurrence: dollars ($ ) OPTION B: Provide all specified as needed mowing and trimming services on lots 1 acre or more. Price per acre for lots one acre or more. Price Per Occurrence: dollars ($ ) 2. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of 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 insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of dollars ($ ) Page 115 of 264 in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 4. Attached is a Non -Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 6. 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. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. 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). 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 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 11. The bidder has attached all applicable forms. 12. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title Page 116 of 264 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 landscape 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. Dated this day of , 20 Name of Bidder By: Title: Page 117 of 264 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 Page 118 of 264 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 119 of 264 State of County of NON -COLLUSION AFFIDAVIT OF PRIME BIDDER ) ) ) , being first duly sworn, deposes and says that: 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. Signature Title S u,b-s-cv a ed' c d M-wo-V / to b-e fo e' wi e/ thi4/ day of , 2020. Si#nottuvei T My e/xpi,re47 Page 120 of 264 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 , 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 2020 MOWINGS in Waterloo, Black Hawk County, Iowa; 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; 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. Signature Title S u s-crarn c' a.vuL kwo-Vw to b-e fzWe' wi e/ thi4/ day of , 2020. S igrva,tikre/ rate, My ep(re Page 121 of 264 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 contractor, 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. 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 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. Page 122 of 264 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 Date Page 123 of 264 REQUEST FOR PROPOSALS —2020 MOWINGS The City of Waterloo is soliciting proposals to provide equipment and labor for mowing of City of Waterloo properties (the "Services") on a scheduled or as -needed basis. All proposals shall include a complete price quote. Conditions governing the Services are contained in Exhibit "A", the proposed form of Contract, attached to this RFP and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, April 2, 2020 at 1:00 p.m., Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFP FOR 2020 MOWINGS," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. Proposals will be opened on Thursday, April 2, 2020, at 1:00 p.m. Central Time in the City Clerk's office at City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the awarded proposal(s). B. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor") for the City will be those described in the form of Contract attached hereto as Exhibit "A" and the Specifications, which generally include but are not limited to mowing properties on an as -needed basis. C. REQUIRED INFORMATION: 1. See the Waterloo Planning Department bid form. All bids must be submitted on said bid form. 2. Important Exceptions to Contract Documents — The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non -responsiveness. Page 124 of 264 D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A". 7. In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, April 2, 2020. E. MISCELLANEOUS 1. Questions regarding will be directed to Chris Western in the Planning and Zoning Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. Page 125 of 264 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE, WORDS USED INTERCHANGEABLY — The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 5. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 6. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, employees and agents, from and against any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or company whatsoever, including the parties hereto and their employees, that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 7. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless of the exchange rate. All proposal responses must be submitted in English. 8. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 9. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the signature page. 10. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated herein by reference. 11. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 12. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 13. CANCELLATION - Either party may cancel the contract in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 14. ASSIGNMENT - Proposer shall not assign the contract or any monies to become due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 15. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 16. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officials, officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. Page 126 of 264 EXHIBIT A CONTRACT PROVISIONS CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT CONTRACT for 2020 MOWING This Contract for mowing (the "Contract") is made and entered into on April 6, 2020, Waterloo, Iowa (the "City"), and (the "Contractor"). 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. b. c. d. e. f. g• This Contract Request for Proposals Notice of Hearing Instruction to Bidders Signed copy of Bid General Conditions Specifications by and between the City of supplies and equipment to perform These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) The Contractor will remove all litter, garbage, or junk on vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weed/grass removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-2B(1) Contractors will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into the street, it shall be removed by the Contractor. b. 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c) Contractors shall bag all weeds/grass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d) Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Planning and Zoning Department. h) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor. e) 0 g) Page 127 of 264 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but 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. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing work, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: Page 128 of 264 City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. 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 as set forth on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor City Clerk By: Title: Page 129 of 264 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT CONTRACT for 2020 MOWING This Contract for mowing (the "Contract") is made and entered into on , 2020, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: h. This Contract i. Request for Proposals j. Notice of Hearing k. Instruction to Bidders 1. Signed copy of Bid m. General Conditions n. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) The Contractor will remove all litter, garbage, or junk on vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weed/grass at their own cost. b) Contractors will abide by ordinance sections a. 7-1-2B(1) Contractors will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into the street, it shall be removed by the Contractor. b. 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c) Contractors shall bag all weeds/grass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d) Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. e) Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. f) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. g) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Planning and Zoning Department. h) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor. i) Unless prior approval has been given, the City of Waterloo will only be obligated to pay for the work of two people per referral. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. Page 130 of 264 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but 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. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing referral work, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Contractor Page 131 of 264 Attn: City Clerk Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. 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 as set forth on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor City Clerk Name of Contractor By: Title: Page 132 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as April 6, 2020 to ratify and affirm certain actions with respect to the Virden Creek Drainage Project, to establish the amount of Just Compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation of procedures for acquisition of said property interests in furtherance of the project objectives, and instruct City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/18/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Resolution ❑ Appraisal ❑ Resolution 2014-351 SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Cover Memo Cover Memo Cover Memo Date 2/19/2020 - 10:33 AM 2/19/2020 - 11:05 AM Resolution setting date of public hearing as April 6, 2020 to ratify and affirm certain actions with respect to the Virden Creek Drainage Project, to establish the amount of Just Compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation of procedures for acquisition of said property interests in furtherance of the project objectives, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request to ratify and affirm certain actions with respect to the Virden Creek Drainage Project, to establish the amount of Just Compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation of procedures for acquisition of said property interests in furtherance of the project objectives. The City Council adopted a resolution on May 12, 2014 and approved a final selection of the project route and design, approved the acquisition of the property interests necessary for the Project, approved the amount of just compensation for such interests, and authorized the use of condemnation procedures to acquire such interests in the event that negotiations for purchase were not successful. The public hearing has been held but the City desires to ratify and affirm prior approval of the final selection of the project route and design and to acquire the property interests necessary for the project, whether fee title, permanent easements or temporary easements. Page 133 of 264 A resolution has been fully drafted and is attached to this transmittal to reflect the City Counci's action on this. Expenditure Required: None as part of this action. Source of Funds: N/A Policy Issue: Drainage and Infastructure Background Information: The area around North Crossing at Donald Street and Highway 63 has experienced new growth within the last few years and this drainage project will open up more land in the area for new development. Legal Descriptions: N/A Page 134 of 264 RESOLUTIONS TO RATIFY AND AFFIRM CERTAIN ACTIONS WITH RESPECT TO THE VIRDEN CREEK DRAINAGE PROJECT, TO ESTABLISH THE AMOUNT OF JUST COMPENSATION FOR CERTAIN PROPERTY INTERESTS TO BE ACQUIRED FOR PROJECT PURPOSES, AND TO AUTHORIZE THE USE OF CONDEMNATION PROCEDURES FOR ACQUISITION OF SAID PROPERTY INTERESTS IN FURTHERANCE OF THE PROJECT OBJECTIVES. WHEREAS, the City of Waterloo desires to undertake a project for drainage way improvements to connect watersheds in the vicinity of Logan Avenue and north of Donald Street with the natural watercourse of Virden Creek (the "Project"); and WHEREAS, on May 12, 2014, the City Council of the City of Waterloo held a public hearing on the proposed Project and, by Resolution No. 2014-351 (the "2014 Resolution") approved a final selection of the Project route and design, approved the acquisition of the property interests necessary for the Project, approved the amount of just compensation for such interests, and authorized the use of condemnation procedures to acquire such interests in the event that negotiations for purchase were not successful; and WHEREAS, on February , 2020, the City Council of the City of Waterloo set a date of public hearing on the proposed Project for , 2020, and written notice of said hearing has been mailed as required by law to interested persons, including but not limited to the owners and record contract purchasers of "agricultural land" as defined by Iowa Code § 6A.21, and has been published in the manner required by law; and WHEREAS, the public hearing has been held and the City Council of the City of Waterloo has heard the testimony and evidence submitted by City planning staff and by members of the general public, and the City Council desires to ratify and affirm its prior approval of a final selection of the Project route and design and to acquire the property interests necessary for the Project, whether fee title, permanent easements or temporary easements; and WHEREAS, the City Council of the City of Waterloo has discussed acquisition of and/or reviewed updated appraisals for certain properties in the Project area and determined that the appraisals, prepared by James Herink of Rally Appraisal, LLC, and dated as of June 6, 2019 (the "Appraisals"), represent the fair market value of the property interests to be acquired, and the City of Waterloo desires to purchase the property interests necessary for the Project for the appraised value of same; and WHEREAS, an extended course of negotiations has been had with Allen and Angie Alcorn to acquire necessary property interests, and such negotiations have not proven successful; and WHEREAS, in the event that additional good -faith efforts to negotiate the purchase of property interests are not successful, the City Council of the City of Waterloo desires to authorize the use of condemnation procedures under Iowa law to acquire the property interests by eminent domain. Page 135 of 264 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that selection of the route and design of the Project as presented to the Council and previously approved by the 2014 Resolution is hereby ratified and affirmed as the final Project route and design. BE IT FURTHER RESOLVED that the price of $7,191.00 for the acquisition of fee title and/or permanent easements necessary for the Project from Allen and Angie Alcorn is determined to be the just compensation for such interests, and the price of $293.00 for the acquisition of all temporary easements for the Project is determined to be the just compensation for such temporary interests, all as determined by the Appraisals. BE IT FURTHER RESOLVED that the Community Planning and Development Department is authorized to incur such incidental costs, relocation costs, management costs, and other costs as may be reasonably necessary or required by law to assure payment of just compensation to the property owners and to assist in relocation and other expenses made necessary by the Project. BE IT FURTHER RESOLVED that the City Council finds that the Project will constitute a public use, public purpose, or public improvement as contemplated by Iowa Code § 6A.22 and that, accordingly, the use of eminent domain to acquire the property interests is appropriate and authorized by law. BE IT FURTHER RESOLVED that, if efforts to negotiate a purchase of the property interests are unsuccessful, use of procedures prescribed by Chapters 6A and 6B of the Code of Iowa for condemnation of private property for public projects is hereby approved for condemnation of the property interests, it being the reasonable expectation of the City Council of the City of Waterloo that the public purpose of condemnation in support of the Project will be achieved and that the City of Waterloo in carrying out the purposes and intents of the Project will be able to comply with all applicable standards and to obtain all necessary permits. BE IT FURTHER RESOLVED that the offices of Community Planning and Development and the City Attorney are hereby authorized and directed to make use of condemnation procedures, in combination with such additional negotiations with the owners of the ownership interest in the properties or their authorized representatives as may be advisable in the circumstances, to set a date for hearing and to acquire the property interests in furtherance of the objectives of the Project. PASSED AND ADOPTED this day of , 2020. Quentin Hart, Mayor 2 Page 136 of 264 ATTEST: Kelley Felchle, City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. , as passed and adopted by the Council of the City of Waterloo, Iowa, on , 2020. Witness my hand and seal of office this [SEAL] day of , 2020. Kelley Felchle, City Clerk 3 Page 137 of 264 APPRAISAL REPORT OF 1.41 Acres Fee Title Acquisition 1.15 Acres of Land under a Temporary Easement Allen and Angie Alcon North of 2920 Bedard Drive Waterloo, Iowa 50703 Virden Creek Drainage Way Project Rally File # C19E2WHO8 PREPARED FOR: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Tim Andera AS OF: June 6, 2019 As 1s, Fee Simple Interest for Just Compensation PREPARED BY: RALLY APPRAISAL, LLC JAMES HERINK CERTIFIED GENERAL REAL PROPERTY APPRAISER 209 FRANKLIN STREET, SUITE A-3 CEDAR FALLS, IA 50613 PHONE: (319) 266-9373 Page 138 of 264 (Intentionally Left Blank) Page 139 of 264 ; Rally Appraisal, L.L.C. Cedar Falls Office • 209 Franklin Street, Suite A-3 • Cedar Falls, Iowa 50613 Clint Cota, SRA — Office Manager Jim Herink — Senior Appraiser Adam Horan Jon Wienhold David D. Passmore, MAI June 17, 2019 Mr. Tim Andera Planner II City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Virden Creek Drainage Way Project Allen and Angie Alcon North of 2920 Bedard Drive Waterloo, Iowa 50703 1.41 Acres Fee Title Acquisition 1.15 Acres of Land under a Temporary Easement Dear Mr. Andera, Phone (319) 266-9373 www.rallyappraisal.com As requested, I have inspected the subject property, reviewed the plats for the project, and sent notice to the property owner. I met with Mr. Allen Alcorn on June 6, 2019 and went over the plan. Mr. Alcorn is concerned about how the project will affect the farm -ability of his land and the potential for the project to overwhelm Virden Creek, causing additional flooding. Additionally, Mr. Alcorn is concerned about how the proposed channel will be crossed by farm equipment. There were the concerns expressed by Mr. Alcorn. This appraisal report is prepared for the client, the City of Waterloo, for eminent domain proceedings using an Appraisal Report format. This report represents my analysis and conclusion of the estimated just compensation based market value of the fee simple interest as of June 6, 2019. This appraisal report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice. As such, it may only present summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the opinion of value. Additional supporting documentation concerning the data, reasoning, and analyses may be retained in file. Page 140 of 264 CERTIFICATION OF APPRAISER I hereby certify: That I have personally made a field inspection of the property herein appraised and that I have afforded the property owner or authorized representative the opportunity to accompany me at the time of inspection. I have also personally made a field inspection of the comparable sales relied upon in making said appraisal. The subject and comparable sales relied upon in preparing this appraisal is as represented by the photographs supplied. That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to the limiting conditions therein set forth. That I understand the intended use of this appraisal is for eminent domain related acquisition of property by the State of Iowa. This appraisal was prepared according to the contract/assignment from the Iowa Department of Transportation. The appraisal is prepared under the Jurisdictional Exception provision contained in the Uniform Standards of Professional Appraisal Practice (USPAP),In preparing the appraisal; I have conformed to all parts of USPAP except those that are contrary to State and Federal requirements. This eminent domain appraisal has been completed under the following appraisal requirements • The Iowa Constitution, Article 1, Section 18 • Code of Iowa, Chapters 6A, 6B, 316 and other eminent domain statutes • Iowa Supreme Court interpretations of Iowa Constitution and eminent domain statutes • Regulations 761, IAC 111 • Federal Uniform Act and Regulations, 49CFR, part 24 Guidance can be found at • The Iowa Department of Transportation Appraisal Policy and Procedure Manual • The Federal Highway Administration (FHWA) Appraisal Guide • Uniform Standards for Federal Land Acquisition • Uniform Standards of Professional Appraisal Practice (USPAP) That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported therein. That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings and results of the appraisal to anyone other than the proper officials of the Iowa Department of Transportation or officials of the Federal Highway Administration and I will not do so until so authorized, or until I am required to do so by due process of law, or until I am released from the obligation by having publicly testified as to such findings. That I am aware the client will provide a copy of this appraisal to the property owner or their designee. That the conclusion set forth in this appraisal is my independent opinion of the difference between the fair market value of this property immediately before and immediately after the proposed acquisition. I have performed within the context of the competency provision of the Uniform Standards of Professional Appraisal Practice. No one provided assistance during the inspection and aided in the research for this appraisal project. