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HomeMy WebLinkAboutCouncil Packet - 2/17/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, February 17, 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 162 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Ray Feuss, Ward 5 Council Member Agenda, as proposed or amended. Minutes of February 10, 2020, Regular Session, as proposed. 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 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. Submitted By: Corbin Payne, Police Lieutenant 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. Submitted By: Michelle Weidner, Chief Financial Officer 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. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 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. Page 2 of 162 Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1 TRAVEL REQUESTS a. Rudy Jones Class/Meeting: Cedar Valley Coalition Destination: Washington, D.C. Dates: April 16-22, 2020 Amount not to exceed: $1,790 b. Kelly Martin Class/Meeting: Retest - Lead Inspection Risk Assessor Certification - Third Party Test Destination: Cedar Rapids, IA Dates: February 18, 2020 Amount not to exceed: $140 c. Kelly Martin Class/Meeting: Lead Abatement Contractor Certification - Third Party Test Destination: Cedar Rapids, IA Dates: February 21, 2020 Amount not to exceed: $140 d. Jeremiah Luck, Equipment Operator Class/Meeting: Digital Full Print Commercial Workshop + Color Change Introduction Destination: Lake in the Hills, IL Dates: March 22-24, 2020 Amount not to exceed: $1,374 e. Lt. Jensson and FF/Paramedic Van Dyke Class/Meeting: Fire Investigation School Destination: Ames, IA Dates: March 23 - April 3, 2020 Amount not to exceed: $1,090 f. Garrett Gingrich, Paramedic Class/Meeting: EMS Refresher Destination: Hiawatha, IA Dates: January 24-26, 2020 Amount not to exceed: $299 Matt Buenger, Engineering Technician *AMENDED* Class/Meeting: Iowa Department of Transportation Aggregate Technician Certification Destination: West Des Moines, IA Dates: February 3-6, 2020 Amount not to exceed: $535 g. Page 3 of 162 h. Wayne Castle, Associate Engineer Class/Meeting: Society of Land Surveyors of Iowa - 83rd Annual Land Surveyors Conference Destination: Ames, IA Dates: March 5-6, 2020 Amount not to exceed: $460 2. LIQUOR LICENSES a. Amalgamated Local 838 UAW, 2615 Washington Street Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date: 2/28/2021 b. Buzz's Bar, 1016 Maynard Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/14/2021 c. HyVee Food Store #1 Clubroom, 2834 Ansborough Avenue *Ownership Update* Class: Special C Liquor New Application Includes Sunday Expiration Date: 10/17/2020 d. HyVee Market Cafe' #3, 1422 Flammang Drive Class: C Liquor w/Catering Renewal Application Includes Sunday Expiration Date: 3/15/2021 e. HyVee C-Store #4, 3700 University Avenue *Ownership Update* Class: C Beer New Application Includes Sunday Expiration Date: 11/1/2020 f. Incredible India, 2822 University Avenue Class: Special C Liquor New Application Includes Sunday Expiration Date: 1/27/2021 g. The Snack Shack #2, 189 W. 11th Street Class: E Liquor New Application Includes Sunday Expiration Date: 2/28/2021 h. The Snack Shack, 189 W. 11th Street Class: C Beer New Application Includes Sunday Expiration Date: 2/28/2021 Page 4 of 162 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. Submitted By: Randy Bennett, Public Works Division Manager 4. Bonds. PUBLIC HEARINGS 2. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. 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. Submitted By: Noel Anderson, Community Planning and Development Director 3. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution 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. 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. Submitted By: Noel Anderson, Community Planning and Development Director 4. FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Page 5 of 162 Submitted By: Matt Schindel, Associate Engineer RESOLUTIONS 5. 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. Submitted By: Tavis Hall, Executive Director of Waterloo Convention and Visitors Bureau 6. 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. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. 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. Submitted By: Jamie Knutson, PE, City Engineer 8. 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. Submitted By: Jamie Knutson, PE, City Engineer 9. 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. Submitted By: Noel Anderson, Community Planning and Development Director 10. 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. Submitted By: Brian Bowman, Treatment Operations Supervisor 11. 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. Submitted By: Sandie Greco, Traffic Operations Director Page 6 of 162 12. 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. Submitted By: Matt Schindel, Associate Engineer ORDINANCES 13. An Ordinance amending the City of Waterloo Traffic Code by adding Subsection (157a) Grindstone Circle, east side between Darby Drive and Mourning Dove Drive, to Section 551, Parking Prohibited At All Times On Certain Streets. Motion to receive, file, consider and pass for the first time, 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director 14. 