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. I have not appraised this property in the past 3 years or provided any services related to this property. Page 141 of 264 As of June 6, 2019, the estimate of just compensation is as follows: Total Compensation: Estimated Compensation of the Taking $7,191 Estimated Compensation of the Temporary Construction Easement $293 Estimated Just Compensation $7,484 The estimated just compensation for the proposed project as of June 6, 2019 is $7,484. SEVEN THOUSAND FOUR HUNDRED EIGHTY FOUR DOLLARS $7,484 This transmittal letter and certification of appraisal precede the appraisal report, further describing the subject property and containing the reasoning and pertinent data leading to the opinion of value. Your attention is directed to the "General Underlying Assumptions" and "Limiting Conditions", which are considered usual for this type assignment and have been included at the end of the report. Please contact me if you have any questions. Sincerely, James Herink Certified General Real Property Appraiser, CG02627 Page 142 of 264 TABLE OF CONTENTS PREFACE: TITLE PAGE LETTER OF TRANSMITTAL CERTIFICATION OF VALUE Assignment Information 15 Community Data 16 Property Description 22 Project Description 25 Cost Approach 27 Income Approach 28 Sales Comparison Approach 29 Final Reconciliation 38 Addenda 39 Page 143 of 264 EMINENT DOMAIN VALUE FINDING REPORT Parcel No. Not Provided Project No. Not Provided County Black Hawk Record Owner Allen and Angie Alcorn Owner's Mailing Address 7016 Dysart Road, Waterloo, Iowa 50701 Address of Property being Appraised North of 2920 Bedard Drive, Waterloo, Iowa 50703 This property is described as: (Description in appraisal report) This property consists of 653,400 taxable Sq Ft before the acquisition and 591,813 taxable Sq ft will remain after the acquisition. The land to be acquired for project purposes consists of 61,587 Sq Ft by fee title and 49,878 Sq Ft by temporary easement that will be returned to the property owner upon completion of the project. The present zoning is A-1 Agriculture and its present use is Farmland . The property is appraised on the basis of Its highest and best use for Row Crop Production before the acquisition and Row Crop Production after the acquisition. MARKET VALUE UNDER EMINENT DOMAIN LAW OF THE STATE OF IOWA The estimate of just compensation* is: $ 7,484 Excludes the right of way fence. Compensation for R/W fence to be by fixed Schedule or in accordance with Section 6B.44, Code of Iowa. Date of Valuation June 6, 2019 Signed James Herink Page 144 of 264 PHOTOS & EXHIBITS .5] • r FEE TITLE ACQUISITION & TEMPORARY EASEMENT AREAS LOOKING EAST FEE TITLE ACQUISITION & TEMPORARY EASEMENT AREAS LOOKING EAST Rally Appraisal, LLC Page 8 of 46 Page 145 of 264 FEE TITLE ACQUISITION & TEMPORARY EASEMENT AREAS LOOKING EAST .{ .... __ 7_• - 1 orsf, FEE TITLE ACQUISITION & TEMPORARY EASEMENT AREAS LOOKING EAST Rally Appraisal, LLC Page 9 of 46 Page 146 of 264 LOCATION MAP 1 WaleYLoo Municipal Airport 4 Cedar City Cedar Fall AL.AHAR FILLS — 1 xo k_ Airline Hwy RIEEN8RLER Subject North of Bedard Dr Waterloo, iA 6O703 GOOD Ski D ' DAT PARK yua 1: [kX I WEST CENTRAL •I East Waterloo Township Elk Run REESGEN Y of Heights TOWERS Evansdale Raynor Rally Appraisal, LLC Page 10 of 46 Page 147 of 264 AERIAL PHOTO Rally Appraisal, LLC Page 11 of 46 Page 148 of 264 ECNIkEl r pINCH PPE CE1Y. Me 1/ 70-IS +DAL JP P.d.C. FC#7117 P,1{ 5 1f4 CORNER +kRr: 1 T-fiP-7ti Fee Title Acquisition Plat & Legal Description ACQUISITION PLAT VIRDEN CREEK DRALNAGWAY CITY OF WATERLOO, BLACK HAWK COUNTY. IOWA mime ACLLII 015 AWIE Ai Ol W C# RTC Y1.1141EL 11a 691CF-IE-#OL �JD� Lnt N 1 aM 1,h1 sweY as 1 Ia7Y PARCEL 'A. 11.737' Nararse w &SAN= a60001 ALLEM I.LCO9N do ANiX 41.0EAik 1E1 S6dF3E 5Umegirt rt{},T, ING. 5e2s WY I IEFx LH 1. cco R RAPIDS. Lt 924,2.2 (31y1 47 14¢1 L,E511 atscnIPFam at a1liCEL A PART EF T..-E 2F5T 15 AME5 IF '1'F $ 5/2 hYf 1/a 4. -f+ SLCIIQI 12. 1- 9-N. P.13.W OF THE F1FTk PRINCIPAL 1.1E7iDWl, ERICK PAIN CMOT CKJ'1G 5Cinf fN1715ULAR_Y DF.SC910ED 1k5 F]L1OWS: €OwIJEI•1tiDi AT I+E 5 1/4 GARNER Or Ss& ECTEH 4$; THEKE N0053'50'11 11UFC THE JEST Lr,E CF SE 1/1 OF TM SAID SECT1e+1 FEE1 1a TIE PONT 19= EIECC11h111C; C1)+11.P.1104 PLOMG Sd1 111E3T LNIt ER.61 FEET; 11 lGt 911759'154 95S4 FEET; -HENCE sesr5sseE, Y1427 'F T4 A a1]I11T C+4,1 THE r. " JNE CF 'HE WEST 15 AI ES 9g tilt 5 1f2 ra 1/1 5E 1/a Or 5Ab 9ELLIM T£1GE EP52.3a'E r:.AN SAU EAT LAN. 4T}-O' ,ELT: 11-1LI E N640S 11 r, 9E1? ;} 7 FEET TO THE POUF CF RUNNING. q'31 o NAM PARCH COYTHNS '.il AG111 , 51447 O 1 g] 3 E FErr. W7C€ CR LE9-S. C EMANCFT5 IN F=FT 4f'O E131.1ALS _bra=il= 2 TET&. ,YiE4 OF Pa041151r1Cri. - 141a. AC_ (EI,3e7± SD. F-.} S. FEMME. 5HC7N!1 ARE BASED ON THE CLL'A STATE P...41F C.00RINNATE gT 1EIL. HOUT, 2C14 {N+L' &). AS UUNJ1%C41.E12 G}' BL'CP HAIM CUNT.' CPS NETWORK A1r CU..14L7- r, r L . _7 D ▪ r41JNb ctia*4'_k IAt«:Jh£fir • SET 5J7' RFEAF 111T►i YF.U.O1f PLASTIC CJP EA+B355Eti YI1FH-PL,$11f1pg' ?.16.6. IKINT OF 6EE:151N154 Pala 9F 4d1WENCEIi ,T 911F MAD 111 Rally Appraisal, LLC Page 12 of 46 Page 149 of 264 Temporary Easement Area & Legal Description rpmL• 1' N4Cm a1PE CLr+ SEC 12-PFl--3 >'.O.0 F01.1042 P.K. S 1/4 CORIEF SEC. 12-69-13 TEMPORARY EASEMENT EXHIBIT VIRDEN CREEK DRAINAGEWAY CITY OF WATERLOO, BLACK HAWK COUNTY, 1OWA mart 'ART REDAR.7 iso 51,30H 14DflU 7 CC:T-S' FARM T.. 691J-12-4G1-OO2 4-4 L.rS r f/1 W 1/1 4L 114 _7_ 0 50 700 202 I.Ait*Y Kaman a •r TEM1014411' COIFST*UCTION ErSCulTR LKE LEGEND LARRY em�w� &TWO■ TO SEC:roN =Kra fACNUrIEIii uRrn SWAI [W1R; 0 SFT 1/2 1 *UN YUJ.Ol PLASTIC CAP EIA@OT 117 WTh 'FILS14 C9' SLIRVEY:IR ANENT, nit. P.O 0. POW OF Kr3t1An1c 5325 OW MEK U. NE CEDAR R/PFDS, A 524(r2 P.0 C, PONT '.% CCIANE4CET1FNT (519) 3'a 140' 517R tY E+OKANLkh I i4L LF,r4APT1CN• A r:TY FOOT 1114E tp7P Cr WO LWIC ` N Or AN) PARALLEL TO Tp( rCIL04++I1 CES ED PARCO. IN In my 15 AXTes >F 111S 1/2 KM' 1 4 SE 1/4 SECACH 1; 1-15AF11. *-13-14 GF 1 711H NPCPAL 11Em0AIe !LACK INN% CDVIirr. CCIrvD.CNO Al TIC S '/4 COINER Or S.S) SECTION 12. THENCE 14gQ53'52-A M.CF+:. 1FE'MCST 111E Cf ST 1/4 or THE SIM SECTON 11 1E35.74 fFET TO T+t POP? Or e(pTr1KG; PILHCE 1/Cen 5orA' COrrtD xc ALONG SAO MFS! Lill 99.09 FEET; THLNC7. 555'M8'151.. 9d.:1 MET: TI(NCE S5753'5!'C 910 21 f1L "O A 1'OW CH TIC (ITT LAE Cf THI. KS! 15 ACRCS Cr 11-r 5 1/7 kilt 1/4 SE 1/4 OF S%. SLC1J 1. 1.47irt 50012'33T AAONC SAII1 EAST UKE. 60C1 MET: T}(MLE 1eV77'SEk. 97157 FEET TO TI+E Dap(' CF WOWING SAO POW. CONTAf45 1.T5 ►Cris. 41.Eas scoRCFT:LT• M¢2E CR LE55. 1. DSTII10ES IW F1 L1 M D OL0MN.2 THOM, 2. TOTAL AREA OF T0I 1*wr CC.STRJCTICIY FA5F16'R - 1.15* AC. (41.6. R! 50. FT.) 3. TF]wPCR4R'f CCr4SrRJC10K LASL111_NT TO [APPE UPON ACCLPLIAGE x COorr,silucicsi BY Pt MY Cr ►UITEFLCO. 401A +L InArenGS SI4044 Nit BASCO CN roE 4241E S1A'E PLANE COCRE7MAtt Fry"Ex, 90*TI. ZOri {HA0 b3]. A5 WANE/cm Ely El .,-A MMMf %TY CPS KET410121 A11C1 CONIK1 MK" WI Rally Appraisal, LLC Page 13 of 46 Page 150 of 264 APPRAISAL REPORT Iowa Department of Transportation OFFICE OF RIGHT OF WAY APPRAISAL RECORD OF CONTACTS Contact No. 319-296-1982 County Black Hawk ® Owner ❑ Tenant ❑ Other Project Not Provided ® Personal Contact ['Telephone Parcel Not Provided Type of Property ®AG ❑COM ❑ Other Farmland ❑RES ❑IND Anticipated Appraisal Format Value Finding Persons Present Mr. Allen Alcorn Discussion of Activities I met with Mr. Allen Alcorn on June 6, 2019 and went over the plan. Mr. Alcorn is concerned about how the project will affect the farm -ability of his land and the potential for the project to overwhelm Virden Creek, causing additional flooding. Additionally, Mr. Alcorn is concerned about how the proposed channel will be crossed by farm equipment. These were the concerns expressed by Mr. Alcorn. Appraiser James Herink Date June 6, 2019 Rally Appraisal, LLC Page 14 of 46 Page 151 of 264 APPRAISAL REPORT Property Identification: 8913-12-401-002 North of 2920 Bedard Drive Waterloo, Iowa 50703 Deed Holder: Allen & Angie Alcorn Report Prepared By: James Herink Rally Appraisal 209 Franklin Street, Suite A-3 Cedar Falls, IA 50613 (319) 266-9373 Office Report Prepared For: City of Waterloo Mr. Tim Andera Planner II 715 Mulberry Street Waterloo, Iowa 50703 Current Assessment Parcel Land Dwelling Total Taxes 8913-12-401-002 $13,670 $0 $13,670 $182 The subject has not been sold or transferred in the last three years per the assessor's records. It has not been listed for sale in the last 12 months on any of the listing services available to the appraiser. There are no known pending sales contracts on the subject as of the effective date of this report. The subject property is a 15-acre tract of farmland that is unimproved. It is located on the northeast side of Waterloo, approximately half -mile east of US Highway 63 and north of East Donald Street. The primary land use in the area is agricultural with single-family located to the southwest and commercial improvements to the west along the US Highway 63 corridor. Unimproved farmland is located to the north and east of the subject, with some single-family acreage properties scattered. The immediate neighborhood is just outside of the City of Waterloo on its northeast side. John Deere has a large manufacturing plant in the Northeast Industrial Park and is Waterloo's largest employer, employing just over 5,000 people. The community has low unemployment and an active housing market with most of the activity on the northeast part of Waterloo occurring, within the existing housing stock and below the $100,000 price point. During the last ten years, the value of all types of farmland has increased just more than 66.00% per an Iowa State Survey that was updated in 2018. The value of farmland increased significantly between 2009 and 2012 with a smaller increase reported between 2012 and 2013. Farmland values declined between 2014 and 2016, but rebounded slightly in 2017 when an increase of 2.00% was reported. Farmland values in 2018 were mostly level when compared to the prior year with decrease of less than 1.00% reported. It appears farmland values have stabilized after record increases followed by a few years of decline. Market participants interviewed reported the lower commodity prices to be the major negative impact on farmland value. The average value of farmland within Black Hawk County in 2018 was $8,936 a 1.00% increase over 2017. Rally Appraisal, LLC Page 15 of 46 Page 152 of 264 COMMUNITY DATA 1!t St 20. z,g !NORTH CEc R 27= Cedar Falls sa Hucsan E Dunkertan Rd El Run Heights L A is I: I I A W I! 13 Dewar Independence Ave 27 Gilb�rtvi!!e Population and Household Income The Waterloo/Cedar Falls metro area includes the communities of Waterloo, Cedar Falls, Evansdale, and the outlying communities of Elk Run Heights, Hudson, Washburn, and Raymond. The population, education and household statistics for the Waterloo/Cedar Falls metro area, as reported by the Cedar Valley Alliance, are on the following pages. Rally Appraisal, LLC Page 16 of 46 Page 153 of 264 2018 CEDAR VALLEY FACT SHEET I• - a � r'+1I(I 1 11111111aliliNitiril MT II UM err—A+>r114 arr..;,� --�-- .�. �..k The Cedar Valley economic area consists of the following C eight Northeast Iowa counties: Black Hawk. Bremer, Buchanan, Butler, Chickasaw, Fayette, Grundy, and Tama. /ALLEY Rally Appraisal, LLC Page 17 of 46 Page 154 of 264 Employment The leading employers for the Waterloo/Cedar Falls are shown below. The U.S. Bureau of Labor Statistics is indicating an overall unemployment rate for Black Hawk County of 2.4% as of April 2019. This is lower than April of 2018 when the unemployment rate was 2.8%. This is compared with 2.4% for the entire state of Iowa and 3.6% for the United States. Talent Solutions Workforce initiatives help Cedar Valley employers attract, retain, and connect with prospective employees both locally and outside of the area. The Greater Cedar Valley Alliance & Chamber provides resources to existing business, including access to the Work the Val ley job board, the Economic Inclusion Tool kit, and the Live the Valley quality of life website_ For more information about these initiatives, visit www.cedarvalleya II iance.cam_ Co -working & Makerspace The Cedar Valley has an array of social groups and events that conned like-minded entrepreneurs who are interested in the synergy that can happen when connections are made_ Co -working office space is offered in Waterloo and Cedar Falls. TechWorks Campus in Waterloo houses Cedar Valley Makers, a makerspace for inventors and hobbyists to use machinery and equipment to transform their ideas into products_ Job Opportunity Sources worthevalley.org cedarvalleyjobs.com ceda rva I I eyregion.com/jobs Major Employers Jahn Deere Waterloo Operations Tyson Fresh Meats Wheaton Franciscan Healthcare U mtyPaint Health Manufacturing Food Processing Health Care Health Care 5,000 2,900 2,BB3 2.520 University of Northern Iowa Education 1,13145 Hy-Vee Foods Store {5} Waterton Community Schools Omega Cabinets, Ltd. Bertch Cabinet Manufacturing (2i Target Regaonal Distribution Cedar Falls Community Schools Black Hawk County VGM Group Hawkeye Community College Western Hume Communities Peterson Contractors, Inc Wartburg College The Isle Casino and Hotel Martin Brothers Distributing City of Waterf oa Grocery Education Manufacturing Manufacturing Distribution Education Government Diversified Education Heath Care/Housing Construction Education Entertainment Distribution Government 1,733 1,604 994 925 B40 752 725 700 700 668 605 559 550 548 530 Central Rivers Area Education Agency Education 529 C{JNA Mutual Group CBE Companies, Inc Viking Pump Veridian Credit Union Waverly -Shea Rock Schools Waverly Health center Cedar Valley Medical Specialist NewAJdaya Lifesrapes Fri Mark Finance/Insurance Financial Manufacturing Financial Education Health Care Heat Care Health Care/Housing Manufacturing 526 515 500 4B6 479 450 400 3B0 37B City of Cedar Fails Government 346 Ocwen GMT Corporation Cedar Valley Catholic Schools Financial Manufacturing Education 300 205 200 The largest employers in the metro area are John Deere, Wheaton Franciscan Health Care, and Tyson. Rally Appraisal, LLC Page 18 of 46 Page 155 of 264 Ern ployment by Industry Wholesale Trade 1gaIT L"1 2%/Public Adrnin 5%Construction Education/Health Care As the chart shows, the largest employers by industry are education and health care, manufacturing, and retail trade. Rally Appraisal, LLC Pagc 19 of 46 Page 156 of 264 The Cedar Valley boasts strong public and private educational systems from early childhood education to PkD. programs. More than 3,500 degrees are awarded annually by the universities and colleges in the Cedar Valley and the community colleges and technical schools graduate more than 3.000 students_ Leader Valley The Greater Cedar Valley Alliance fi C hamber's priorities to develop a strong workforce and to strengthen business and education opportunities led to the development of Leader Valley_ This talent initiative was farmed to expand the reach of leadership and 21st- century employability skills development to all students in the Cedar Valley. Leader Valley's primary focus is the implementation of The Leader in Meg across all school districts in the Cedar Valley. This whole -school program emphasizes 21st-century leadership and life skills based on Stephen C ovey's'7 ti bits of Highly Effective People' For more information about Leader Valley, including The Leader in Me V. vis itwwwJeadervaIIey_org. Primary Education Cedar Falls 24.5 5,332 Cedar Valley CatholicSchools Gladbrook-Reir beck Hudson independence Waterloo Waverly -Shell Rack State Composite NationalCompasite 22.8 20.7 21.5 22.5 20.9 22.a 21.9 24.8 1,079 537 B25 1,430 10,935 2,025 5biaoa ACFCbnditionof Cotfega and Cueer IE®odinas 2017, Area &hooI Educational Attainment CV IA US H igh school diploma Some calFege, no degree Bachelor's degree or higher 92.3 % 64.0'% 28.436 918% 53.3 % 28.4% 875 % 552 % 31.3% Sour& 2016 Amorimn CouirowitOrrraiK Populations 25 aid Ado - Higher Educational Institutions Title Type Enrollment University of Northern lows Hawkeye Community College Wartburg College Allen College Upper Iowa University Purdue University Global University Commonity?Technicl College Private University{CoElege Health Sciences Programs Private University{CoElege Private University/CoFlege 11,907 5,400 1,527 575 510 410 Data Cn5ractedSprirg 2017 TechWorks Campus The TechWorks Campus is a 20-acre advanced manufacturing, research and development, innovation. education, commercial. and manufacturing center. Located in downtown Waterloo, the campus is cam prised of 20 acres of commercial and industrial development sites and 300.000 square feet of flex space divided between two historic John Deere manufacturing buildings. Tech 1 i s home to the Iowa Advanced Manufacturing Network Hubwhich includes the University of Northern Eowa (U NI) Iowa Metal Casting Center and Additive Manufacturing Center and the Additive Manufacturing Design Center. a partnership between Uhll and Hawkeye Community College_ Tech 2 opened in 2017 as the Courtyard by Marriott Waterloo Cedar Falls_ Courtyard Marriott Waterloo Cedar Falls Education The Waterloo/Cedar Falls metro area is currently served by two public school districts: Cedar Falls Community School District and the Waterloo Community School District. The community of Hudson has its own school district. Cedar Falls is home to the University of Northern Iowa. The University of Northern Iowa is a four- year state university with an approximate enrollment of 12,000 students. Hawkeye Community College is a two-year college located on the south side of Waterloo with an enrollment of approximately 5,500. Rally Appraisal, LLC Page 20 of 46 Page 157 of 264 Transportation For decades, Waterloo/Cedar Falls had been known as the largest metropolitan areas in the country without a link to the interstate system. The first link came in 1985 when Interstate 380 was complete that connects Waterloo and Cedar Falls to Cedar Rapids and Interstate 80 to the south. The second link came in the early 2000s when the Avenue of the Saints was completed within the metro area. This avenue is a four -lane expressway that connects St. Paul Minnesota to St. Louis Missouri. Additionally, US Highway 20, a four -lane expressway running east/west, connects Waterloo and Cedar Falls to Dubuque to the east and Interstate 35 to west. The stretch of US Highway 20 from west of the metro area to Interstate 35 was completed in 2003. These three highways are known as the "Golden Triangle" and have helped spur growth in both Waterloo and Cedar Falls during the last few decades. There are multiple railroads in the metro area. Air service is provided by the Waterloo Municipal Airport on the north side of the metro area. Conclusion The Waterloo/Cedar Falls metro area experienced a major economic downturn in the late 1970s and early 1980s with the community's largest employer, John Deere, laying off several thousand employees. Rath Packing, another major employer also shut down their facility in Waterloo about the same time, laying -off several thousand more workers. Over the past two decades this metro area has been making progress recovering jobs lost during that economic downturn. The Cedar Falls Industrial Park has been rapidly expanding over the past decade with several local businesses relocating and new businesses coming into the area. This office park has an aggregate employment base of approximately 5,000 jobs. There has been some growth with IBP, now Tyson's, on the northeast side of Waterloo in the past decade with a recent multi -million dollar expansion announced that will create more than 200 jobs. The Isle of Capri Casino in Waterloo in 2008 creating nearly 800 jobs. There are several apartment projects on the west side of Cedar Falls that have been developed in the past 10-15 years that are oriented to students of the university. The population projections reported by the Cedar Valley Alliance online may be unjustified, given the amount of growth in this area. At the very least, the population is expected to remain stable for this metro area with a potential slight increase in population. Rally Appraisal, LLC Page. 21 of 46 Page 158 of 264 PROPERTY DESCRIPTION The subject property consists of a single parcel with 653,400 square feet or 15.00 acres. (Source: Black Hawk County Assessor). The parcel is zoned A-1, Agriculture and is currently being farmed. It is approximately 70% tillable and a portion of the site is in forest reserve and not tillable. The property is currently only accessible from East Donald Street from the south and a separate parcel must be crossed to access the subject. The land is mostly level to gently rolling and forms a rectangle. The tillable acres have a CSR2 rating of 48.7 per Agridata. (See soil map on the next page) The property is used for agricultural purposes and conforms to the neighboring uses. Due to the demand for farmland in Iowa and the subject's location, it is likely the subject will remain as tillable land into the foreseeable future. Rally Appraisal, LLC Page 22 of 46 Page 159 of 264 Soils Map Scb Beta provided by USDA aid MRCS. CS. 1t Roam Rid a iZra 16019 AciriData rJ 1 6 E Aldine Hwy 12 7 State: Iowa County: Brack Hawk Location. 12-9N-13W Township: Waierrao Ares: 10.72 Ogle: G1412019 #`•; surety SITEJM cA.,..- 9'1.�,..� nr..,rw.. ar..rarn +2 Area Symbol. IA9J3• Solt Anew Version: 26 Dude Sal Oesaiphm Acres Perrenl Ed Held CSR2 Legend Non.rr Class*c IR Class 'c CSR2'. CSFL 'n 14CCPI Overall *n NOUN Ccrn `n FICCPI Small Grails `n FICCF1 Soybeans 1220 Laoler:aan 1113 2 percenl slopes. rarely Maded 4.B3. 43.2% Its 59 72 L!8 e9 31 61 41C Sparta Loamy ire sand, 5 in 9 pelt ern slopes 2 54 24.2% Ns Ile 4 2`- 50 50 313 28 284L1 Flogger sandy Isom. 21a5peraenl stapes 2.10 20.1% Ilk 50 45 56 58 45 39 41$ Sparta hammy Foe seno. 2 b 5 percent slopes 0.64 i d.IS% r5rs Ile 39 40 50 50 37 23 41 Soanaloamyrrreseno,kb2percenl slopes 0..45 =.22 14s Ile 44 45 50 150 37 2S 404:C Soarto.Lkbanlandcomplex. 51a9 p!Icera des 1125 23Y 145 34 11 50 25 18 14 WaldAadAtoreq■ 41.7 611.0. •n612 •nd616 n MA 'nd3.9 "IA hes updated meCSR values ror each aounLy 1❑ CSR2. ' n: The eggregaton nneldtod le INeaghted Average using major companenls' ' e: useng Capacities Class Dcrrmanrflondlll❑n pggregahon Method Soils data provided by USDA and NRC5 Average CSR2 on the tillable acres = 48.7 Rally Appraisal, LLC Page 23 of 46 Page 160 of 264 Project No. Not Provided Parcel No. Not Provided PURPOSE OF THIS APPRAISAL: To estimate the market value of the ownership interest, and the leasehold interest if any, in this property before the proposed acquisition and the market value of the same interest in the remainder property immediately after the proposed acquisition. In case the proposed acquisition causes only limited damage, the purpose is to estimate just compensation resulting from the acquisition, without reporting before and after values. DEFINITION OF MARKET VALUE: In addendum DEFINITION OF HIGHEST AND BEST USE: The utilization of a property to its best and most profitable use. It is that use, chosen from among the reasonably probable and financially feasible alternative uses which are found to be physically practical, legally acceptable and which results in the highest present value, as defined, as of the effective date of the appraisal. HAZARDOUS SUBSTANCE CONTAMINATION: The appraiser observed the following signs of possible contamination: ® None, ❑ As described FIVE YEAR DELINIATION OF TITLE: The subject has not been sold or transferred in the last five years per the assessor's records. The last transfer date was in September of 2011. LEASES: The subject is currently leased for $175 per acre according to the owner. DATE OF INSPECTION AND INVITATION: I called Allen Alcorn on June 5, 2019. He agreed to meet me at the property and the meeting took place on June 6, 2019. Telephone number of owner or representative contacted: 319-296-1982 I personally inspected the subject property on June 6, 2019 Rally Appraisal, LLC Page 24 of 46 Page 161 of 264 PROJECT DESCRIPTION The project is the installation of a drainage way that is designed to alleviate flooding on the northeast side of Waterloo. The project includes the construction of a concrete drainage channel from near the southeast of corner of Airline Highway and US Highway 63 that will initially run east, turn south, and then turn east again and end at Virden Creek. The project will consist of a concrete drainage channel that will vary in depth. The City of Waterloo hopes that alleviating flooding in this area will help spur development along the east side of US Highway 63 corridor. The appraisal report does not take into consideration any benefits of the project. The proposed acquisition area runs east and west along the width of the parcel. The taking includes a mostly rectangular piece approximately 997' feet long and 60.01' feet wide. The total amount of land being taken is 1.41 acres. The area for the proposed temporary easement is on the southern edge of the acquisition area and is a strip of land approximately 50.00' wide by 997.56' long. The entire area of the temporary easement is approximately 1.15 acres. The plats and legal descriptions for these taking and easement areas are in the exhibit section of this report. IMPACT OF THE TAKING —411 Comments: The taking will reduce the land area of the subject property and divide the parcel. The City of Waterloo says there will be access over the proposed channel near Virden Creek to the east. The acquisition area is necessary to construct the channel and alleviate flooding on the northeast part of Waterloo. The temporary easement will be returned to the property owner. The temporary easement will temporarily encumber the illustrated area and will not damage the remainder of the site. The temporary easement will only be during the construction period, which is expected to be 6 months. HIGHEST AND BEST USE The subject property fringes the City of Waterloo and this part of the community has some commercial growth in the last 2- 3 years but residential growth has been modest. Surrounding land uses include single-family homes to the southwest, which were built primarily before 1960, agricultural land to the north and east, and light commercial further west along US Highway 63. The subject is currently used for row crop production. Due to the current demand for farmland in Iowa and limited growth in the subject's immediate area in the past decade, its highest and best use is considered to be agriculture. The agricultural use is physically possible, legally permissible, financially feasible and maximally productive both before and after completion of the construction project. The property will remain the same use after the construction project is completed. The acquisition, temporary easement will not change the highest and best use of the subject property. Rally Appraisal, LLC Page 25 of 46 Page 162 of 264 Project Rendering ASSIGNMENT CONDITIONS Identify / describe relevant conditions / assumptions pertinent to the valuation assignment (e.g. access, title, legal, etc.): The value of the subject property is being estimated using a Value Finding format. The project involves a temporary easement only and no fee title acquisition is involved. "SCOPE / INTENDED USE / INTENDED USER This appraisal report is presented in a Value Finding format. The significant elements of scope include a site inspection, a call or meeting with the owner, and a search of comparable sales in the area. The sales were analyzed and all aspects of the project were considered for just compensation. The appraisal format incorporates the IDOT forms and required valuation methodology. INTENDED USE / USER / EFFECTIVE DATE: The intended user is the City of Waterloo and is intended for eminent domain proceedings. The effective date of the fee simple market value is, as of the date of the inspection, on June 6, 2019. APPRAISAL PROCESS AND INSPECTION: The subject property was inspected by the appraiser on June 6, 2019. The appraiser also relied on acquisition plats and plans for the project provided by the City of Waterloo. TYPE OF REPORT: This report is intended to be an appraisal report. This is an Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2 (a) of the Uniform Standards of Professional Appraisal Practice (USPAP) for an Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning data, reasoning, and analyses is retained in the appraiser's files. The depth of discussion contained in this report is specific to the needs of the client and for the intended use as stated on the following page. The appraiser is not responsible for unauthorized use of this report. Exposure Time: is defined as "the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective opinion based on an analysis of past events assuming a competitive and open market. Exposure time is always presumed to occur prior to the effective date of the appraisal....lt is noted that the overall concept of reasonable exposure encompasses not only adequate, sufficient, and reasonable time but also adequate, sufficient, and reasonable effect.01 In case of the subject, exposure time is determined to be 3 months. [11 Uniform Standards of Professional Appraisal Practices & Advisory Opinions, 2018-19 Edition, Appraisal Standards Board, The Appraisal Foundation. Rally Appraisal, LLC Page 26 of 46 Page 163 of 264 Valuation — COST APPROACH The subject of this appraisal is parcel of land, unimproved farmland. Since there are no improvements, the cost approach does not apply and is not being developed herein. The omission of the cost approach does not affect the credibility of this report. Rally Appraisal, LLC Page 27 of 46 Page 164 of 264 The subject is agricultural land that is rented for $175 per acre, which is lower than what is typical for the market. Cash rents are currently not supporting the value of farmland due to strong increase in land values in the last few years. The income approach has little influence and has not been completed. Omission of the income approach does not affect the credibility of this report. The income approach is not necessary to produce a credible opinion of value. There is enough sales data to estimate an accurate land value. Rally Appraisal, LLC Page 28 of 46 Page 165 of 264 Valuation — SALES COMPARISON APPROAC The appraiser researched land sales in the region for ground with similar use potential as the subject. The Multiple Listing Service and the Black Hawk County Assessors records were researched and the following sales were discovered and analyzed. COMPARABLE LAND SALES SUMMARY TABLE No Address City Sale Date Sale Price Size (Acres) Price/Acre 1 Duff & E. Dunkerton Rds Fairbank Feb-19 $334,611 65.61 $5,100 2 Spring Creek Rd Jesup Dec-18 $212,992 33.28 $6,400 3 Winslow Road Janesville Dec-18 $195,132 28.28 $6,900 4 E. Donald St Waterloo May-18 $200,000 37.19 $5,378 Summary: The sales in the chart above are all farmland with average to below -average soil quality. Three of the four sales were purchased for row -crop production, while Comparable Sale 3 could potentially be improved with a single-family home. The four sales are all within Black Hawk County, like the subject is. They are considered the best available, most recent, and provide a favorable indication to value the subject property. The typical buyer would likely consider all four of the sales, if all were available. Sale 1: sold at a public auction in February of 2019 and consists of 65.61 acres of farmland with a CSR2 rating of 63.93. Approximately 20 acres were enrolled in CRP and prone to flooding with the remainder being farmed. The location of this comparable is similar to the subject but this sale has a slightly higher CSR2 rating so a downward adjustment of 5% is necessary. This sale brackets the lower range at $4,845 per acre after adjustments. Sale 2: is a single parcel of farmland, south of Jesup, in eastern Black Hawk County. It was approximately 94% tillable with a CSR2 rating of 56.8, which is superior to the subject so this sale adjusts downward 5%. Comparable Sale 2 supports a value of $6,080 per acre after adjustments. Sale 3: Is located just west of Janesville in northwestern Black Hawk County. It was purchased to potentially be improved with a single-family home and this lot could be subdivided further to accommodate more than one dwelling. The overall site utility of this comparable is superior to the subject so it adjusts downward 25%. No other adjustments are necessary to this sale and it supports a value of $5,175 per acre after adjustments. Sale 4: Is located near the subject on East Donald Street. It contains 37.19 total acres with approximately 23 tillable acres, which has a CSR2 rating of 56.1. A downward adjustment of 5% is necessary to this sale due to the difference in soil quality and Comparable Sale 4 supports a value of $5,109 after adjustments. Rally Appraisal, LLC Page 29 of 46 Page 166 of 264 Summary of land value estimate: The sales support a value for the subject between $4,846 and $6,080 per acre, with an average of $5,302 per acre. The estimated value for the subject is toward the lower range at $5,100 due to its soil quality. $5,100 / Acre Rally Appraisal, LLC Page 30 of 46 Page 167 of 264 Value of the Fee Title Acquisition Area The subject has a proposed fee title acquisition area of 1.41 acres. The estimated value of this area at $5,100 per acre is as follows: 1.41 Acre X $5,100 per acre = $7,191 Rally Appraisal, LLC Page 31 of 46 Page 168 of 264 Value of the Temporary Easement The subject has a proposed temporary easement area of 1.15 acres. The estimated value of this area at $5,100 per acre is as follows: 1.15 Acre X $5,100 per acre = $5,865 The owner will get this area back, but a fair return on this area needs to be estimated for just compensation. A reasonable safe rate for an investment with the estimated duration of one year is less than 5%, based on current treasury yields. The best -case scenario is an estimated return of 10% annually applied to a 6 month holding period will be used to estimate the value of the temporary easement for just compensation. (10% annual rate x (6 months / 12 months)) X $5,840 = $293 Rally Appraisal, LLC Page 32 of 46 Page 169 of 264 arksvale -I-I- • 27 Waverly Shell Rock 1 Ur-•. its 1 Comp Winslow Road Sale: IA 1 Sale: se,voor ells II 2i6 '; 1 561 ater9oo LAND SALES MAP 111F15.111 Denver Subject Nardi o 9edarci Dr Waterbo, IA 50703 Rei nbeck Hudson Traer Eva Comp 1 Dull 3. E ]unkertan Rds Fairbank, A Sale: $5,140.1Aare Campo E. Donald St Waterbo, IA Sae: ,1}5,373. Acre La Porte City 1 Jesup !"l 20 oelwein Independence Urba Rally Appraisal, LLC Page 33 of 46 Page 170 of 264 Land Sale 1 Location Data Location: County: Assessor's Parcel No: Record ID: Physical Data Net Acres: Net SF: Topography: Shape: Utilities Telephone: Electricity: Water: Sewer: Gas: Zoning: Grantor: Grantee: Duff & E. Dunkerton Rds Fairbank, IA Black Hawk 9011-25-351-002 & 001 25055 65.61 2,857,972 Basically Level Rectangular No No No No No A-1, Ag Golden Grain Enterprises Confidential Sale Data Date: Effective Sale Price: Document No: Original Sale Price Price Per Acre: Price Per Square Foot Price Per Unit: Confirmation Source: Confirmed by: February 21, 2019 $334,611 NYR $334,611 $5,100 $0.12 $0 Broker jherink This comparable is a combination farm just east of Dunkerton in Black Hawk County. The property sold at a public auction in February of 2019. The entire site contains 65.61 acres with 20.25 acres enrolled in CRP. The CSR2 rating on the tillable acres was 69.94 per Agridata and the price per point was $82.66. The CRP ground was prone to flooding. The CSR2 rating on the entire parcel was 63.93, per Agridata, and it was approximately 70% tillable. Rally Appraisal, LLC Page 34 of 46 Page 171 of 264 Land Sale 2 Location Data Location: County: Assessor's Parcel No: Record ID: Physical Data Net Acres: Net SF: Topography: Shape: Utilities Telephone: Electricity: Water: Sewer: Gas: Zoning: Grantor: Grantee: Spring Creek Rd Jesup, IA Black Hawk 8811-24-176-001 25540 33.28 1,449,677 Basically Level Rectangular No No No No No A, Ag Friday Family Trust Joshua & Christy Weber Sale Data Date: Effective Sale Price: Document No: Original Sale Price Price Per Acre: Price Per Square Foot Price Per Unit: Confirmation Source: Confirmed by: December 18, 2018 $212,992 2019-010876 $212,992 $6,400 $0.15 $0 Deed/Assessor jherink This is a small tract of farmland southwest of Jesup in eastern Black Hawk County. It was sold privately by a trust and was approximately 94% tillable with a CSR 2 rating of 56.8. The price per point is $113.72. Rally Appraisal, LLC Page 35 of 46 Page 172 of 264 Land Sale 3 Location Data Location: County: Assessor's Parcel No: Record ID: Physical Data Net Acres: Net SF: Topography: Shape: Utilities Telephone: Electricity: Water: Sewer: Gas: Zoning: Grantor: Grantee: Winslow Rd Janesville, IA 50677 Black Hawk 9014-033-51-003 25132 28.28 1,231,877 Basically Level Irregular Yes Yes Yes No No A, Ag DS Development, LLC Jacob & Kathleen Reed Sale Data Date: Effective Sale Price: Document No: Original Sale Price Price Per Acre: Price Per Square Foot Price Per Unit: Confirmation Source: Confirmed by: December 07, 2018 $195,132 2019-008929 $195,132 $6,900 $0.16 $0 MLS/Assessor jherink Just less than 30 acres of land two miles west of Janesville in rural Black Hawk County. The land was in CRP at time of sale but was purchased to be improved with a single-family home and the parcel could potentially be developed into to smaller acreage lots, if desired. Electricity and rural water are available along Winslow Road. This land is less than 15 minutes from Waterloo and Cedar Falls. The CSR2 rating on this property was 50.20 per Agridata and it was 100% tillable. Rally Appraisal, LLC Page 36 of 46 Page 173 of 264 Land Sale 4 Location Data Location: County: Assessor's Parcel No: Record ID: Physical Data Net Acres: Net SF: Topography: Shape: Utilities Telephone: Electricity: Water: Sewer: Gas: Zoning: Grantor: Grantee: East Donald Street Waterloo, IA 50703 Black Hawk 8912-14-101-001 24424 37.19 1,619,996 Basically Level Rectangular No No No No No A-1, Ag Harold & Marilyn Even Cletus & Betty Sadler Sale Data Date: Effective Sale Price: Document No: Original Sale Price Price Per Acre: Price Per Square Foot Price Per Unit: Confirmation Source: Confirmed by: May 09, 2018 $200,000 2018-018485 $200,000 $5,378 $0.12 $0 Assessor jherink Just less than 40 acres of land on East Donald Street west of Dewar in Black Hawk County. The site totals 37.19 acres with approximately 23 tillable acres. The remaining land is pasture and prone to flooding. The CSR 2 rating on the entire parcel was 38.80 per Agridata. The CSR 2 rating on the tillable acres is 56.1. Rally Appraisal, LLC Page 37 of 46 Page 174 of 264 Final Reconciliatio The sales comparison approach is the only relevant method to value the land in the impacted area for the proposed project. It is the only approach developed in this report. The quality and quantity of sales data used in the development of the sales comparison approach was adequate to make a reliable estimate of land value for the subject property. The estimated market value for the subject property, for just compensation, is as follows: Total Compensation: Estimated Compensation of the Taking $7,191 Estimated Compensation of the Temporary Construction Easement $293 Estimated Just Compensation $7,484 The estimated just compensation for the proposed project as of June 6, 2019 is $7,484. SEVEN THOUSAND FOUR HUNDRED EIGHTY FOUR DOLLARS $7,484 Rally Appraisal, LLC Page 38 of 46 Page 175 of 264 Flood Map (Part of the subject appears to be in the flood plain) Rally Appraisal, LLC Page 39 of 46 Page 176 of 264 DEFINITION OF MARKET VALUE The term fair and reasonable market value means the cash price which would be arrived at as between a voluntary seller willing, but not compelled, to sell and a voluntary purchaser willing, but not compelled, to buy; both of whom are acting freely, intelligently and at arm's length, bargaining in the open market for the sale and purchase of the real estate in question. Such term does not mean the value under peculiar circumstances where greater than its fair price could be obtained, nor does it mean the price which the property would bring at a forced sale. It does not mean what the property is worth to the plaintiff nor what the defendant can afford to pay, but what it is fairly worth in cash on the open market, as above stated. (Uniform Jury Instruction No. 14.4). In short, the fair and reasonable market value of a property is to be considered in the same manner that a knowledgeable, voluntary buyer determines the fair and reasonable market value of a property -- what are its capabilities, what are its detriments, what is it fairly and reasonably worth in the market place? The jury and/or Compensation Commission is entitled to be informed of all the factors which (1) the willing seller would impress upon a willing buyer that tend to show value, and (2) the willing buyer would impress upon the willing seller that tend to show lack of value -- including sales of comparable properties and evidence of its highest and best use. (Uniform Jury Instruction No. 14.6 and annotated authorities). See also Bellew v. ISHC, 171 N.W.2d 284, 288, 289 (Iowa 1969) and In Re Primary Road No. 141, 124 N.W.2d 141, 147 (Iowa 1963). The determination of "Market Value" may not consider or reflect any enhancement or diminution in value of the subject, caused by the building of the project, which has prompted the taking. (No sales exhibiting these effects may be used as a comparable in arriving at the value of the subject property, either before or after the date of condemnation.) Uniform Jury instruction 14.3 and Socony Vacuum Oil Co. v. State of Iowa, 170 N.W.2d 378. (Iowa 1969). Jurisdictional exception "An assignment condition that voids the force of a part or parts of USPAP, when compliance with part or parts of USPAP is contrary to law or public policy applicable to the assignment." Standards Rule 1-4(f) requires appraisers to analyze the effect, if any, of anticipated public improvements, located on or off site, to the extent that market actions reflect such anticipated improvements as of the effective appraisal date. Article I, section 18 of the Iowa Constitution prohibits consideration of increases or decreases in a property's value caused by the project. It specifically states, "Shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken. The appraisal is subject to jurisdictional exception because (1) The appraisal report must apply the State of Iowa's definition of market value and (2) the compensation must consider the diminution of value due to the impending project. Rally Appraisal, LLC Page 40 of 46 Page 177 of 264 ASSUMPTIONS AND LIMITING CONDITIONS 1. The photographs contained in the individual appraisal reports were taken by the appraiser on the date the property was inspected. Any photo taken on a different date or by another person will be appropriately labeled. 2. The title to the property is good and merchantable, free and clear of all liens and, there are no encumbrances other than those mentioned in the appraisal report. 3. The plans, plats, legal descriptions and other data furnished by others are assumed to be correct and reliable but the appraiser assumes no responsibility for their accuracy. 4. The individual appraisals are made in accord with the Code of Iowa and do not reflect any benefit from the proposed improvement or non-compensable items of damage. 5. Any temporary easement area acquired will be retained by the state until completion of project construction and will be returned in the condition indicated by the highway plans. 6. The existing drainage will not be adversely affected by highway construction unless otherwise specified in the data furnished and the tile lines on the remaining property will function properly after highway construction is completed. 7. The property is appraised as though under responsible ownership and typical management. 8. The property owner will be paid separately for the cost of fencing the new right of way line, if such fencing is needed, in those cases where the state does not erect a right of way fence. The property owner has a right to pasture livestock adjacent to any state erected fence but must assume all responsibility for restraint of such livestock. Any effect on fencing other than right of way fence or temporary fence will be considered in the individual appraisal reports. 9. The property owner or lessee will be paid separately for loss, if any, of growing crops or completed field work. 10. The Agency may use any or all of the contents of the appraisal reports only for its normal business functions. Rally Appraisal, LLC Page 41 of 46 Page 178 of 264 Rally Appraisal, L.L.C. C.