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 Motion to receive, file, consider, and pass for the third time and adopt 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. Submitted By: Noel Anderson, Community Planning and Development Director EXECUTIVE SESSION Motion to adjourn to Executive Session 15. 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 4:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION Page 7 of 162 1. Complete Streets minutes of November 19, 2019. Page 8 of 162 CITY OF WATERLOO Council Communication Minutes of February 10, 2020, Regular Session, as proposed. City Council Meeting: 2/17/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 2/11/2020 - 9:16 AM ATTACHMENTS: Description Type ❑ Minutes of February 10, 2020 Backup Material Submitted by: Submitted By: Page 9 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/11/2020 REVIEWERS: Department Reviewer Action Police Department Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Variance to Noise Ordinance Application Backup Material SUBJECT: Date 2/11/2020 - 11:48 AM 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. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 10 of 162 APPLICATION FOR VARIANCE TO NOISE ORDINAN E APPLICANT'S NAME: 31 E45 0.P t a14,I I APPLICANT'S ADDRESS: b 0 9 RI.A \\, k14 z ii,if ), APPLICANT'S PHONE #: c 1 `- /a'1 f o f ?4Ji Dbi4,0a 0q ANTICIPATED DATE OF VARIANCE: /� � lk ST1 ' ) 2-c�2-p NAME OF EVENT: i o ( 61.Ck tYw (,D»iaN 1111 TIMES OF DAY OF VARIANCE: 1 i i}.M - ") p. v'1. GEOGRAPHICAL LOCATION OF VARIANCE: _Ski liV4 N PAO( DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE N ISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. hi..0 Wi (1 Nia.KP -, sk, aural -- K. i. LUfm� Whtt vie Ctl4,ai, eau, lbw ikio her( Wi II k fub-o -Imo ND Col botytum, 4.(\it - 46./ IMAP t I bi a VAss1-eMacigo t��u��c. ewill CicI a r k '&A O iNI c 4 t -to ire ecr tditg qbbiparn?,S2-, Applicant's Signature o�- - 2CcA. ) CITY COUNCIL ACTION: APPROVAL: Date Police Dept. Recomme APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Page 11 of 162 Friends Of... • l2tfi 2I nnual Take Backour Community Event Saturday Aug. 22nd 2020 11:00am - 4:OOpm Free Food, Activities, Live Entertainment, Guest Speakers, Give Aways And More! Community Event Sponsored by Friends of Heal the Family Inc. Contact Mike Robinson: 319- 529-8801 or at mrob.htf�7vgmail.com "BE THE CHANGE YOU WANT TO SEE IN THE WORLD" .Monia/idas candhi Page 12 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Finance Clerk Office ATTACHMENTS: Description FYE2021 Budget Max Hearing Request Council Comm Reviewer Weidner, Michelle Higby, Nancy SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Alternative: Action Approved Approved Type Cover Memo Date 2/12/2020 - 11:33 AM 2/12/2020 - 11:54 AM 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. Submitted By: Michelle Weidner, Chief Financial Officer Set the date of hearing for the maximum levy hearing for the FYE2020 budget for Monday, March 2 at 5:30 p.m. The budget estimate must be published in the paper ten to twenty days prior to the budget hearing. Approving the publication of the budget estimate establishes the maximum tax levy rate for the fiscal year ending June 30, 2021. The levy rate can be reduced from the published budget estimate, but cannot be increased. According to the State Department of Management, if the budget isn't certified by March 15, 2020, the state would set the city's property taxes at the same amount of property tax dollars as were certified for the current year. There would likely be an audit finding regarding noncompliance with state law regarding budget deadlines also. Page 13 of 162 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GREIDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: February 17, 2020 February 12, 2020 None SUBJECT: Set Hearing Date for Maximum Levy Hearing FYE2021 Budget Submitted by: Michelle Weidner, CFO Recommended City Council Action: Set the date of hearing for the maximum levy hearing for the FYE2021 budget for Monday, March 2 at 5:30 p.m. Summary Statement: The budget estimate must be published in the paper ten to twenty days prior to the budget hearing. Expenditure Required: None Source of Funds: None Policy Issue: Approving the publication of the budget estimate establishes the maximum tax levy rate for the fiscal year ending June 30, 2021. The levy rate can be reduced from the published budget estimate, but cannot be increased. Alternative: According to the State Department of Management, if the budget isn't certified by March 15, 2020, the state would set the city's property taxes at the same amount of property tax dollars as were certified for the current year. There would likely be an audit finding regarding noncompliance with state law regarding budget deadlines also. Background Information: None WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 14 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Higby, Nancy Action Approved Approved ATTACHMENTS: Description Type ❑ Bid Documents 2020 Wide Area Rotary Mower Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Date 2/12/2020 - 10:35 AM 2/12/2020 - 10:47 AM 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. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Approve the plans, specifications, etc. and taking of bids, and set the date of bid opening at March 12, 2020 and the public hearing as March 16, 2020. This unit is budgeted for and forecast in the Capital Equipment Replacement Five Year Plan. Estimate of $64,000.00 after trade value is applied. Parks Bond Funds This unit will replace an 11 year old high hour machine that is prone to breakdowns. This unit is a primary mowing machine for highly maintained ball fields in the Leisure Services system. Page 15 of 162 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS 2020 WIDE AREA ROTARY MOWER Bid documents for 2020 Leisure Services Wide Area Rotary Mower. Actual quantity purchased will depend on bid prices. All equipment is expected to be ready for use by the City of Waterloo, Iowa. Page 16 of 162 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2020 WIDE AREA ROTARY MOWER Waterloo Leisure Services is seeking competitive bids for one WIDE AREA ROTARY MOWER as described in the enclosed specifications. Bidder shall use Iowa Department of Transportation Grounds Care Contract, Sourcewell, or any other pricing structure to offer the lowest possible price. Bid prices are based on a per unit price. The City of Waterloo makes no declarations on the quantity of units being purchased. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday March 12, 2020 until 1:00pm for the 2020 Wide Area Rotary Mower as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. OPENING OF BIDS All proposals for the 2020 Wide Area Rotary Mower will be opened at 1:00 p.m. on Thursday March 12, 2020 in the First Floor Conference Room at City Hall. Proposals will be referred to Waterloo Leisure Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications for the 2020 WIDE AREA ROTARY MOWER at 5:30 p.m. on Monday March 16, 2020. The hearing will be held in the Council Chambers in Waterloo City Hall. The specifications documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., 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 an objection at the meeting. When submitting a bid, please note on the lower left hand corner of the envelope: 2020 WIDE AREA ROTARY MOWER All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. Page 17 of 162 All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The bid price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/ or transportation costs necessary to supply the vehicles in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. Certain units or equipment items may be listed as trade-ins for special purchases. The trade-in values are to be specifically listed as indicated in the proposal documents. The City reserves the right to purchase the units with our without trade ins. All bids should include all extras or options as detailed on the attached specifications sheets including special warranty provisions or maintenance provisions. The bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger, Golf Manager Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Monday through Friday 7AM-4:OOPM with any questions. The bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday March 12, 2020 until 1:OOpm for the 2020 Wide Area Rotary Mower as Page 18 of 162 detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Specifications for the 2020 Wide Area Rotary Mower: The undersigned hereby agrees to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all the necessary parts and accessories need for its operation as specified below. Dealer must meet or exceed specifications as detailed below. Dealer must list any deviation from specifications given. • 65.2 HP diesel engine • 20.4 gal fuel tank • 12 volt electrical system- 60 amp alternator • Full time 4WD Forward- On Demand Reverse 4WD • Deck Drive system- Nine Individual hydraulic motors with self-lubricating integral bearings • Up to l0mph mowing speed and 15.5 mph transport speed w/4mph reverse • Front tires 26x12x12 tubeless 8 ply, rear tires 20x10x8 tubeless 6 ply • Service Brake- Dynamic through traction system- • Parking brake- automatic wet parking brakes integrated into wheel motors • Steering- Q-Amp variable rate, hydrostatic powered equal displacement cylinder to rear wheels • Overall cutting width 168" • Three 60" decks (one front -center, two wing decks) • Deck Construction- minimum 11 gauge high stregthDomex steel shell with 9 gauge bolt in baffle and stiffener • Castor Wheels- Eight 4x11" smooth tires with greasable tapered roller bearings • Deck Lift/Lower- Fingertip operated joysticks for individual lift/lower; cross cut position; front deck service position with lock pin. Electronic safety locks. • On demand electrically operated hydraulic weight transfer system • 1-4.5" height of cut decks • Max 17 acres per hour mowing capacity • 4,1191b unit weight • Transport width not to exceed 65" • Safety/Operational DVD • Parts and Tech Manual • One spare wheel and tire (mounted on rim) for front and rear axle • Two year comprehensive warranty Page 19 of 162 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2020 WIDE AREA ROTARY MOWER Bidder is providing bid price as specified with all options included delivery to Leisure Services 1101 Campbell Ave, Waterloo, Iowa ready for use by the City of Waterloo. Bidder shall use State of Iowa DOT Grounds Care Contract Pricing, Sourcewell, or any other pricing structure to offer the lowest possible price. If awarded the contract we agree to deliver the equipment to the Leisure Services Department on or before May 8, 2020. Failure to deliver equipment on or before the designated receiving date shall result in a penalty at a daily rate of $50.00 per unit per working day until delivery is made. We understand that this quotation will be reviewed by the Leisure Services Golf Manager and the Waterloo City Council for the purpose of securing the equipment at the most favorable cost. Life cycle analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records, vendor's past performance records, and quality of products offered will be considered where applicable. Trade-in items may be retained depending on trade values offered. Bid prices are per unit and specific quantities of units purchased will depend on bid prices. BIDDER: COMPANY NAME ADDRESS: CONTACT PERSON PHONE: ( ) NEW WIDE AREA ROTARY MOWER dollars ($ ) Page 20 of 162 Optional Trade -In Equipment Jacobsen HR5111 Wide Area Rotary Mower • Model Year 2009 • Approx. 2,887 hours • Serial 6911607858 • Located at Leisure Services Main Shop Trade In Value: dollars($ ) SIGNED: DATE: / / Page 21 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/13/2020 REVIEWERS: Department Reviewer Action Date Building Department Higby, Nancy Rejected 2/13/2020 - 3:38 PM Building Department Shepard, Cynthia Approved 2/13/2020 - 3:42 PM Building Department Felchle, Kelley Approved 2/13/2020 - 3:45 PM ATTACHMENTS: Description Type ❑ 5 Sullivan Brothers Penthouse Chiller Cover Memo ❑ Hearing Notice Backup Material SUBJECT: Submitted by: 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. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Expenditure Required: $1,390,000 Source of Funds: City Facility - 5 Sullivan Brothers Center Background Information: Plans are on file in the Building Department. Page 22 of 162 SECTION 00 1114 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON PROPOSED PLANS SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED TOTAL COST OF THE PUBLIC IMPROVEMENT FOR THE 5 SULLIVAN BROTHERS CONVENTION CENTER PENTHOUSE CHILLER FOR THE CITY OF WATERLOO, IOWA. Notice is hereby given that the City Council of Waterloo, Iowa, will meet at the Central Administration Building in said City on the 16th day of March, 2020 at 6:00 p.m., at which time and place a hearing will be held on the proposed plans, specifications, form of contract, and estimated of cost, $1,390,000 for the construction of the 5 Sullivan Brothers Convention Center Penthouse Chiller For The City of Waterloo, Iowa in and for said City. If approved, consideration of such bids for the construction of the aforesaid project will be made following the hearing. Any interested person may appear at said hearing and file objections to the proposed plans, specifications, form of contract, and estimated costs for said improvements. It is anticipated that bids will be received for aforesaid improvements on the 12th day of March, 2019 at 1:00 p.m. Project Scope: Selective demolition, new chiller on the existing roof, structural reinforcement to accommodate the new chiller, and a new roof on the penthouse in addition to Work indicated in the drawings and specifications. A more detailed description of the kinds and approximate quantities of materials and types of construction for which bids will be received are set forth in the Bidding Documents prepared by ISG, of Mankato, Minnesota which together with the proposed form of contract, have heretofore been approved by the City Council, and are now on file for public examination in the office of the City Clerk, and are by this reference made part hereof as though fully set out and incorporated herein. The Architect/Engineer has prepared plans and specifications governing the construction of the proposed improvements. These plans and specifications, and the proceedings of the City referring to and defining said improvements, are hereby made a part of this Notice and the proposed contract by reference, and the proposed contract shall be executed to comply therewith. Published upon order of the City of Waterloo, Iowa. CITY OF WATERLOO, IOWA BY IsI ATTEST: BY Is/ City Clerk Mayor NPL-1 Page 23 of 162 SECTION 00 1114 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON PROPOSED PLANS SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED TOTAL COST OF THE PUBLIC IMPROVEMENT FOR THE 5 SULLIVAN BROTHERS CONVENTION CENTER PENTHOUSE CHILLER FOR THE CITY OF WATERLOO, IOWA. Notice is hereby given that the City Council of Waterloo, Iowa, will meet at the Central Administration Building in said City on the 16th day of March, 2020 at 6:00 p.m., at which time and place a hearing will be held on the proposed plans, specifications, form of contract, and estimated of cost, $1,390,000 for the construction of the 5 Sullivan Brothers Convention Center Penthouse Chiller For The City of Waterloo, Iowa in and for said City. If approved, consideration of such bids for the construction of the aforesaid project will be made following the hearing. Any interested person may appear at said hearing and file objections to the proposed plans, specifications, form of contract, and estimated costs for said improvements. It is anticipated that bids will be received for aforesaid improvements on the 12th day of March, 2019 at 1:00 p.m. Project Scope: Selective demolition, new chiller on the existing roof, structural reinforcement to accommodate