-44r Fa11% [.]once • 208 I ranklin SI, Sure A3 • Cedar Fala. to 50613 cent Coca - Manager Jim Henrik -- Senior tpp[alsor Adam 1.10 ran [aexlar Kid3iermann Jon WMenhNd Dave P€rxanore - Commercial Manager f.1Al May 8, 2019 Tim Arrdera Planner II City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 RE: North of 2920 Bedard Drive, Waterloo, Iowa Former Bridge Street, Waterloo, Iowa Adjacent to 3070 W. Airline Hwy, Waterloo, Iowa Phone- (31012H-9373 Far (e441 215-1232 vacre allyaa r isal.r m Dear Mr. Anders; As requested I can appraise the above -referenced prupertles which consist of undeveloped farmland, a commercial lot plus two small industrial Mts. ThB purpose of the Appraisal Rsports will be to estimate the falr market value of the properties as of the date of inspection, The intended use of the appraisals is to estimate the fair market value of the properties as of the date of inspeclion and intended user is the City of Waterloo. The reports are not intended for any other use or for use by others. No responsibility Is accepted for unauthorized use of these reports. f he Appraisal Reports will concentrate on the sales approach to value. The payment of the fee shall not be contingent upon any value estimate reported. The appraisals will be prepared in compliance with the Standards of Professional Appraisal Practice of the Appraisal Institute and in accordance with Title XI of FIRREA dated June 7, 1994. It Is under stood that all three approaches to value will be considered_ The appraisal reports are intended to rxrrnply with the reporting requirements sot forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice and will be in rxompllance with the Iowa Department of Transportation. As such, it may only present sirnnary discussions of the data, reasoning and analyses that were used in the appraisal process to develop an opinion of value. Ad 1iluxlal supporting documentation concerning the data. reasoning and analyses may be retained in the appraiser's file. I he depth of discussion contained in this report is specific to your needs of the intended use slated above. Your approval below acknowledges your acceptance of the attached General Limiting Conditions, dated May of 2019, and this ar; eernent plus the authorization to perform the appraisal assignment. The fee for the appraisal will be $3,200 and the assignments will be completed by July 14. 2019. If additional court testimony is required it will be billed at an hourly rate of $150 per hour that Includes preparation and travel time. Sincerely, Jaynes Fter ink Certified Genortil Real Property Appraiser GG02627 (Irnrra) Mr. Tim An Planner tl, City of Waterloo Rally Appraisal, LLC Page 42 of 46 Page 179 of 264 Rally Appraisal, L.L.C. Geda► FaAS omoe • 209 r'raidle SI, Stile A3 • Cedar Fella, L. 8Oe13 Clint Cata - Manner Jinn Hegel( — Senior Appraiser Adam Fleran nexler Klonrorrnann Jon Wierho 1 Dave Passmore • Can/nerds' MenagerMAI General Lirraina Conditions Phone (3191 7660373 Fax- (BM] 2I6-1232 12e69. rallyappraisal cum 1. The appraisers MI not be required to give testimony or appear in court because of having made the appraisal with reference to the subject property in question unless arrangements have ben previously made. 2. Possession of the report does not carry with it the right of publication. Out•of•context quoting from or partial reprinting of this appraisal report is not authorized. Further, neither aN nor any part of this appraisal report shall be disseminated to the general pubilc by the use of media for public communication without the prior written consort of the appraisers signing this appraisal report unless required by law. 3. Disclosure of the contents of this report is governed by the By -Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of then appraisers or the firm with which they are connected, or any reference to the Appraisal Institute or to the appraisal designations) shall be disseminated to the public through advertising mole, public relations media, news media, sales media, or any other public; means of communication without the prior consent and approval of the authors unless required by law. 4, The distribution ofi the total valuation in this report, between land and improvements, Is applicabFe only as a part of the whole property. The lend value, or the separate value of the improvements, must not be used in conjunction with any other appraisal or estimate and Is invalid If so used. 5. No environmental impact studies were either requested or made in conjunction with this appraisal report. The appraisers, thereby, reserve the right to alter, amend, revise, or rescind any of the value opinions based upon any subsequent environmental impact studies, research ur investigation. 6. Unapparent Conditions: The appraisers assume that there are no hidden or uneppere nt conditions of the property, subsoil or struutures wtiich would render it more or lees valuable than otherwise cornparable property. The appraisers are not experts in determining the presence or absence d hazardous substance, defined as all hazardous cr toxic materials, waste, pollutants or contaminants {including, but riot limited to, asbestos, PCB, UFFI, or other raw materials or chemicals) used In c oeStruction or otherwise present an the property_ The appraisers assume no responsibility for any engineering studies or analysis which would be required to conclude or discover the presence or absence of such substances or for loss as a result of the presence of such substances or for t.rrtapparent physical cxxlditIons. The value estimate is based on the assumption that the subject property is not so affected. 7. The Americans with Disabilities Act t"ADA-) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it Is In conformity with the various detailed requirements of the ADA_ It is possible that a compliance survey of the property. together with a detailed analysis of the requirements of the ADA, could reveal that the property Is not in compliance with one or more of the requirements of the Act. if so. this fact could have a negative effect upon the valuo of the property. Since the appraisers have no direct evidence relating to this Issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. Rally Appraisal, LLC Page 43 of 46 Page 180 of 264 Rally Appraisal, L.L.C. Ceder Falk Olin* • MO Franklin St, Suite A3 • Cedar f ails, IA 50613 CInl Cola • Manager Jirn FW1nk — Senior Apprelssrr Aden Harare Dexter Klostefmann Jan Mc hold Dane PaRsmole - Commercial Mn'.iagflr MAI Phone- (319) 2s6- I373 r-alc (&N) 21 -1232 mNw,rallviee rajla Loan 8. An appraisal related to an estate in land that is Toss than the whole fee simple estate applies only to the fractional interest involved. The value of this fractional interest plus the value of all other fractional interests may or may not equal the value of the entire fee simple estate considered as a whole. 9. The appraisal report related to a geographical portion of a larger parcel is applied only to such geographical portion and should not be considered as applying with equal validity to other portions of the larger parcel or trail. -The value for such geographical portions plus the value of al other geographical portions may or may not equal the value of the entire parcel rr tract considered as an entity. 10. Acceptance of ands r use of Wile appraisal report constitutes acceptance of the foregoing General Underlying Assumptions and General Limiting Conditions, The appraisers' duties, pursuant to the employment to make the appraisal, are complete upon delivery and acceptance of the appraisal report. However, any corrections or errors should be called to the attention of the Appraisers within 60 days of the delivery of the report. 11. Confidential information shall be either: identified by the client as confidential when providing it to an appraiser and that is not available from any other source; or dassllled as confidential or private by applicable law or regulation'. NOTICE: For example. pursuant to the passage of the GramlrLeact-BlEIey Act In November 1999, some public agencies have adopted privacy regulations that affect appraisers. As a result, the Federal Trade Commission issued a rule focused on the protection of 'nonpublic personal information' provided by consumers 10 those involved In financial activities 'found to be closely rotated to banking or usuat in connoction with the transaction of banking.' These activities have been deemed to include "appraisirg real or personal property.' (Quotations are from the Federal Trade Commission, Privacy of Cansurner Financial Information; Final Rule. 16 CFR Part 313) Rally Appraisal, LLC Page 44 of 46 Page 181 of 264 APPRAISAL QUALIFICATIONS — RALLY APPRAISAL James A Hcrink 209 Franklin Street, Suite A-3 Cedar Falls, IA 50613 (319) 266-9373 STATE OF IOWA GENERAL CERTIFICATION #CG02627 Education: 1995 - High School, Leigh Community Schools, Leigh, Nebraska 1999 - Bachelor of Arts, University of Denver, Denver, Colorado Employment I3istory: 12al Ey Appraisal, 1.1.C, Certified General Appraiser 07/04-Present 1lam i1ton College, Admissions 12epresentative 03103-06104 KWWL-TV, News Producer 05/01-03/03 KLIRIKJSK Radio, News Director 06100-05/01 Appraisal Courses: Appraisal Principles 2004 USPAP Certification 2004 National USPAP Updated 2007 Appraiser 1/ I 1 A Today 2008 Repo & 12 EiO) Valuation 2008 Effective Appraisal Writing 2008 National USPAP Update 2012 Making Sense of GIMs, OARS and DCF 2014 Appraising FHA Today 2014 National IJSPAP ilpdate 2014 Supervisory Appraiser/Trainee Appraiser Course 2016 National USPAP Update 2016 Basic Hotel Appraising 2016 Expert Witness of Commercial Appraisers 2016 Appraisal of Owner -Occupied Comm. Properties 2018 Seminars Attended: Appraisal Principles and Procedures 2004 General Appraisal Income Approach Part 1 2009 General Appraisal Income Approach Part 2 2009 General Sales Comparison Approach, 2010 Real Estate Financing Statistics and Valuation Modeling 2010 General Appraisal Report Writing 2010 General Appraisal Cost Approach 2011 General Appraisal I I ighesL & ] 3est Use 2011 Basic Hotel Appraising 2018 Avoiding Mortgage Fraud for Appraisers 2018 2018-2019 7-Hour USPAP Update Types of Properties Appraised: Residential, small income, vacant land, new construction, REO, all types of industrial, farm land, recreational land, multi -family, residential and commercial subdivisions, mini -storage, office buildings, manufactured home parks, special use properties, auto dealerships, retail, funeral homes, C13D, hotels,, hog confinements, dairy and cattle firms, special purpose properties and car washes. Page 45 of 46 Page 182 of 264 r dx�� irh.�iuw STATE OF IOWA ova PFFrTHEHT O. cal Emt PNOr[Sa10NNl U !EISif Aria Gu u11011 This is to certify that the below narned has been granted a certification as: Certified General Appraiser. Certification Humber. CG02627 Expires:June 30, 2020 Status: Active Mr. Jame sAnth ony He rink RallyAppraisal, WC 209 Fran k I in Street, Su ifeA3 CedarFalls , [owa 50613 State of Iowa Real Estate Appraiser Examining Board Certifies James Heriink having given satisfactory evidence of professional qualifications as required by the Code of Iowa is duly authorized to practice in the State of Iowa as a Certified General Appraiser_ In witness thereof the Board grants Certification Number CG02627_ This 7th day of June, 2006 klsanda Lascarnbe Fred Greder Chair Vile ,7sair Page 46 of 46 Page 183 of 264 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-351 RESOLUTION TO APPROVE CERTAIN ACTIONS WITH RESPECT TO THE VIRDEN CREEK DRAINAGE PROJECT, TO ESTABLISH THE AMOUNT OF JUST COMPENSATION FOR CERTAIN PROPERTY INTERESTS TO BE ACQUIRED FOR PROJECT PURPOSES, AND TO AUTHORIZE THE USE OF CONDEMNATION PROCEDURES FOR ACQUISITION OF SAID PROPERTY INTERESTS IN FURTHERANCE OF THE PROJECT OBJECTIVES. WHEREAS, the City of Waterloo desires to undertake a project for drainage way improvements to connect watersheds in the vicinity of Logan Avenue and north of Donald Street with the natural watercourse of Virden Creek (the "Project"); and WHEREAS, on April 7, 2014 the City Council of the City of Waterloo set a date of public hearing on the proposed Project for May 12, 2014, and written notice of said hearing has been mailed as required by law to interested persons, including but not limited to the owners and record contract purchasers of "agricultural land" as defined by Iowa Code § 6A.21, and has been published in the manner required by law; and WHEREAS, the public hearing has been held and the City Council of the City of Waterloo has heard the testimony and evidence submitted by City Planning staff and by members of the general public, and the City Council desires to make a final selection of the Project route and design and to acquire the property interests necessary for the Project, whether fee title, permanent easements or temporary easements; and WHEREAS, the City Council of the City of Waterloo has discussed acquisition of and/or reviewed appraisals for certain properties in the Project area and determined that the appraisals, prepared by Rally Appraisal, LLC, and dated as of May 10, 2013, (the "Appraisals"), represent the fair market value of the property interests to be acquired, and the City of Waterloo desires to purchase the property interests necessary for the Project for the appraised value of same; and WHEREAS, in the event that good -faith efforts to negotiate the purchase of property interests is not successful, the City Council of the City of Waterloo desires to authorize the use of condemnation procedures under Iowa law to acquire the property interests by eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the route and design of the Project as presented to the Council shall be and hereby are selected as the final Project route and design. Page 184 of 264 Resolution No. 2014-351 Page 2 BE IT FURTHER RESOLVED that the amount set forth opposite the name of each owner of land that includes property interests necessary for the Project is determined to be the just compensation, as determined by the Appraisals, for acquisition of all fee title and permanent easements in and upon such properties that are reasonably necessary for the Project: Owner of Record Richard and Helen Anderson Allen and Angie Alcorn per acre price $6,800.00 $9,979.00 BE IT FURTHER RESOLVED that the amount set forth opposite the name of each owner of land that includes property interests necessary for the Project is determined to be the just compensation, as determined by the Appraisals, for acquisition of all temporary easements in and upon such properties that are reasonably necessary for the Project: Richard and Helen Anderson $2,104.00 for 6.19 acres Allen and Angie Alcorn $391.00 for 1.15 acres BE IT FURTHER RESOLVED that the Community Planning and Development Department is authorized to incur such incidental costs, relocation costs, management costs, and other costs as may be reasonably necessary or required by law to assure payment of just compensation to the property owners and to assist in relocation and other expenses made necessary by the Project. BE IT FURTHER RESOLVED that the City Council finds that the Project will constitute a public use, public purpose, or public improvement as contemplated by Iowa Code § 6A.22 and that, accordingly, the use of eminent domain to acquire the property interests is appropriate and authorized by law. BE IT FURTHER RESOLVED that, if efforts to negotiate a purchase of the property interests are unsuccessful, use of procedures prescribed by Chapters 6A and 62 of the Code of Iowa for condemnation of private property for public projects is hereby approved for condemnation of the property interests, it being the reasonable expectation of the City Council of the City of Waterloo that the public purpose of condemnation in support of the Project will be achieved and that the City of Waterloo in carrying out the purposes and intents of the Project will be able to comply with all applicable standards and to obtain all necessary permits. BE IT FURTHER RESOLVED that the offices of Community Planning and Development and the City Attorney are hereby authorized and directed to make use of condemnation procedures, in combination with such additional negotiations with the owners of the ownership interest in the properties or their authorized representatives as may be advisable in the circumstances, to set a date far hearing and to acquire the property interests in furtherance of the objectives of the Project. Page 185 of 264 Resolution No. 2014-351 Page 3 PASSED AND ADOPTED this 12th day of May, 2014. ATTEST: Suzy Sch res, CMC City Cle k Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2014-351, as passed and adopted by the Council of the City of Waterloo, Iowa, on May 12, 2014. 2014. SEAL Witness my hand and seal of office this 12th day of May, A Suzy Scharess,, CMC City Clerk Page 186 of 264 CITY OF WATERLOO Council Communication Resolution setting date of bid opening as March 12, 2020 and date of public hearing as March 16, 2020, for asbestos survey services at 1100 Sycamore Street, 105 E. l0th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court, and instruct City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Planning & Zoning Clerk Office Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy Higby, Nancy Western, Chris Schroeder, Aric Higby, Nancy Action Approved Rejected Rejected Approved Approved Approved ATTACHMENTS: Description Type ❑ RFP-Contract #AS-3-2020-16P Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Date 2/19/2020 - 10:21 AM 2/19/2020 - 11:09 AM 2/19/2020 - 11:46 AM 2/19/2020 - 1:07 PM 2/19/2020 - 3:34 PM 2/19/2020 - 3:37 PM Resolution setting date of bid opening as March 12, 2020 and date of public hearing as March 16, 2020, for asbestos survey services at 1100 Sycamore Street, 105 E. 101 Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street,. 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue. 1004 Fulton Avenue. 817 Bluff Street (Quonset hut only). 514 Johnson Street. 214 Cottage Street. 921 W. 2 Street and 220 Hopkins Court, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval The above mentioned properties where all acquired through Iowa Code 657A. Accepting bids for asbestos survey's is the first of three steps towards demolition. After the asbestos survey's are complete, staff will go out for bid for asbestos abatement on those homes that where found to contain asbestos. And thirdly, staff will then solicit bids for demolition. unknown Nuisance Abatement/Dilapidated Housing Page 187 of 264 Policy Issue: Nusiance abatement Page 188 of 264 CITY OF WATERLOO, IOWA Request for Bids Due Thursday March 12, 2020 at 1:00 p.m. ASBESTOS SURVEY SERVICES 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street, 220 Hopkins Court. Prepared by City of Waterloo Planning and Zoning Department Page 189 of 264 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 1:00 p.m. Thursday March 12, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: Date of Issuance: Deadline for Proposal Submittal: Submit Sealed Proposal to: Address exactly as stated- —> —> Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: ASBESTOS SURVEY SERVICES-1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. Wednesday February 19, 2020 Thursday March 12 at 1:00 p.m., Central Time SEALED RFP FOR ASBESTOS SURVEY SERVICES City Clerk's Office City Hall 715 Mulberry Street, Waterloo Iowa, 50703-1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streets -a-ra6lewl of 264 Street and 220 Hopkins Court. Page 2 of 11 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streets -a-ra6levvillof 264 Street and 220 Hopkins Court. Page 3 of 11 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks, anticipated to be from (March 12, 2020) to (March 30, 2020). 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streets -a-ra6lewlq2 of 264 Street and 220 Hopkins Court. Page 4 of 11 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail or email to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. 3.2.4 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streats -ra6leN1M of 264 Street and 220 Hopkins Court. Page 5 of 11 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre - demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and monitoring of abatement in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Monitoring of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement monitoring, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.9 Reserved RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streats 44 of 264 Street and 220 Hopkins Court. Page 6 of 11 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. 4.1.12 Provide the above -described monitoring services on an as -needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within thirty (30) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. 4.3 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage StreaL?a6IeV1 of 264 Street and 220 Hopkins Court. Page 7 of 11 SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage StreAts of 264 Street and 220 Hopkins Court. Page 8 of 11 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage StreAts of 264 Street and 220 Hopkins Court. Page 9 of 11 EXHIBIT "A" SIGNATURE PAGE 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage StreaL?a6IeV1of 264 Street and 220 Hopkins Court. Page 10 of 11 Our bid, for asbestos survey services of the above listed sites is and will not exceed: 1100 Sycamore Street $ 105 E. 10th Street $ 300 Allen Street $ 1527 E. 4th Street $ 2127 E. 4th Street (St. Mary's Church and School Buildings only) $ 1526 E. 4th Street $ 811 Williston Avenue $ 179 Rebecca Lane $ 1809 Black Hawk Street $ 118 Shilliam Avenue $ 1004 Fulton Avenue $ 817 Bluff Street (Quonset hut only) $ 514 Johnson Street $ 214 Cottage Street $ 921 W. 2nd Street $ 220 Hopkins Court Total $ The contractor with the lowest total bid for all properties will be awarded the contract. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage StreAL?a6IeV1 of 264 Street and 220 Hopkins Court. Page 11 of 11 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 9, 2020 to approve proposed repairs in conjunction with the 2020 Sidewalk Inspection and Repair Program — Zone 10, and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and authorize City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Engineering Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Background Information: Reviewer Knutson, Jamie Higby, Nancy Action Approved Approved Date 2/19/2020 - 10:24 AM 2/19/2020 - 11:45 AM Resolution setting date of public hearing as March 9, 2020 to approve proposed repairs in conjunction with the 2020 Sidewalk Inspection and Repair Program — Zone 10, and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and authorize City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer I request that Council authorize the Engineering Department to notify the property owners of the necessary sidewalk repairs. I also request that Council set March 9, 2020 as the date for a public hearing on the proposed repairs, for discussion on errors and omissions but not costs, and instruct the City Clerk to publish said notice. City staff has completed the sidewalk inspection for Zone 10 and calculated the estimated repair costs for each affected property and are ready to notify property owners. Included in this notice will be an estimate of the repair cost, if included in an assessment program. Property Owner Assessments Under Waterloo ordinance section 7-2A, property owners will be allowed 78 days from the date of notice to voluntarily repair their walk. Property owners, or their designated contractors, will be allowed to obtain sidewalk permits during that 67-day period. The final day to obtain a permit will be Friday, June 26, 2020. All sidewalk repair construction will be required to be completed by Friday, July 3, 2020. Any unrepaired sidewalk remaining would then be included in an assessment program. The assessment program will be prepared following the 78-day period with construction let as soon as possible thereafter. Page 200 of 264 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 9, 2020, to approve an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of property in Black Hawk County and exchange of property in the San Marnan TIF District in the amount of $1,696,636.60, for 47.17 acres and up to $10,000 in closing costs, and instruct City Clerk to publish said notice. City Council Meeting: 2/24/2020 Prepared: 2/21/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Even, LeAnn Approved 2/21/2020 - 5:50 PM ATTACHMENTS: Description Type ❑ Communication to Chris Wendland Backup Material ❑ Assignment of Real Estate Backup Material ❑ Exchange Agreement Backup Material SUBJECT: Submitted by: Resolution setting date of public hearing as March 9, 2020, to approve an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of property in Black Hawk County and exchange of property in the San Marnan TIF District in the amount of $1,696,636.60, for 47.17 acres and up to $10 000 in closing costs, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Set date of hearing Summary Statement: This would be the ninth acquisition of land under the master agreement for the long-term (11 years) purchase of land in the San Marnan area (plus additional amendment area and years to acquire). The City would be acquiring another 47.17 acres of land in this area, southeast of the Highway 20 and Ansborough Avenue interchange for future development. The City price of land being acquired is approximately $35,968.55 per acre for the development land in the City limits. It should be noted other farmland outside of the city limits has been selling for as high as $14,000 per acre, whereas the basis for the exchange agreement (3.16 ratio) and amount specified above is $11,382.24 per acre. This acquisition is paid out of the TIF District revenue itself, not out of general city funds. The TIF District and its funds are designed and required to be spent within the TIF District itself for improvements, this will be a large step in the continued planning, development, and marketing of this area. The City will earn rent money after acquisition, beginning at $190 per acre. Page 201 of 264 The acreages are figured as such: 1) They are buying 33.1 acres in Black Hawk County at $415,405 ($12,520 per acre) 2) Based on the CSR ratings of farm land, that puts multiplier at 3.16. 3) The land cost ($11,382.24) times multiplier (3.16) equals $35.968.55. 5) The total land cost ($1,696,636.60) divided by land value ($35,968.55) determines the City land acquired at 47.17acres. Expenditure Required: $1,696,636.60, plus up to $10,000 in closing costs Source of Funds: TIF cash Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has been working for a number of years on the development of a South Waterloo Business Park, having recently achieved State of Iowa certified Site status. The continued development of this area of the City will work to provide for a major business and light industrial park setting along the Highway 20 corridor. Based on feedback from major companies, business location consultants, and the Waterloo Industrial Development Association, this growth along the Highway 20 corridor is key to drawing large companies, projects, and jobs to the City of Waterloo. This latest acquisition will now have the City owning approximately 153.36 acres, with an approximate 37.98 acres to be acquired under the agreement (from original agreement and amendment to agreement). The City continues to show this area for large development prospects. This current acquisition will further allow for areas of land needed for infrastructure improvements for full service of the area to be acquired immediately. The Waterloo City Council has previously zoned land in this area and expanded the San Marnan TIF District to include this land, down to the recently completed Shaulis Road extension, for business development of the area. The approval of these agreements would work as the next steps in this long-term process of development of this entire Highway 20 corridor area. Page 202 of 264 REDFERN, MASON, LARSEN & MOORE, P.L.C. DAVID R. MASON JOHN C. LARSEN STEVEND, MOORE DONALD B. REDFERN MARK W. FRANSDAL MARK S. ROLINGER BRUCE L. GETTMAN, JR. DAVID H. MASON BRADLEY M. STROUSE KIRSTEN N.JUHL ADAM J. BABINAT ATTORNEYS AT LAW Established 1898 415 CLAY STREET P.O. Box 627 CEDAR FALLS, IOWA 50613 TELEPHONE (319) 277-6830 FACSIMILE (319) 277-3531 www.cflaw.com mrolinger@cflaw.com February 11, 2020 Mr. Christopher S. Wendland, by email: chris.wendland •,cbwhlaw.com Mr. Noel Anderson, by email: noel.anderson waterloo-ia.org Re: City of Waterloo - L & H Farms, Ltd. — William M. Miller Dear Chris and Noel: LEROY H. REDFERN 1919-2007 WM W. MCKINLEY 1926-1981 GEORGE F NEWMAN 1908-1988 JAMES B NEWMAN 1870-1958 This letter follows a conversation between Blake Hollis and Noel Anderson discussing a possible transaction between L & H Farms, Ltd. and the City of Waterloo, Iowa, pursuant to the Option Exchange Agreement in place between the parties. I have enclosed a copy of Farm and Land — Offer for Real Estate (hereinafter "Purchase Agreement") in which Brian Hargens agreed to purchase approximately 250.39 tillable acres of farmland from William M. Miller. The farm is comprised of approximately 149.06 acres ± in the Southwest Quarter of Section 32-87N-13W and approximately 101.22 tillable acres in Section 5 immediately to the South. The land in Section 32 is in black Hawk County. The land in Section 5 is in Tama County. A copy of the purchase agreement accompanies this letter. Brian Hargens will assign his rights in the contract with William Miller to acquire the SW I/4 of Section 32-87N-13 (149.06 tillable acres) to the City of Waterloo so that the City can complete the purchase of the agricultural land and exchange it with L & H Farms, Ltd. for development land pursuant to the Option Exchange Agreement. Brian Hargens will retain the right to purchase the 101.22 tillable acres in Section 5. The Option Exchange Agreement sets forth a formula that we use to determine the number of acres of agricultural land that L & H Farms, Ltd. must receive in exchange for its conveyance of the development land to the City. The formula is: 87.9 ± CSR of the replacement agricultural land x 3.21 The figure 87.9 is the average CSR of L & H Farms, Ltd.'s development land. The figure 3.21 is the number of tillable acres that L & H Farms, Ltd. must receive for each tillable acre of Page 203 of 264 February 11, 2020 Page 2 development ground L & H Farms, Ltd. conveys to the City, assuming that the replacement agricultural land has an identical CSR rating. The William Miller parcel has an average CSR of 89.4. A copy of the soil map showing the average CSF for the William Miller farm accompanies this letter. If we apply the agreed -upon formula to the contemplated transaction with Buzz Anderson, the formula looks like this: 87.9=89.4x3.21=3.16 L & H Farms, Ltd. must receive 3.16 tillable acres of the Anderson parcel for each tillable acre of development ground conveyed to the City. Based upon the fact that L & H Farms, Ltd. will receive 149.06 tillable acres from William Miller, L & H Farms, Ltd. will be obligated to convey 47.17 acres of the development land to the City of Waterloo. I have enclosed an aerial photograph depicting the land that will be conveyed to the City of Waterloo and computations prepared by Blake Hollis which determine the number of acres of development land that must be conveyed to the City of Waterloo as part of the exchange. I have enclosed the following documents for your review with respect to this transaction: 1. Proposed Assignment of Real Estate Contract (Brian Hargens to City of Waterloo). 2. Proposed Exchange Agreement (L & H Farms, Ltd. and City of Waterloo). 3. Proposed Warranty Deed (L & H Farms, Ltd. to City of Waterloo). 4. Agreement Regarding Real Estate Taxes (L & H Farms, Ltd. and the City of Waterloo). We will send proposed closing statements and include Michelle Weidner on the correspondence as we move closer to closing. I am not sure the legal description I have come up with for the development land to be conveyed to the City is correct. We may need to work with Black Hawk Abstract Company to get a legal description that accurately describes the development land depicted in Exhibit C to the Exchange Agreement. Please note that the portion of the purchase price allocable to the parcel to be acquired by the City of Waterloo and conveyed to L & H Farms, Ltd. is $1,698,000.00 ($11,295.41 per tillable acres). The Waterloo City Council must approve the Exchange Agreement, the City's acceptance of the Assignment of Real Estate Contract, the City's acquisition of the Miller Farm, and the City's conveyance of the Miller to L & H Farms, Ltd. in exchange for the development land. Chris Wendland and Noel Anderson should take the steps necessary to get these matters in front of the Waterloo City Council so that we can close on or before Friday, March 13, 2020. The contract provides for a closing on or before Tuesday, March 17, 2020, but Blake Hollis will be leaving town for one week after we close on Friday, March 13, 2020. Our law firm will order a title report for the land that will be conveyed from L & H Farms, Ltd. to the City of Waterloo in exchange for the conveyance of the Miller Farm. Chris Wendland will Page 204 of 264 February 11, 2020 Page 3 use the title report for the land owned by L & H Farms, Ltd. to confirm the marketability of title on the development land. We will eventually examine an abstract of title to confirm marketability of title on the Miller Farm. In the past we have prorated real estate taxes outside of closing for the City's acquisition of the development land. Chris Wendland needs to review my proposed Agreement Regarding the Proration of Real Estate Taxes for this transaction. Chris, in the past you have computed the amount of the check L & H must issue to the City at closing as part of this pro -rate. Please compute for this transaction. I do not believe we have obtained approval of the City Council on the proration agreement in the past. We will handle the proration of taxes with William Miller at closing. I would like Chris Wendland and Noel Anderson to provide confirmation that we can get these matters in front of the City Council in time to close the transaction on or before March 13, 2020. Very truly yours, REDFERN, MASON, LARSEN & MOORE, P.L.C. By: Mark S. Rolinger MSR/rjh Enclosures cc: Mr. Curt Hollis, by email: curt@lanehaven.com Mr. Blake Hollis, by email: bghollis@lanehaven.com lanehaven.com Page 205 of 264 ASSIGNMENT OF REAL ESTATE CONTRACT THIS ASSIGNMENT is made and entered into this day of February, 2020, by and between Brian Hargens, and the City of Waterloo, Iowa, a municipal corporation ("City"). 1. Assignment. Brian Hargens hereby assigns his rights, to acquire the Southwest Quarter of Section 32, Township 87 North, Range 13 West of the 5th P.M. (149.06 tillable acres more or less) in a Farm and Land — Offer for Real Estate entered into between William M. Miller as Seller and Brian Hargens as Buyer on February 1, 2020 (hereinafter the "Purchase Agreement") to City. 2. Acceptance of Assignment. City hereby accepts assignment of the Purchase Agreement and acknowledges that the portion of the $2,850,000.00 purchase price provided for in the Purchase Agreement allocable to land to be acquired by City is $1,698,600.00. 3. Hold Harmless. Brian Hargens agrees to indemnify City and hold City harmless from any an all liability on the part of Hargens to complete the purchase of the remaining real estate included in the Purchase Agreement. HOLLIS FARMS, INC. THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION By: Blake G. Hollis, President By: Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk Page 206 of 264 EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is entered into this day of 2020, by and between the City of Waterloo, Iowa, a municipal corporation ("City"), and L & H Farms, Ltd., an Iowa general partnership ("LHF"). WHEREAS, City has offered to purchase approximately 149.06 acres more or less of Black Hawk County agricultural land described on the attached Exhibit "A" (hereinafter "Farm Land") for the sum of $1,698,600.00 on or before March 17, 2020, if LHF will agree to accept a conveyance of the Farm Land in exchange for 47.17 acres of development land located at the intersection of U.S. Highway 20 and Ansborough Avenue; and WHEREAS, LHF is the owner of 47.17 acres of real property located at the southeast corner of the intersection of U.S. Highway 20 and Ansborough Avenue described on the attached Exhibit "B" and depicted on the aerial photograph on attached Exhibit "C" (hereinafter "Development Land"); and WHEREAS, LHF is willing to convey the Development Land to City in exchange for the Farm Land so as to qualify the transaction for the non -recognition of gain under Internal Revenue Code Sec. 1031 (such exchange being hereafter referred to as the "Exchange"). NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Construction and Interpretation. This Agreement shall be carried out, governed by, and construed in accordance with the laws of Iowa and, to the extent necessary or appropriate, to obtain like -kind exchange treatment under Internal Revenue Code § 1031. The parties agree to execute any additional documents required to allow this transaction to so qualify. LHF agrees to bear any expenses associated with document preparation necessary to qualify the Exchange for like -kind exchange treatment. Section 2. Contingencies. 2.1 City's obligations herein are subject to and conditioned upon the following: A. The City Council for the City of Waterloo, Iowa, adopting a resolution authorizing City to take assignment of the contract to purchase the Farm Land pursuant to the agreed -upon terms and conditions of the assignment set forth in Section 3 below, and further authorizing City to purchase the Farm Land for the sum of $1,698,600.00 pursuant to the terms and conditions of said contract; 1 Page 207 of 264 B. The City Council for the City of Waterloo adopting a resolution authorizing City to convey the Farm Land to LHF in exchange for the Development Land by directing the sellers of the Farm Land to convey it directly to LHF in accordance with the terms of that certain Option Exchange Agreement between City and LHF dated March 8, 2010, as amended on March 30, 2015; C. City completing its purchase of the Farm Land prior to closing on this exchange with LHF. 2.2 LHF's obligations herein shall be subject to and conditioned upon City completing its purchase of the Farm Land. Section 3. Terms of Assignment. City will be taking assignment of an existing contract to purchase the Farm Land. A copy of said contract, as amended, is attached to this Agreement as Exhibit "D." A copy of the Assignment is attached as Exhibit "E." Section 4. Conveyance of Property. 4.1 City agrees to require the current owners of the Farm Land to convey said real property directly to LHF by warranty deed as consideration for LHF's conveyance of the Development Land to City by warranty deed; 4.2 City agrees to accept the conveyance of the Development Land in accordance with the terms and conditions of this Exchange Agreement. 4.3 In recognition of LHF's role in identifying and pre -approving the Farm Land for acquisition by City for purposes of this Agreement, LHF agrees to accept the conveyance of the Farm Land "as is," subject to all conditions, easements, restrictions and other characteristics, and hereby acknowledges that City has not made and will not make any representation or warranty with respect to the Farm Land, whether as to merchantability of said land, its fitness for any particular purpose, or otherwise. 4.4 The parties agree that both the Farm Land and the Development Land shall be deemed to have a value of $1,698,600.00 for purposes of this transaction. 4.5 No cash consideration will be exchanged between the parties. Section 5. Form of Conveyance 5.1 City shall cause the current owner of the Farm Land to convey said real property directly to LHF by Warranty Deed. LHF shall convey the Development Land to City by Warranty Deed. Title shall be merchantable title in accordance with the Iowa Title Standards. 2 Page 208 of 264 5.2 All liens or clouds on title shall be removed prior the Exchange. 5.3 If title cannot be made merchantable within a reasonable period of time, this Exchange Agreement shall become null and void. Section 6. Closing. The closing on the Exchange contemplated herein shall occur contemporaneously with the closing on City's purchase of the Farm Land. It is expected that the closing will occur on or before March 13, 2020. Section 7. Property Taxes. 7.1 LHF acknowledges that City will receive a credit against the $1,698,000.00 purchase price for the Farm Land in an amount equal to the annual real estate taxes on the Farm Land prorated through the closing date, and that as a result of such credit, the seller of the Farm Land will expect City and its successors to pay the installments of property taxes due on and after March 31, 2020. LHF agrees to assume responsibility for making the general property tax payments for the Farm Land due March 31, 2020, and all subsequent installments. 7.2 LHF will pay the property taxes on the Development Land that are due March 31, 2021 and all prior installments. City shall be responsible for real estate taxes attributable to the Development Land due September 30, 2021, and all subsequent installments of general real estate taxes attributable to the Development Land, if any. Section 8. Survey. If the parties determine that a survey of the Development Land, or any part thereof, is required, then City shall reimburse LHF for the cost of procuring a plat of survey for the Development Land. The plat of survey must be completed and filed of record in the office of the Black Hawk County Recorder prior to the completion of the Exchange contemplated herein. Section 9. Abstracting. 9.1 The current owner of the Farm Land will provide City with an updated abstract of title or title report for the Farm Land prior to City having to complete its purchase of the Farm Land. Upon receipt of the abstract of title or title report, City shall deliver it to legal counsel for LHF. Legal counsel for LHF shall examine the abstract or title report and confirm that the current owner of the Farm Land possesses marketable title to the real estate as required by this Exchange Agreement. 9.2 LHF will provide City with an updated title report for the parcel of real estate that includes the Development Land. City acknowledges that the title report may include other real estate. City shall bear the expense of paying the abstract company to prepare a 3 Page 209 of 264 separate abstract of title for the Development Land. City may defer the preparation of this abstract of title until such time as it is prepared to sell all or a portion of the Development Land. Section 10. Other Closing Costs. Each of the parties agrees to pay any closing costs not specifically addressed herein in the manner customarily paid by buyers and sellers as part of real estate transactions in the State of Iowa. Section 11. Option to Rent. City agrees that as long as City remains the titleholder to all or a portion of the Development Land, Lanehaven Farms, Inc., shall be entitled to rent any and all undeveloped portions of the Development Land on a year-to-year basis on the condition that Lanehaven Farms, Inc., enter into a written lease agreement with City requiring, among other things, that Lanehaven Farms, Inc., provide the same indemnification customarily required of tenants in a cash basis farm lease and that Lanehaven Farms, Inc., procure customary liability insurance identifying City as an additional insured. Annual rent for the 2020-2021 crop year shall be $190.00 per acre. Thereafter, annual rent shall be mutually agreed upon by the parties or in the absence of such agreement, it shall be set at the then prevailing fair rental value as determined by a mutually agreeable farm management company such as Hertz Farm Management. Rent shall be payable in December of each calendar year. Section 12. Notices. All notices, requests, demands, directions and other communications required or permitted to be given pursuant to this Agreement shall be valid if in writing and if delivered personally, or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To City: To LHF: Section 13. Amendments. The City of Waterloo, a municipal corporation Attention: Quentin M. Hart, Mayor Attention: Kelley Felchle, City Clerk 315 Mulberry Street Waterloo, Iowa 50703 L & H Farms, Ltd., an Iowa general partnership Lanehaven Farms, Inc., Partner Attention: Curtis Hollis, President 7502 Hammond Avenue Waterloo, Iowa 50701 This Agreement may not be modified except in a written instrument signed by the parties. 