the new chiller, and a new roof on the penthouse in addition to Work indicated in the drawings and specifications. A more detailed description of the kinds and approximate quantities of materials and types of construction for which bids will be received are set forth in the Bidding Documents prepared by ISG, of Mankato, Minnesota which together with the proposed form of contract, have heretofore been approved by the City Council, and are now on file for public examination in the office of the City Clerk, and are by this reference made part hereof as though fully set out and incorporated herein. The Architect/Engineer has prepared plans and specifications governing the construction of the proposed improvements. These plans and specifications, and the proceedings of the City referring to and defining said improvements, are hereby made a part of this Notice and the proposed contract by reference, and the proposed contract shall be executed to comply therewith. Published upon order of the City of Waterloo, Iowa. CITY OF WATERLOO, IOWA BY /s/ ATTEST: BY /s/ City Clerk Mayor NPL-1 Page 24 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Higby, Nancy Approved 2/12/2020 - 11:21 AM Clerk Office Higby, Nancy Approved 2/12/2020 - 11:21 AM ATTACHMENTS: Description Type ❑ Director Cover Memo ❑ collection Cover Memo ❑ collection Cover Memo SUBJECT: Recommendation of appointment of Matthew Hosford, to the position of Collection Systems/Project Director at Public Works Waste Management Services Depailiiient, effective February 24, 2020, pending pre -employment physical and testing. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Appointment Summary Statement: Expenditure Required: Source of Funds: Policy Issue: This position oversees collection of Waste Water Sewer System projects, overseeing collection system staff and daily operations. $100,000 Base Salary With benefits $129,736.00 Sewer Funds Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 25 of 162 RECEIVED AUG 0 9 2017 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. *************** ******************* **, * ►********************Or**, *****, ************************** iS tn�- girt rt,r Position Title: Collection Systems/Maintenance auper•visep Department: WMSD Reports To: WSMD Director Work Location: WWTP Employment Status: ® Regular Full Time El Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: ❑ Yes ❑ No ❑ Yes ❑ No ®Yes ❑No Recommended Recruitment Sources; 0 Internal Posting Only ® Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Ryan Broadhead (specify name and title of former incumbent) y11 /'7 Date incumbent terminated employment: 8/25/17 Date of final payout: Anticipated start date: 11/1/17 No. of hours/week: 40+ Work schedule: 7 AM to 4 PM Justification of need for position: Covered in Supplemental Questions form What are the likely consequences if the position is not filled? Covered in Supplemental Questions form APPROVALS Annual salary requirements: $851( =1- Hourly Rate: 40.87 Benefits: *es .?7, 736, (Payroll trues, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subjt to the following conditions: 7/7— S hrnllting Departm I lica D to Mayor Date g/?/7 ebb Chief Firmnal Officer Date 41triliNigieffluman esources Director Date [ 1.r Human Resources Committee Chalrp Created 11/7L2014 —/7 on Date V Page 26 of 162 PERSONNEL REQUISITION ASSISTANT DIRECTOR COLLECTION SYSTEMS/MAINTENANCE SUPERVISOR The following questions are provided as guidelines to assist you in developing your rational for the position of ASSISTANT DIRECTOR COLLECTION SYSTEMS/MAINTENANCE SUPERVISOR in the Waste Management Services 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. Supplemental recommended job title change comment: I am suggesting that the job title be upgraded to add Assistant Director, primarily to potentially better attract candidates. That essential job duty was already in the job description. (1) What are the key job responsibilities of this position? This position mainly will be responsible for coordination and supervision of all maintenance functions of the City's CMOM program including storm and sanitary waste water collection systems and waste water treatment plant. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, not really. Related work must either not receive the attention it deserves or attempt to be accomplished by the director. (3) How is the work of this position being accomplished now? It is being covered on an as needed basis, but not to the level and completeness it could be if filled. (4) Are the filled positions in your department currently being utilized to their maximum potential? It has been proven that filling of this position will actually improve overall operational efficiencies by improved supervision of the collection system operation. (5) How would filing 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)? In a short term basis, it will enable the Director to be less involved in direct oversight of aspects of the management and enable more focus on the departments overall big picture needs. In the long term, it is expected that with the Director expecting to retire within the next 5 years, filling of this position will potentially enable this person to be groomed to fill the Director's position (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Page 27 of 162 (9) Direct cost savings would be difficult to predict, the majority of cost savings would be noticed in efficiency improvement in maintenance activities and improved oversight of overall maintenance activities. (7) 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? No real way to identify. A minimal amount could be saved for any OT being obtained by the CMOM (Specialist/Technician) position that might not be incurred with that position as this position would not be entitled to OT. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Most notably would be the Consent Decree and CMOM program. Filling of this position will assist in the management oversight that will better insure compliance and avoidance of future penalties. 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. This is difficult to accurately predict; however, most notably will be a retarded progression of completeness and delayed activities to enable proper implementation of the CMOM program. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The incumbent had not been here long enough to acquire vacation, however; those duties would be covered in a diluted fashion as much as time allows with other work load. (11) Is it possible that the City could outsouree this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? 1 would say direct outsourcing is not applicable; however, potentially less outsourcing to consultants could be reduced depending upon the person's expertise and capabilities. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Extremely high, other than local system knowledge, that type of leadership - capabilities is generally lacking with current personnel. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Page 28 of 162 Most notably would be Goal #3, specifically strategy 3.4 "Identify and implement proven cost and resource saving measures" 3.5 streamline efforts and improve efficiency in City operations". Filling of this position will provide more direct oversight with observations and associated recommendations to potentially improve overall work productivity. Note: Forward completed questionnaire to Nttanaua Resources Department with original copy of Personnel Reg nisi tion form. Page 29 of 162 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 COLLECTION SYSTEMS/PROJECT DIRECTOR DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT PUBLIC WORKS - WASTE MANAGEMENT SERVICES $85,000-$110,000 annualized EXEMPT EXCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Assistant Director position responsible for coordination and supervision of all maintenance functions of the City's storm and sanitary waste water collection systems and waste water treatment plant. 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 supervises employees in Sanitary -Storm Sewer Maintenance and CMOM associated programs. 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. Manages subordinate staff in the day-to-day performance of their jobs. 2. Oversees the preventive maintenance program for all wastewater and sewer structures and facilities, evaluates and updates the program as necessary. 3. Coordinates and inspects the maintenance and repair of the collection system, lift stations, flood control system and waste water treatment plant. 4. Plans and supervises the maintenance, upkeep and repair of department machinery and equipment including functionality of pumps, conveyors, blowers, and other equipment. 5. Assumes project manager duties from inception and design to construction and delivery of projects at any project development stage. 6. Assists with design or designs construction and/or improvement projects such as CIPP and prepares contract documents including plans, estimates, and specifications as necessary. 7. Oversees and monitors works performed by consultants and contractor and takes appropriate measure when necessary. 8. Assists with capital improvements planning, costing and construction planning 9. Assists Public Works Division Manager in ensuring all related maintenance programs are in compliance with regulatory guidelines, procedures, and reporting practices. 10. Plans, coordinates and supervises plant and sewer maintenance employees and contractors in scheduled and emergency maintenance activities. 11. Helps to make sure staff has current knowledge of all pertinent regulations and environmental guidelines. 12. Coordinates flood control activities; confers with engineers, developers and the business community about flood control procedures and plans. 13. Assists in the investigation and resolution of citizen complaints regarding flood control and sewer maintenance. 14. 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. 15. In coordination with Treatment Operations Director, sets up safety training programs for staff and ensures that all employees receive initial and ongoing safety training including Page 30 of 162 hazardous materials, confined space entry and personal protective equipment training. and verbal instructions. 16. Performs administrative duties including assisting with budget preparation, union contract administration and personnel evaluations. 17. Acts as Department Director, on rotating basis with Treatment Operations Director, in absence of Public Works Division Manager. 18. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 19. Works independently and with others with minimum supervision. 