4 Page 210 of 264 Section 14. Enforceability. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, executors, personal representatives and assigns. No party to this Agreement may assign their/its rights or interests hereunder without the prior written consent of each of the other parties. Section 15. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. Section 16. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed in this Agreement is intended or shall be construed to give to any person or entity, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, agreements, conditions and provisions herein contained, this Agreement and all of the covenants, agreements, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 17. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Section 18. Intent. It is the intent of the parties that this Exchange Agreement shall permit each party to complete a like -kind exchange pursuant to Internal Revenue Code Sec. 1031 and it is intended to comply with the requirements of the regulations thereunder, including, but not limited to, Reg. 1.1030(k)-1. To the extent that any provisions herein conflict with the requirements of the safe harbor provisions contained therein, the requirements and the conditions of the statute and the regulations shall control. 5 Page 211 of 264 IN WITNESS WHEREOF, City and LHF have each caused this Agreement to be executed, sealed and delivered as of the day and year first above written. THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION By: Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk L & H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner By: Curtis G. Hollis, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2020, by Quentin M. Hart as Mayor and Kelley Felchle as City Clerk of the City of Waterloo, Iowa, an Iowa municipal corporation. Notary Public in and for Black Hawk County, Iowa 6 Page 212 of 264 STATE OF IOWA ) ) COUNTY OF BLACK HAWK ) ss. This instrument was acknowledged before me on the day of 2020, by Curtis G. Hollis as President of Lanehaven Farms, Inc., an Iowa corporation, General Partner of L & H Farms, Ltd., an Iowa general partnership. Notary Public in and for Black Hawk County, Iowa 7 Page 213 of 264 EXHIBIT "A" The Southwest Quarter of Section 32, Township 87 North, Range 13 West of the 5th P.M., in Black Hawk County, Iowa (containing approximately 149.06 tillable acres). 8 Page 214 of 264 EXHIBIT "B" Development Land Parcel Grantor's remaining land in the North Half of the Southwest Quarter (N'/2 SW'/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 AND EXCEPT that part thereof described in a deed dated April 29, 1996 and filed May 1, 1996, at Book 567 Land Deeds at Page 633 AND EXCEPT that part thereof described in a deed dated April 4, 1997 and filed April 4, 1997 at Book 569 Land Deeds at Page 042, all filed in the Office of the Black Hawk County Recorder. AND The North Half of the South Half of the Southwest Quarter (N'/2 S'/2 SW 1/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT the West 385 feet thereof; AND The south 103.6 feet of the East One-half of the Northwest Quarter of Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian in Black hawk County, Iowa lying Southerly of Highway U.S. No. 520 as described in 539 LD 996, except that part conveyed to the State of Iowa in Doc. #2006-18278. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. *City and LHF herby agree that the above legal description may need to be modified to address concerns or requirements imposed by the Black Hawk County Recorder and/or auditor. 9 Page 215 of 264 2020 Exchange Area: 44.08 ac Dataset - Name: 2020 Exchange 2/11/2020 9:29:18 AM Ag Leader Technology SMS Advanced Page 1 of 1 Page 216 of 264 EXHIBIT "D" William M. Miller Contract 10 Page 217 of 264 EXHIBIT "E" ASSIGNMENT OF REAL ESTATE CONTRACT 11 Page 218 of 264 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 216 Rhey Street in the amount of $98.25, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 2/19/2020 - 12:00 PM SUBJECT: Submitted by: Summary Statement: Resolution approving cancellation of assessment for 216 Rhey Street in the amount of $98.25, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley F elchle, City Clerk This property was assessed in error. $10.45 - Storm Water $87.80 - Garbage Page 219 of 264 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Ali's Comer, 1117 E. 4th Street. City Council Meeting: 2/24/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 2/19/2020 - 10:51 AM SUBJECT: Cigarette/Tobacco Permit New Application for Ali's Corner, 1117 E. 4th Street. Page 220 of 264 CITY OF WATERLOO Council Communication Recommendation of appointment of Scott Brunson, to the position of Sanitation Director at the Public Works Sanitation Department, effective March 5, 2020, pending pre -employment requirements. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Public Works Department Reviewer Higby, Nancy ATTACHMENTS: Description ❑ Sanitation Questionnaire ❑ Sanitation Job Description ❑ P ersonnel Requisition SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Type Cover Memo Cover Memo Cover Memo Date 2/19/2020 - 10:00 AM Recommendation of appointment of Scott Brunson, to the position of Sanitation Director at the Public Works Sanitation Department, effective March 5, 2020, pending pre -employment requirements. Submitted By: Randy Bennett, Public Works Division Manager Approve appointment To fill the vacant position of Sanitation Director, due to a resignation in December 2019. Salary $70,000.00 Benefits - $99,550.40 Sanitation Funding - 525-15-5400-1111 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 221 of 264 PERSONNEL REQUISITION Sanitation Director The following questions are provided as guidelines to assist you in developing your rational for the position of Sanitation Director in the Sanitation Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Over sees and assigns staff for the daily operation of refuse, recycling and yard waste collection. Works with and coordinates city wide, neighborhood and code enforcement cleanups. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes, however, if this were given to another director they would not be able to provide the proper oversite to manage the staff and follow up on daily call in's and still oversee their respective department. (3) How is the work of this position being accomplished now? We have the Department Head, Fleet Director and clerical staff trying to fill in on the duties. (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)? Provides manpower to provide the citizen services which are expected. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Would probably not increase revenues, however, would significantly reduce the potential for dis-satisfied customers. (7) (8) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Overtime / comp time requirements are seasonal. Yard waste pickup and site maintenance require significantly more man-hours. Customer service is a key ingredient. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. It is my understanding that staffing levels over the past three fiscal years have remained consistent. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Lack of this position will increase overtime for other departmental Page 222 of 264 employees and negatively affect the proper oversite and efficiently of the other department assisting to get the job done. . (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Employee time off is managed to insure daily work assignments are covered. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? I don't believe there would be savings, however, to the best of my knowledge, this alternative has not been investigated and would require outsourcing the entire department as opposed to one position. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is funded totally with user fees, not property taxes. Citizens who pay for these services, expect these services (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position supports the goal of providing excellent citizen services. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 223 of 264 Submit resume by going to www.cityofwaterlooiowa.com, clicking on Career Opportunities, reviewing the description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Resumes will be accepted until position is filled. POSITION VACANCY SANITATION DIRECTOR DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT PUBLIC WORKS - SANITATION SERVICES $65,000 to $75,000 EXEMPT EXCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Sanitation Director position is responsible for coordination and supervision staff including and all maintenance and daily operational activities related to the collection and hauling of garbage, yard waste, recycling, large item collection, neighborhood, City-wide and code enforcement cleanups. In addition to administration of daily activities, develops budgets to suggest to the Public Works Manager. Reviews, plans, and proposes long range policies to reduce materials going to the land fill and to have a sustainable sanitation system. The work is performed under the general direction of the Public Works Division Manager, but considerable leeway is granted for the exercise of independent judgment and initiative. Directly responsible for supervision of all the solid waste technicians and seasonal employees. Will act on behalf of Division Manager in his absence. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Responsible for planning, organizing and directing the activities of all employees on a daily basis; assists the Public Works Division Manager in establishing and setting long term goals and objectives for the Department. 2. Supervises plans, assigns, schedules and reviews work of solid waste operators including productivity and daily field operations. 3. Plans, organizes and directs neighborhood cleanups; directs activities of large item collection service and code enforcement cleanup activities at illegal dumpsites and cleanup of debris at mowing sites. 4. Responsible for orientation of new employees, schedules work assignments and recommends solutions to personnel problems. 7. Monitors maintenance of depai ttuent equipment and coordinates a training program to ensure safe operation of equipment. 8 Directly interacts and communicates with the public regarding daily services and answers concerns. Responds to citizen requests for service and investigates and resolves citizen complaints. 9. Responsible for safety training of Sanitation staff, including initial Haz-com and PPE training 10. Makes recommendations to the Division Manager in the development of routing and scheduling. 11. Makes recommendations to the Division Manager in hiring, evaluating and disciplining department employees; serves as first line supervisor to resolve any issue brought by any situation relating to the Collective Bargaining Agreement. 12. Oversees and monitors works performed by consultants and contractor and takes appropriate measure when necessary. 13. Attends work regularly at the designated place and time. Page 224 of 264 14. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Public Works safety rules and regulations. 15. Performs administrative duties including assisting with budget preparation, union contract administration and personnel evaluations. 16. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Ability to plan, organize, assign, supervise and review work of subordinate employees. 2. Ability to solve problems involved in coordinating the collection of solid waste. 3. Ability to make independent decisions and recommendations on a variety of solid waste issues. 4. Ability to operate personal computer and learn related software applications. 5. Ability to review work logs and statistical data, present facts and findings clearly and concisely. 6. Ability to enforce rules, policies and procedures; ability to observe, identify and enforce safety violations. 7. Ability to understand, give and carry out written and verbal instructions and respond to questions from supervisors, elected officials and subordinates. 8. Ability to discuss solid waste issues with the public tactfully and promptly, in a clear, concise and easily understandable manner, having solid working knowledge of all ordinances, policies, guidelines and fee structures relating to solid waste collection. 9. Ability to maintain effective working relationships with other City departments. 10. Ability to keep accurate and thorough records of customer base and services provided. 11. Assists with orienting new employees and solving personnel problems; approves vacation and other time -off requests and monitors use of sick leave and other absences. 12. Demonstrates an ability to understand and exercise constraints as they relate to department budget and expenses 13. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduation from an accredited college or university preferably with a Bachelor's degree in Public Admiration or Environmental Science or Social Sciences. Other fields may be considered with proven related experience and leadership background. 2. A minimum of 3 years of supervisory experience in predominantly municipal sanitary and solid waste management and/or proven related experience OR 3. Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 6. Current driver's license and good driving record based on City of Waterloo driver performance criteria. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient clarity of speech and hearing or other communication capabilities that permits the employee to communicate effectively with coworkers, vendors, contractors, elected officials, Federal, State and other government regulatory agencies in person or over a phone, to understand and give verbal instructions and respond to questions from the public or coworkers. 2. Sufficient personal mobility and physical reflexes that permits the employee to operate passenger vehicle (generally a pickup truck) safely in all types of weather and a variety of street conditions and to access work sites in all areas of the City. Page 225 of 264 3. Sufficient vision or other powers of observation that permits the employee to review a variety of written material, to operate a passenger vehicle and to complete regulatory reports. 4. Sufficient manual dexterity that permits the employee to operate a personal computer, handle files and perform other administrative/technical responsibilities. MISCELLANEOUS 1. Willing to comply with City of Waterloo residency policy concerning emergency response time within six month probationary period (must live within ten mile radius of Waterloo City Hall); must maintain a local telephone number. 2. The City of Waterloo reserves the right to require a physical examination, including a drug test, by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the job classification. 3. The City of Waterloo will conduct a background investigation including employment, education and criminal history checks on any applicant being considered for this position. 4. Must submit to and pass oral interview(s). WORK SCHEDULE Generally 6:00 a.m. to 3:00 p.m. Monday through Friday with one -hour unpaid lunch. Hours may vary based on flexible scheduling or needs of the department. Must be available outside of and in addition to these hours for City meetings, council meetings and emergency activities that require the attendance of the Sanitation Director. SANITATION DIRECTOR DESCRIPTION DECEMBER 2019 Page 226 of 264 PERSONNEL REQUISITION.:FORN ' i V 1 Cheep as applikable; El To. start rOarrrititlg :Ur: civil "service process and/or lig To.fill a:vacaric + E Active Civil Service List :Expires:: prgpo:sedjolt dk.Scription and questionnaire must o company .this: form at time of.slaainiSsiai to JEnrnan Resources, * i***,4 **4,veer-x***** 4.4,*4{— ****** ****4,****44*, ,,,,i4,44-*****4 *******4,5•4 4,4**, * ,o,A,% 1 -t, Operations Sit ierVisor Reports To: Public Works Division Manager` Employment Status: w 1 Regular Full. Time Regular Part Tiime Regular 7-Month Type of Position Civil Service Position: Bargaining, Position:' Bargaining Group:: boil baigairiiitg.1 itioli: Yes O "des: Depai tinent: Sanitation Work Location: : public Works [ ] Ternporaty Pull Time: from to . Temporary Fart Time; from fntorn/Co op Studotat from to. "WA No Reeoixrn end 'it 1 earuiti Tent Sri hoes: [ Internal Posting Only Interital-Pttstttlg'arid External Advertising dk***-,k*****:*****)k?k******** 'i***>k**** *:*******#***** 4 .?$** 44`k#**al *Aig********* 8 4,44#W******** k*:14** °Complete the foflow lg if tlte;tequisition is to fill a uaaancy: } New Position or Eli Replacement Position for. Sate Barrett Sanitation. Operations Supervisor (Specify t<irra WOO of former innumbant} 0ate.1n0mbpot leimi fated employment:.12-0 19 t ate:of iiai_payout: 't2.2040. Anticipated start date:. ASAP:No, ofliours/weekx 4b'. Work Settetlttle: Jilstif cation cifirreed.faif position. This. position is replacement fO :resignat7iOn ofSatiitat on Supervisor?,, An individual capable of making: departmental: decisions in the best interest•of:the City. What are the :l rely consequences: if the position is not. filled? .Criticaipositton :in the .delivety.of services to .oitizens> Annual salary,regpi a rieizts $:74,180 80. fs posifrbn budgeted for- Otis and future FYs? IZI Yes A MOVAI4 S. 1'#otmly Rate,35,76 . (:$5O:S6) Benefits; 1044753,36 (P tytcll taxes, p nstai', Ihaibbh ins = assuming family) Nb Jfno, liow"y 1t position bo ,funded?.. Approved subjot-ta:the following conditions: subset ,Clija It , g Department Head Fitt brat°i ltic6t: 'Humart.Resourees orn.mittce Cli aionic4`W/20r4.` 1r 1 Date /A -I &-/Q imersou Date Mayor i Page 227 of 214 CITY OF WATERLOO Council Communication Resolution approving the Iowa Certified Local Government 2019 Annual Report, and authorizing the Mayor and Planning Staff to execute said document. City Council Meeting: 2/24/2020 Prepared: 2/18/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description o CLG Report o Annual Report Certification SUBJECT: Submitted by: Recommended Action: S ummary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Cover Memo Date 2/19/2020 - 10:22 AM 2/19/2020 - 10:46 AM Resolution approving the Iowa Certified Local Government 2019 Annual Report, and authorizing the Mayor and Planning Staff to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval As a Certified Local Government the City of Waterloo needs to file a report annualy to the State of Iowa and the United States Department of the Interior. The benefit of being a Certified Local Government: • Access to special funding • Recognized by State and Federal Agencies • Technical Assistance for the State Historic Preservation Office • Information Excahnge This year the Historic Preservation Commission has accomplished: • Finished the Northeast Triangle Historic Survey. • Recognized 5 groups and individuals for their contributions to historic preservation in the city. • Continued working with the consultant on the Civil Rights survey project including holding a public hearing on November 4th. • Presented twice at the Waterloo Public Library. None N/A Page 228 of 264 Policy Issue: Alternative: Historic Preservation Don't approve, which would cause the City of Waterloo to no longer be designated as a Certified Local Government. Page 229 of 264 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission NOT SUBMITTED Reviewers cannot see your material until you submit your application. Once you have finished the last step, you will receive a confirmation message and ID number. State Historical Society of Iowa 2019 Certified Local Government Annual Report John Dornoff 715 Mulberry Street Waterloo, IA 50703, United States 319-291-4366 john.dornoff@waterloo-ia.org Forms Edit Certified Local Government Annual Report * indicates a required field Under the CLG Agreement with the State, local governments and their historic preservation commissions are responsible for submitting an annual report documenting the commission's preservation work and that they have met the requirements of the CLG program. This annual report is also an important tool for your commission to evaluate its own performance and to plan for the coming year. 1. Name of the city, county, or land use district: Please choose the name from the drop down table. Waterloo Historic Preservation Commission https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 230 of 264 1/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission 2. Did your commission undertake any projects for historic identification/survey, evaluation and or registration/nomination projects in this calendar year? CLG Standards are in your local government's Certified Local Government (CLG) Agreement and the National Historic Preservation Act: 1) The CLG shall maintain a system for the survey and inventory of historic and prehistoric properties in a manner consistent with and approved by the STATE. 