20. Attends work regularly at the designated place and time. 21. Performs all work duties and activities in accordance with City policies, City procedures OSHA, and City and Waste Management Services safety rules and regulations. REQUIRED KNOWLEDGE & ABILITIES 1. Thorough knowledge of the practices, equipment, materials and methods necessary to maintain a comprehensive waste water collection and treatment system. 2. Basic knowledge of hydraulics and flood control systems. 3. Ability to plan, assign, supervise and review work of subordinate employees. 4. Working knowledge of computer aided drafting and design 5. Working knowledge of design standards. 6. Ability to produce technical reports. 7. Ability to solve problems and make independent decisions and recommendations that involve flood control and storm -sanitary sewer maintenance. 8. Ability to review work logs and statistical data and present facts and findings clearly and concisely. 6. Ability to enforce rules, policies and procedures; ability to observe and enforce appropriate safety precautions. 7. Ability to understand, give and carry out written 8. Ability to discuss work related issues with the public tactfully and promptly in a clear, concise and easily understandable manner 9. Ability to complete assigned work without direct supervision and ability to work independently and with others with little or no supervision. 10. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, develop computer - generated reports and update records. Experience with related professional software is a plus. 11. Ability to travel inside and outside in all types of weather conditions to review work sites, meet with the public and to attend meetings; will require driving to and from the destination and/or physically moving from one City facility or work site to another. 12. Ability to consult and communicate orally and in writing to read, analyze, record and interpret complex technical data, review materials on a variety of projects, present facts and findings clearly and concisely, give advice and recommendations, and respond to questions by the public, public officials, coworkers and contractors; ability to prepare written reports and complete forms and perform required record keeping. 13. Knowledge of occupational hazards and the safety precautions necessary in sewer maintenance operations. 14. Ability to maintain effective working relationships with other City depai ltuents, supervisor and subordinates. 15. 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 of Science in civil or environmental engineering. An alternate degree coupled with extensive sanitary and storm waste management related management and/or design experience will be considered. 2. A minimum of 5 preferably 10 years of responsible professional experience in predominantly municipal sanitary and waste Page 31 of 162 management and/or proven related professional engineering experience in planning, design, and development, and demonstrated administrative leadership. 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. 4. Must obtain an Iowa Grade IV Collection Systems DNR License within two years of hire. 5. Must obtain an Iowa Grade IV Wastewater Treatment License as soon as possible. 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. 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 7:00 a.m. to 4:00 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 Collection Systems/ Project Director. Will be required to be on call as required by the Public Works Division Manager. COLLECTION SYSTEMS -PROJECT DIRECTOR DESCRIPTION 19 October 2019 Page 32 of 162 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 2/17/2020 Prepared: REVIEWERS: Department Reviewer Action Engineering Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Bonds for council approval 2.17.2020 Backup Material SUBJECT: Bonds. Date 2/12/2020 - 12:17 PM Page 33 of 162 BONDS FOR COUNCIL APPROVAL February 17, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5128701 TATROE TRENCHING SERVICES LLC WAVERLY, IA Page 34 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 1/24/2020 REVIEWERS: Department Reviewer Action Planning & Zoning Even, LeAnn Approved ATTACHMENTS: Description Type ❑ Overview Map Cover Memo o Aerial Map Land Purchase Cover Memo ❑ Aerial Map Cover Memo o Staff Report Cover Memo o Legal Description Cover Memo ❑ Signed Intent to Vacate Charles and Bobbi Stocks Cover Memo ❑ Signed Intent to Vacate Marvin Richardson Cover Memo ❑ Pictures Cover Memo ❑ Plat Book Page Cover Memo ❑ Application Cover Memo SUBJECT: Submitted by: Date 2/12/2020 - 12:38 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. 