2) The CLG will review National Register nominations on any property that lies in the jurisdiction of its historic preservation commission. Please upload any Iowa Site Inventory Forms or other survey materials produced during the year. Please do not upload any projects that were funded with a CLG or HRDP grant, mandated by the Section 106 review and compliance process, or National Register nominations as we already have these documents in our files. yes 3. Were any National Register of Historic Places (NRHP) properties in your City, County, or LUD were altered, moved, or demolished in this calendar year? no 4. Does your local government designate local landmarks or local districts? IMPORTANT: Most local governments do not have a program for local designation. If you have questions about whether you have a local designation program or not, please contact Paula Mohr before you complete this section. No 5. If you answered yes to the previous question, in this calendar year, what properties did your city place on its list of locally designated historic landmarks and/or historic districts? Please provide the historic name and address of each property https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 231 of 264 2/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission IMPORTANT: Most local governments do not have a program for local designation. If you have questions about whether you have a local designation program or not, please contact Paula Mohr before you complete this section. REMINDER: Before local districts are designated by your city council, you must send the local nomination to the SHPO for review and comment. Please allow at least 45 days for review before the nomination is scheduled for city council review. The SHPO review takes place after your commission has approved the local district nomination and BEFORE it is placed on the city council's agenda. 6. In this calendar year, what were the actions to revise, amend, change, or de -list a locally designated property? Please provide the name and address of the property(ies) and the action. If no action was taken, enter N/A None 7. Has your city or county passed other ordinances that directly or indirectly affect historic preservation? no 8. Did your city, county, LUD or its historic preservation commission undertake any of the following activities in this calendar year? Please think broadly about this question and include any activity (small or large) that facilitated historic preservation in your community. This is your opportunity to boast about your accomplishments and get credit for the great work you do! CLG Standards found in CLG Agreement and National Historic Preservation Act: 1) The CLG will enforce all appropriate state and local ordinances for designating and protecting historic properties. 2) The CLG shall provide for adequate public participation in the local historic preservation programs. b. Provided technical assistance on historic preservation issues or projects. Examples include working with individual property owners, business owners, institutions to identify appropriate treatments and find appropriate materials, research advice, etc.Ic. Sponsored public educational programming in historic preservation. Examples include training sessions offered to the public, walking tours, open houses, lectures, Preservation Month activities, etc.Id. Design guidelines/standards https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 232 of 2/2064 3 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission 8.1. Describe the city, county, LUD, and/or historic preservation commission's assistance on preservation issues or projects in this calendar year. Please be specific (address(es) of property(ies), what was the issue(s), what technical assistance was provided?. The property owner of 200 sycamore was looking for historic information about his property for a possible preservation project. City staff worked with people from the Grout Museum and the Waterloo Courier to find out more information about the building. City staff recently received a request for information about the Courier Building that the commission nomination for the Most Endangered list. The person is a developer of historic projects and is looking at the courier buildings for possible restoration and was looking to information about what the building look like before the false from was applied to it at some point probably in the 1960's. The owners of the building at 316 West 3rd Street asked city staff for information about getting the building on the National Register of Historic Places. City staff gave them the process to get it approved through city and directed them to information from the State and Federal Governments. 8.2. Describe the city, county, LUD, and/or historic preservation commission's public education programs in this calendar year. Please provide specific details such as date of event, description of the event, how many people participated, did the commission partner with other organizations) On May 9th, 2019 the Historic Preservation Commission held its annual awards banquet at the Grout Museum which included the following honorees: The Hotel President The Hotel President is the newest member of the National Register of Historic Places in Waterloo. The hotel was originally built in 1929 and was considered a "showcase" hotel at the time with Waterloo being an important hub of industrial activity in the Midwest. In 1948 six wrestling promotors formed the National Wrestling Alliance at the hotel while the hotel was managed by Lark Gable grandfather of Olympic Gold Medal winner Dan Gable. In 1968 the hotel was sold and became subsidized housing for the elderly which it continues as today after a $12 million renovation started in 2015. The Courtyard by Marriott at Tech Works The Courtyard by Marriott at Tech Works has been open only for a short time but has https://iowahistory.slideroorn.com/#/Submission/wizard/4465585/complete Page 233 of ,22)4 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission already had an effect on the area to the northwest of downtown Waterloo brining 191 new hotel rooms to the historic structure which cost $43 million. The building was originally built in 1947 and the original architects would have never conceived the transformation that the building would have after being considered surplus by John Deere. The project was the brainchild of Developer Rodney Blackwell from the Quad Cities. Many of the original details of the building were retained in order to give the property the character it deserves. Judy and Dean Toepfer Judy Toepfer and her husband Dean who passed away in 2016 have lived at 251 Alta Vista in the Highland Neighborhood for many years and Judy serving on the Historic Preservation Commission. According to Joyce Oaks who nominated the couple, before his death Dean made their bungalow shine as he was a true craftsman and restored much of the interior of the home along with spending a large amount of money to maintain the property. In addition to all the work he did around his home, Dean worked for John Deere for 34 years. The Smokey Row Trio: Orrin Miller, Tim Kuhlmann, and Sue Pearson As part of the Smokey Row survey, the commission was required to include a 100 hours of volunteer labor to help make the project happen. Three people outside the commission worked long and hard to help get the project research done. Orrin Miller was born in 1945 in Waterloo and served his country in the United States Navy from June, 1962 until June, 1968 then worked for John Deere which he retired from. In 1984 he started researching the history of Waterloo and Industrial Technology which go together since Waterloo's history and industrial development are so intertwined over the years. Orrin's tireless research was indispensable to the Smokey Row intensive level survey and we thank him for his important contribution. Tim Kuhlmann grew up on a farm between Waterloo and Denver and he had fond memories of going to the Denver library with his school classmates. He attended Hawkeye School of Technology (now Hawkeye Community College) and graduated with a degree in Accounting. After working in retail for several years he went back to school and graduated from UNI with a degree in studio art. For the past 15 years he has been an assistant librarian at the Waterloo Public Library and in the last 4 years became interested in local history and has compiled presentations on early Waterloo doctors, early Waterloo churches, Rath Packing, Chamberlain Manufacturing, Cedar Valley drive- in theaters, the history of South Street in Church Row, Waterloo theme parks, and early clothing stores. Tim is also the Vice -President of the Cedar Valley Historical Society. https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete This is the second time that Sue Pearson will be honored with an award from the Historic Page 234 of 264 5/20 2/10/2020 State Historical Society of lows - SlideRoom - Submission Preservation Commission. Sue served as one of the original members of the Historic Preservation commission lived in the Highland neighborhood at the time. Like Tim, Sue has worked for many years at the Waterloo Public Library as a Research Librarian and continues to support the efforts of the Historic Commission although no longer an actual member of the commission. Approximately 45 people attended the banquet which was the 3rd year in a row with record attendance. On October 8th and October 30th the Historic Preservation Commission held presentations at the Waterloo Public Library. On October 8th Andrew Bell did his presentation on Historic Preservation Tax Credits and on October 30th the commission talked about maintaining historic homes. Unfortunately bad weather affected attendance with only a handful of people attending attending each event but the people who attended said the information was good and they hope they could use it on their own projects. 8.3. If answer includes d. New or revised design standards and/or guidelines were developed and adopted during the calendar year, Please provide specific details such as date of event, description of the event, how many people participated, did the commission partner with other organizations) HPC Design Guidelines - Windows.pdf 9. Are there any particular issues, challenges, and/or successes your preservation commission has encountered or accomplished this year? Money, Money, and Money. The commission is looking to apply for more grants to go to the next phase of the Northeast triangle intensive level survey and then move on to the Church Row Neighborhood. 10. What partnerships did your commission form or continue with other entities? (examples include local main street office, historical society, library, museum, service club, etc.) If none, enter N/A The commission is working to have a better relationship with the Grout Museum, and at the Awards Banquet the Vice -President of the Cedar Valley Historic Society was honored with award for his volunteer work on the NE Triangle project so the commission is https://iowahistory.slideroorn. com/#/Submission/wizard/4465585/complete Page 235 of 264 6/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission working toward a partnership with that organization. Finally, the commission through Ed Ottesen is improving its relationship with Main Street Waterloo. 11. Did your historic preservation commission receive any grants (other than CLG or HRDP) this year? If so, please describe. If none, enter N/A. N/A 12. Does your commission have a website? Yes 12.1. What is the website address? http://www.cityofwaterlooiowa.com/historicpreservation 13. Does your commission have a Facebook page? No 14. List dates of public commission meetings held (please note these are meetings actually held with a quorum, not just those that were scheduled). CLG Standards found in CLG Agreement and National Historic Preservation Act: 1) The CLG will organize and maintain a historic preservation commission, which must meet at least three (3) times per year. 2) The commission will be composed of community members with a demonstrated positive interest in historic preservation, or closely related fields, to the extent available in the community. 3) The commission will comply with Iowa Code Chapter 21 (open meetings) in its operations. 4) Commission members will participate in state -sponsored or state -approved historic preservation training activities. January 15th, February 19th, March 19th, April 16th, May 21 st, June 18th, July 16th, August 20th, September 17th, November 19th and December 17th. https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 236 of 264 7/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission 15. We recommend that the local government provide the commission a budget with a minimum of $750 to pay for training and other commission expenses. In this calendar year, what was the dollar amount for the historic preservation commission's annual budget? The commission currently has no budget beyond the grants it has recieved. 16. Where are your official CLG files located? Certified Local Government files must be stored at city hall (for city commissions) or the county courthouse (for county commissions). The Community Development and Planning Office of Waterloo City Hall. 17. Please list the names of the Historic Preservation Commissioners who served during this calendar year. Ed Ottesen, Susan Price, Terry Stevens, Maddie Morehouse, Nick Hedrick, Ron Miller, Alice Rohret, Luke Jensen. 18. Each CLG was asked to provide a work plan last year. Please provide a self - assessment of your progress on the initiatives and programs you identified last year. Were you able to accomplish much of what you set out to do? If not, what would help you fulfill this next year's work plan? The commission has worked hard to keep up with the action plan and adjust it as necessary. The commission did get behind trying develop alliances so the commission has made the decision to refocus on that this coming year. The commission did accomplish all of its ongoing actions in 2019. The biggest struggle the commission has faced is getting 1/3rd of the commission to training sessions however, it did accomplish that this year. In December the commission updated its action plan to separate on -going action items that happen every year from one time time items in order to be able to 19. Each commission should develop a work plan for the coming year. This work plan should include the project(s), initiatives and programs you plan to begin or complete. Also discuss your plan for obtaining historic preservation training in 2020. Please attach your work plan to your annual report. https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 237 of 264 8/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission Action Plan Update 01.14.20.pdf 20. Please update contact information about your 2020 Chief Elected Official. Note: This is beginning January 2020. Please provide the information for the Mayor, Chairman of the Board of Supervisors, or President of LUD Trustees. First and Last Name Quentin Hart Mailing Address 715 Mulberry Street, Waterloo, Iowa 50703 Phone Number Email Address 319-291- mayor@waterloo- 4301 ia.org 21 Please update contact information about your Staff Person for the Historic Preservation Commission. This is a local government staff member and is required. First and Last Name John Dornoff Job Title Mailing Address Phone Number 715 Mulberry 319- Planner Street Waterloo 291- Iowa 50703 4366 Email Address john.dornoff@waterloo- ia.org 22. Please complete the following and provide contact information about your 2020 Chairperson/Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the chair who will forward the information to the rest of the commission members. First and Mailing Address Home Work Email Address Last Phone Phone https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 238 of A4 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission Name Number Number Ed Ottesen 1941 West 6th Street, Waterloo, Iowa 50702 319-234- 319-429- 1863 5569 eaohome@mchsi.com 22.1. If the commissioner represents a locally designated district, provide the name of the district (Representative, Name of Local Historic District). If the commissioner does not represent a local historic district, enter N/A. N/A 22.2. Specify the month, day, and year that the commissioner's term will end. 02/03/2023 22.3. Does this person serve as the Contact with the State Historic Preservation Office for the Commission? Yes 23. Please complete the following and provide information about your 2020 Vice Chairperson/Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. First and Last Name Mailing Address Home Work Phone Phone Email Address Number Number 2753 Susan Fairlane, 319-269- Price Waterloo 6745 50702 sueprice49@yahoo.com https://iowahistory.slideroorn.com/#/Submission/wizard/4465585/complete Page 239 of 264 10/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission 23.1. If the commissioner represents a locally designated district, provide the name of the district (Representative, Name of Local Historic District). If the commissioner does not represent a local historic district, enter N/A. Most local governments do not have a program for local designation. If you have questions about whether you have a local designation program or not, please contact Paula Mohr before you complete this section. N/A 23.2. Specify the month, day, and year that the commissioner's term will end. 05/02/2022 23.3. Does this person serve as the Contact with the State Historic Preservation Office for the Commission? No 24. Please complete the following and provide information about your 2020 Secretary/Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. First and Last Name Nicholas Hedrick Mailing Address 207 Highland Blvd, Waterloo, Iowa 50703 Home Work Phone Phone Email Address Number Number 319-290- 319-290- 4475 4475 nhedrick@cfholiday.com 24.1 If the commissioner represents a locally designated district, provide the name of the district (Representative, Name of Local Historic District). If the commissioner does not represent a local historic district, enter N/A. https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 240 of11 /20 264 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission Representative, Highland Historic District 24.2. Specify the month, day, and year that the commissioner's term will end. 04/15/2022 24.3. Does this person serve as the Contact with the State Historic Preservation Office for the Commission? No 25. Please complete the following and provide information about your 2020 Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. First and Home Work Last Mailing Address Phone Phone Email Address Name Number Number 206 Iowa Alice Street, 319-939- Rohret Waterloo, Iowa 5277 50703 alicerohret@gmail.com 25.1. If the commissioner represents a locally designated district, provide the name of the district (Representative, Name of Local Historic District). If the commissioner does not represent a local historic district, enter N/A. N/A 25.2. Specify the month, day, and year that the commissioner's term will end. 03/04/2022 https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 241 of 264 12/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission 25.3. Does this person serve as the Contact with the State Historic Preservation Office for the Commission? No 26. Please complete the following and provide information about your 2020 Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. First and Mailing Last Name Address 134 Vincent Maddie Road, Morehouse Waterloo, Iowa 50701 Home Work Phone Phone Email Address Number Number 319- 319- 429- 232- morehoussemmaddie@gmail.com 1035 1422 26.1. If the commissioner represents a locally designated district, provide the name of the district (Representative, Name of Local Historic District). If the commissioner does not represent a local historic district, enter N/A. N/A 26.2. Specify the month, day, and year that the commissioner's term will end. 12/17/2021 26.3. Does this person serve as the Contact with the State Historic Preservation Office for the Commission? No https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 242 of4 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission 27. Please complete the following and provide information about your 2020 Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. First and Mailing Last Address Name Terry Stevens Home Work Phone Phone Email Address Number Number 1629 Ackermant 319- 319- Street, 291- 833- danceterryh2o1oo@aol.com Waterloo, 6724 3129 Iowa 50703 27.1. If the commissioner represents a locally designated district, provide the name of the district (Representative, Name of Local Historic District). If the commissioner does not represent a local historic district, enter N/A. N/A 27.2. Specify the month, day, and year that the commissioner's term will end. 12/09/2022 27.3. Does this person serve as the Contact with the State Historic Preservation Office for the Commission? No 28. Please complete the following and provide information about your 2020 Commissioner. https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 243 of14/22604 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. 29. Please complete the following and provide information about your 2020 Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. 30. Please complete the following and provide information about your 2020 Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. 31 Please complete the following and provide information about your 2020 Commissioner. Note: Electronic and mailed communication will be sent to the staff person for the commission and the contact. 32. Please attach biographical sketches for commissioners who were newly appointed in 2020. Please be sure newly appointed commissioners sign and date their statement. 33. Does your commission have any vacancies? If so, how many? If you have no vacancies, enter N/A. https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 244 ofg4 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission The commission currently has one vacancy but a person has applied to be on the commission and should be appointed on February 3rd, 2020. 34. Please complete the Commission Training Table. An important requirement of the Certified Local Government program is annual state - sponsored (such as the Preserve Iowa Summit) or state -approved training undertaken by at least one member of the historic preservation commission and/or staff liaison. In this table, provide information about the commissioners' involvement in historic preservation training, listing the name of the conference, workshop or meeting (including online training opportunities); the sponsoring organization; the location and date when the training occurred. Be sure to provide the names of commissioners, staff, and elected officials who attended. Name of Event Preserve Iowa Summit Preserve Iowa Summit The Rosenwald Schools GIS Mapping Project ArtUp: Murals & Other Ways to Introduce Public Art into Your Historic Downtown Ensuring Perpetuity: Effective Easement Monitoring Sponsor Organization Preservation Iowa Preservation Iowa National Trust Forum Location Date Newton 06/05/19 Newton 06/06/19 06/07/19 Webinar 1/30/19 American Planning Webinar 2/21/19 Assocation National Trust Forum Webinar 03/13/19 Names of Attendees John Dornoff Alice Rohret John Dornoff John Dornoff John Dornoff Managing Photography National Trust Webinar 03/19/19 John at Historic Sites: Forum Dornoff https://iowah istory.slideroom.com/#/Submission/wizard/4465585/complete Page 245 of 264 16/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission Effectively Capturing Collections, Buildings, Landscapes, and Visitors on a Budget Historic Preservation of American John African American Planning Webinar 03/29/19 Cemeteries Association Dornoff Regulating Historic Signs Preservation in Decorah Celebrating Historic Preservation in Waverly Preservation 101 Historic Tax Credits American Planning Webinar 04/05/19 Assocation Winneshiek County Historic Decorah 05/04/19 Preservation Commission Waverly Historic Preservation Commission Jackson County Historic Preservation Commission Waverly 05/11/19 Maquoketa 08/03/19 John Dornoff John Dornoff John Dornoff John Dornoff Waterloo Historic John Waterloo 10/08/19 Preservation Dornoff Commission Historic Tax Credits Waterloo Waterloo 10/08/19 Ed Historic Ottesen Preservation Commission https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 246 oq,2 4 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission Historic Tax Credits Waterloo Historic Susan Waterloo 10/08/19 Preservation Price Commission Waterloo Historic Nick Historic Tax Credits Waterloo 10/08/19 Preservation Hedrick Commission Waterloo Preserving Your Historic John Waterloo 10/30/19 Historic Home Preservation Dornoff Commission Waterloo Preserving Your Historic Ed Waterloo 10/30/19 Historic Home Preservation Ottesen Commission Waterloo Preserving Your Historic Historic Home Preservation Commission Waterloo 10/30/19 Susan Price 35. Who of your commission members, staff, and/or elected officials attended the Preserve Iowa Summit? If so, please provide their names. Please note this must be completed. If no one attended, enter none. John Dornoff - Staff Alice Rohret - Commissioner 36. Signature page 1986 - Commission Memo about historic survey.pdf https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 247 ot822q4 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission ATTACHMENTS Edit Ordinances/Resolutions If you have a new ordinance/resolution or have changed your existing ordinance/resolution, upload it here. Ordinances/Resolutions [no file ] [ no file ] Survey Materials If you have produced Site Inventory Forms or a survey in the calendar year, please upload it here [ no file ] Work plan Please upload the upcoming year's work plan here. Action Plan Update 02.10.20.pdf Biographical Sketches for New Commissioners If you have new commissioners, please upload their Biographical Sketches here. Please make sure that they are signed. The form can be downloaded from here: https://drive.google.com/file/d/1 GDBtPLv2an2sXho54yJfZRT13bwL4RFZ/view?usp=sharing [ no file ] Supplementary Material Upload any supplementary material here [no file] Supplementary Material 2 Upload any supplementary material here [ no file ] Supplementary Material 3 Upload any supplementary material here [ no file ] https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 248 of 264 19/20 2/10/2020 State Historical Society of Iowa - SlideRoom - Submission Elected Official's Signature Page Please schedule a time to present your annual report to your city council or Board of Supervisors. Ask your elected official to sign the signature page and upload here. The form can be downloaded from here: https://drive.google.com/file/d/1YcetiR- inEjVfvoUWn3A5czCeim2m-XC/view?usp=sharing Annual Report Certification.pdf Printed February 10, 2020 10:47 CST/CDT. Copyright ©2012 SlideRoom https://iowahistory.slideroom.com/#/Submission/wizard/4465585/complete Page 249 of 264 20/20 Certified Local Government Annual Report Name of Certified Local Government: Signature of person who completed this report Date 1 certify that a representative of the historic preservation commission has attended a public meeting and presented the details of this report to the city council (city CLG) or the Board of Supervisors (county CLG). Date of public meeting Signature of Mayor or Chairman of the Board of Supervisors Date Printed Name of Elected Official Please upload this completed form with your annual report on SlideRoom. Thank you. Page 250 of 264 CITY OF WATERLOO Council Communication Resolution approving City/State Funding Agreement for Federal -Aid Swap Funding, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements, Phase I, Contract No. 1016, as part of the Department of Transportation's Surface Transportation Block Grant Program, in the amount of $1,080,000, and authorizing the Mayor to execute said document. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/19/2020 - 10:17 AM Clerk Office Even, LeAnn Approved 2/19/2020 - 10:45 AM ATTACHMENTS: Description Type ❑ Cont 1016_SWAP_city/state funding agreement Cover Memo SUBJECT: Resolution approving City/State Funding Agreement for Federal -Aid Swap Funding, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements, Phase I, Contract No. 1016, as part of the Depar liiient of Transportation's Surface Transportation Block Grant Program, in the amount of $1,080,000, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Expenditure Required: City would provide an estimated match of $270,000.00 Source of Funds: Local Option Sales Tax Page 251 of 264 June 2018 IOWA DEPARTMENT OF TRANSPORTATION Agreement for a Surface Transportation Block Grant Program Federal -aid Swap Project Recipient: City of Waterloo Project No.: STBG-SWAP-8155(760)--SG-07 Iowa DOT Agreement No.: 2-20-STBG-SWAP-018 This is an agreement between the City of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) for Surface Transportation Block Grant (STBG) Program Federal -aid Swap funds under 761 Iowa Administrative Code (IAC) Chapter 162. Iowa Code Section 306A.7 provides for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STBG Federal -aid Swap funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact persons will be the Local Systems Project Development Engineer, Christy VanBuskirk, and Eastern Region Local Systems Field Engineer, Kent L. Ellis. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described STBG project: Engineering Services and Construction on La Porte Rd/Hess Rd, from Hawthorne Ave south 2.7 miles to E Shaulis Rd. 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STBG Federal -aid Swap funds. The portion of the project costs reimbursed by STBG Federal -aid Swap funds shall be up to $1,080,000 for the following phases of work as stipulated by the Iowa Northland Regional Council of Governments: X Preliminary Engineering X Construction Engineering Right -of -Way X Construction Other (please specify) 6. The Recipient shall pay for all project costs not reimbursed with STBG Federal -aid Swap funds. 7. If the project described in Section 3 drops out of the Iowa Northland Regional Council of Governments current TIP or the approved current STIP prior to obligation of funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 8. The Recipient shall let the project for bids through the Department. 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. Page 252 of 264 STBG Swap Project Agreement Page 2 10. It is the intent of both parties that no third party beneficiaries be created by this agreement. 11. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written acceptance of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block By Date 20 Title of city official , certify that I am the City Clerk of Waterloo, and that , who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the day of ,20 Signed Date , 20 City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By Date , 20 Kent L. Ellis, P.E. Local Systems Field Engineer Eastern Region Page 253 of 264 EXHIBIT General Agreement Provisions for use of Federal -aid Swap Funds on Non -primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Instructional Memorandums to Local Public Agencies (LM.$), available on-line at: https:f/iowadot.gov/local systems/publications/im/lpa ims. The Recipient shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and acceptance process, plan and construction reviews, and funding participation. e. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 2. Programming a The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate R PA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, funds cannot be obligated. b. Before beginning any work for which funding reimbursement will be requested, the Recipient shall submit a written request for acceptance to the Department. The Department will notify the Recipient when acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The turning in of plans for letting by the Department's administering bureau shall be considered acceptance for construction. The Department will notify the Recipient when acceptance is granted. 3. Design and Consultant Services a The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. Page 254 of 264 4, Environmental Requirements and other Agreements or Permits. a The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Chapter 4 — Environmental Regulations. 5. Right -of -Way, Railroads, and Utilities. a The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures. b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way. a The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the "Policy for Accommodating Utilities on the County and City a Non -Primary Federal -aid Road System" for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the Department's "Policy for Accommodating and Adjustment of Utilities on the Primary Road System" The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. 6. Contract Procurement. a The following provisions apply only to projects involving physical construction or improvements to transportation facilities: b. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. o The Recipient shall be responsible for the following: I. Prepare and submit the PS&E and other contract documents to the Department for review and acceptance in accordance with I.M. 3.700, Check and Final Plans and I.M. 3,500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received; make a decision to either award a contract to the lowest responsive bidder or reject all bids; and if a contract is awarded, execute the contract documents and return to Department. Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project will not be turned in for bid letting until the Department has reviewed and accepted the Project Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. Page 255 of 264 f The Recipient shall not provide the contractor with notice to proceed until after receiving written notice that the Department has concurred in the contract award. 7. Construction. a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. The Recipient's engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the Recipient shall serve as the person in responsible charge of the project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. Proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. The project shall be constructed under the Departments Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Departments Materials I.M.s. Available on-line at: httos://www.iowadot.uovlerl/index.html. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103. 8. Reimbursements. a. The Recipient will be initially responsible for all project costs. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least semi-annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1, if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Bureau, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld. e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any funds received; for example, Federal funds not received through FHWA, any special assessments made by the Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of- way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. Page 256 of 264 9. Project Close-out. a. Acceptance of the completed construction shall be with the concurrence of the Department. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final review, in accordance with the procedures in l.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal - aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the Department; reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving funds from the Department on future projects until the Recipient has demonstrated responsible management of funds on roadway projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of funds shall be made only after the Department accepts the project as complete. d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make this documentation available at all reasonable times for review by the Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from the date of the Department's signature of the Department's Final Payment Form (Form 830436) or the bottom part of the Certificate of Completion and Final Acceptance of Agreement Work (Form 640003). e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department. Page 257 of 264 CITY OF WATERLOO Council Communication Resolution approving award of contract to Dave Schmitt Construction Co. Inc., of Cedar Rapids, Iowa, in the amount of $115,029, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/19/2020 - 11:27 AM Clerk Office Even, LeAnn Approved 2/19/2020 - 12:04 PM SUBJECT: Resolution approving award of contract to Dave Schmitt Construction Co. Inc., of Cedar Rapids, Iowa, in the amount of $115,029, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Matt Schindel, Associate Engineer Source of Funds: TIF Page 258 of 264 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: 2/24/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 2/12/2020 - 3:27 PM Submitted by: Submitted By: Page 259 of 264 CITY OF WATERLOO Council Communication Housing Authority Board Minutes of January 21, 2020. City Council Meeting: 2/24/2020 Prepared: 2/17/2020 REVIEWERS: Department Reviewer Action Date Housing Authority Mayer, Sonia Approved 2/17/2020 - 9:22 AM Clerk Office Higby, Nancy Approved 2/18/2020 - 9:12 AM ATTACHMENTS: Description Type ❑ Housing Authority Board Minutes of January 21, 2020 Cover Memo SUBJECT: Housing Authority Board Minutes of January 21, 2020. Submitted by: Julie Dawson, Executive Director Recommended Action: None Summary Statement: Minutes of Board Meeting Expenditure Required: None Source of Funds: None Policy Issue: None Alternative: None Background Information: None Legal Descriptions: None Page 260 of 264 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Tuesday, January 21, 2020 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Klein, Grieder, Feuss, Amos, Boesen The meeting was called to order at 4:48 p.m. by Chairperson Klein. Motioned by Fuess, seconded by Amos, to approve the minutes of the November 18, 2019 meeting as proposed. Ayes: All Motion Carried New Business Motioned by Amos, seconded by Grieder to approve a request for authorization to set date of Public Hearing for the FY2020-2024 5-Year PHA Plan, the FY2020 Annual PHA Plan, and the revised 5-Year Public Housing Capital Fund Action Plan. Ayes: All. Motion Carried. Motioned by Amos, seconded by Grieder to approve HAPPY software contract renewal. Ayes: All. Motion Carried. Motioned by Amos, seconded by Grieder to award bid to Failor-Hurley Construction in the amount of $17,750.00 for replacement of the front entrance interior security doors at Ridgeway Towers Apartments. Ayes: All. Motion Carried. Motioned by Fuess, seconded by Amos ward bid to Jordan's Nursery, Inc. in the amount of $1,796.99 for re -planting of trees at Ridgeway Towers Apailtnents. Ayes: All. Motion Carried. Motioned by Fuess, seconded by Amos to approve a travel request to attend INAHRO (Iowa Chapter of the National Association of Housing and Rehabilitation Officials) Spring Conference April 7 and 8, 2020 in Des Moines, Iowa. Ayes: All. Motion Carried. Motioned by Fuess, seconded by Amos to place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All. Motion Carried. Motioned by Grieder, seconded by Boesen to adjourn the meeting at 4:57 p.m. Ayes: All. Motion Carried. TW Page 261 of 264 CITY OF WATERLOO Council Communication January 2020 Community Development Board Meeting minutes and Public Hearing minutes. City Council Meeting: 2/24/2020 Prepared: 2/19/2020 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 2/19/2020 - 10:16 AM Clerk Office Higby, Nancy Approved 2/19/2020 - 11:02 AM ATTACHMENTS: Description Community Development Board Meeting and Public Hearing Minutes January 2020 0 SUBJECT: Type Cover Memo January 2020 Community Development Board Meeting minutes and Public Hearing minutes. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 262 of 264 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING January 14, 2020 The regular meeting of the Community Development Board was held in the Mollenhoff Room at City Hall at 715 Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, January 14, 2020. Members present: Cody Leistikow, Jenna Northey, John Chiles, and Angela Weekley Members absent: Cam Campbell and Felicia Carter Also present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Matt Chesmore, Senior Rehabilitation Specialist; Jerome Amos, City Council Liaison; Martin Petersen, City of Waterloo Attorney; Chris Western, Planner II A. APPROVAL OF THE AGENDA FOR JANUARY 14, 2020 Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Leistikow and seconded by Weekley to approve the agenda. Motion Carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON DECEMBER 17, 2019 Chairperson John Chiles asked for a motion to approve the minutes. It was moved by Weekley and seconded by Leistikow to approve the minutes for December 2019. Motion Carried. C. OLD BUSINESS 1. Staff Updates and Training The Community Development Office is at full staff capacity, there will be training opportunities for our new staff in the coming year. Kelly Martin is taking lead grant training this week and there will be other opportunities for our new intake person, Mindy Smith. 2. Lead Grant Update Chesmore explained our benchmarks for the lead grant and where we stand. The office is a bit behind in benchmarks but will be implementing some new strategies for the coming year. Angie explained that the LOCCS draw will be done in the next week. D. NEW BUSINESS 1. Guest Speaker- Martin Petersen and Chris Western Martin Petersen explained the nuisance ordinance that began in 1985 and was restructured and eventually became the 657A process. The process as explained by Mr. Petersen and Mr. Western is a lengthy two phase process. Waterloo has over 220 lots that are 657A lots. Community Development staff is hoping to implement some new procedures in hopes that the future 657A properties could be rehabbed instead of being demolished. A discussion was made about the importance of teaching homeowners estate planning. This could eliminate some of the properties that have been abandoned or have fallen into dilapidated ruins. 2. Endorse Rehabilitation Contracts for December 2019 Chairperson John Chiles asked for a motion to approve the contracts. It was moved by Leistikow and seconded by Northey to approve the contracts for December 2019. 3. Set Date for 2nd Public Hearing on February 18, 2020 4. Neighborhood Services A report was handed out to the board. E. DISCUSSION ITEMS ADJOURN MEETING Chairperson John Chiles asked for a motion to adjourn the meeting. Motion to adjourn was made by Weekley and Leistikow seconded that motion. Meeting adjourned. Respectfully submitted, Board Secretary Lug—.i .(._Fp Page 263 of 264 COMMUNITY DEVELOPMENT PUBLIC HEARING January 14, 2020 This Public Hearing of the Community Development Board was held in the Mollenhoff Room, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairperson John Chiles at 5:00 p.m. on Tuesday, January 14, 2020. Members present: Jenna Northey, Cody Leistikow, Angela Weekley and Chairperson John Chiles Members absent: Felicia Carter and Cam Campbell Also present: Rudy Jones, Community Development Director; Angie Fordyce, Community Development Coordinator; Anita Rousselow, Community Development Administrative Secretary; Matt Chesmore, Senior Rehabilitation Specialist; Jerome Amos, Council Liaison; Barb Prather, Northeast Iowa Food Bank A. APPROVAL OF THE AGENDA. Chairperson Chiles explained that the purpose of this public hearing is to receive Citizen Input into the CDBG and HOME application funding process for the FY2021 Consolidated Plan One -Year Action Plan. It was moved by Leistikow, and seconded by Northey, to approve the Agenda for the Public Hearing to receive Citizen Input on the application process for CDBG and HOME program funding for the FY2021 Consolidated Plan One -Year Action Plan. Motion carried. B. MOTION TO RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING It was moved by Northey, and seconded by Weekley, to receive and place on file the affidavit for proof of publication for Notice of Public Hearing that was a display advertisement published in the Courier on Sunday, December 29, 2019. Motion carried. C. MOTION TO OPEN THE PUBLIC HEARING It was moved by Leistikow, and seconded by Northey, to open the Public Hearing. Motion carried. Barb Prather, Northeast Iowa Food Bank, thanked the board for their past funding and explained that the need for help is still there. The Food bank is asking for $20,000 as they serve an estimated 3000 people per month. These people on average have an income of less than $1000 per month. Ms. Prather expressed her gratitude with the board for listening. D. MOTION TO CLOSE THE PUBLIC HEARING It was moved by Northey, and seconded by Leistikow, to close the Public Hearing. Motion carried. E. MOTION TO PUBLISH INITIAL SUBCOMMITTEE RECOMMENDATIONS ON FEBRAARY 9,2020 BEFORE THE HEARING ON FEBRAURY 18,2020. It was so moved by Weeldey, and seconded by Northey. Motion carried. F. MOTION TO ADJOURN Motion was made by Weekley, and seconded by Leistikow to adjourn the meeting. Motion carried. Meeting adjourned Respectfully submitted, Page 264 of 264