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. Submitted By: Noel Anderson, Community Planning and Development Director To approve a request by Marvin Richardson and Charles and Bobbi Stocks to vacate an existing 14' wide alley, located adjacent to 136 Smith Street and 421 Cherry Street between Smith and Cherry Streets. Page 35 of 162 Recommended Action: Summary Statement: The Planning and Zoning Commission unanimously approved the request for the alley vacate at their regular meeting on October 1, 2019. Staff recommended approval for the alley vacate request due to the fact that that the alley has not been used or maintained by the City for decades. The Planning and Zoning Commission unanimously approved the request for the alley vacate at their regular meeting on October 1, 2019. Expenditure Required: None Source of Funds: Policy Issue: Marvin Richardson plans to purchase his portion of the alley (1,826 SF) for $599.76 and Charles and Bobbi Stocks plan to purchase their portion of alley (1,470 SF) for $336.80. Strategy 3.5: Continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Alternative: N/A The request to vacate the alley would not appear to have a negative impact on the surrounding neighborhood. The request to vacate the alley would not appear to have a negative impact on vehicular or pedestrian traffic. The area was platted as an alley, but the alley is no longer being utilized as an alley. The area to be vacated was platted as an alley but does not get used for anything other than a private access for two properties. The surrounding area was developed with homes during the 1900's between 1905 and 1910. The request to vacate an existing 14' wide alley, located between Smith and Cherry Streets will vacate an area that is no longer needed by the City as an Background Information: alley. The Planning and Zoning Commission unanimously approved the request for the alley vacate at their regular meeting on October 1, 2019. Therefore, staff recommends the request to vacate 3,578 SF of the unused platted alley between Smith Street and Cherry Street be approved for the following reasons: 1. The alley has not been used or maintained by the city for decades. 2. The neighboring property owners will own and maintain the alley once sold and conveyed. Description — alley vacate: Page 36 of 162 Legal Descriptions: That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted. And also, that portion of the easement for alley purposes over Lot 14, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted. Description — conveyance to Stocks: That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying east of a line 45 feet east of the west line of Lot 12. Description — conveyance to Richardson: That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street, as is currently platted, and except for that portion lying east of a line 45 feet east of the west line of Lot 12. Page 37 of 162 City of Waterloo City Council February 17, 2020 R-2 C-2 DANE ST SAXI ON iST ROBY LN E0)JI I I III I > ARGYLE_ST Lg iW 1 ER13Q 0 PINE ST C-3 4 _L LIME ST. M-1 VINE ST n J T R!3 IR-3 F SUMNER ST w m R=3 ¢ I� l l l l l l l z WILLOWISI 111111 IIIIIII-1 Y- ALBANST C�Z GLENWOOD STN RTf 1H111I111 COURTLANDST b O i M-1 11 11 II 1 ZFOWLER S, R=21,C R-2 IIIIIII I WPROSPECT AVE ALTA.VISTA AVE IIIIH IIII IC III ll INDEPENDENCE AIVE ��TIIIIIIIIIIIIII 1111 QIIIIIOIIIIIIIH o MADISON ST f1HiH I I HTTTT MONROE ST W = MULBERRY1 ST W Z J R-2 Z�r POLK SI I I rT�T C-2 C-2-, G F [U1Tf 111 111 I L lO ARCHER AVE �\ 0= I .1111 ° = BUTLER AVE - �1111111111111 0— WW1 MIS- 11111 II R-3, R- P 1111I I VINE ST 1111 I III 1 1 1 =IIII IIIIIIi AVE IIIIIII R]HH R'4; R-P C-111 rC 900 450 • 900 Feet Adjacent to 136 Smith Street Vacate Alley Request Marvin Richardson Page 38 of 162 City of Waterloo City Council February 17, 2020 QAAIT6-1 CT 136 Smith Street Marvin Richardson Price: $599.76 INDEPENDENCE AVE fil 421 Cherry Street Charles and Bobbi Stocks Price: $336.80 INDEPENDENCE AVE Adjacent to 136 Smith Street Alley Vacate Request Marvin Richardson and Charles & Bobbi Stocks Page 39 of 162 City of Waterloo City Council February 17, 2020 136 Smith Street �- - Alley to be Vacated 421 Cherry Street Adjacent to 136 Smith Street Alley Vacate Request Marvin Richardson and Charles and Bobbi Stocks Page 40 of 162 February 17, 2020 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, Request by Marvin Richardson and Charles and Bobbi Stocks to vacate an existing 14' wide alley, located adjacent to 136 Smith Street and 421 Cherry Street between Smith and Cherry Streets. Marvin Richardson, 136 Smith Street, Waterloo, Iowa 50703 and Charles and Bobbi Stocks at 421 Cherry Street, Waterloo, IA 50703. Request to vacate a 14`alley (3,578 SF) in order to be sold to adjacent property owners. The request to vacate the alley would not appear to have a negative impact on the surrounding neighborhood. The request to vacate the alley would not appear to have a negative impact on vehicular or pedestrian traffic. The area was platted as an alley, but the alley is no longer being utilized as an alley. The Martin Luther King Jr. Trail is located 800' to the north of the proposed vacate area, and there are no parks or open spaces in the immediate vicinity. The area has been zoned "R-3" Multiple Residence District since adoption of Zoning Ordinance No. 2479 in 1969. The request would not require any buffering by ordinance standards. The proposed vacate of the alley would not have an adverse impact on drainage in the area. The area to be vacated was platted as an alley but does not get used for anything other than a private access for two properties. The surrounding area was developed with homes during the 1900's between 1905 and 1910. This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. The firm panel number is 19013CO302F. Highland Elementary is % of a mile to the southeast and East High is located 1,500 feet to the northwest of the project site. There would appear to be overhead electric within the east - west portion of the alley, so an easement may need to be Vacate- existing 14' wide alley, adjacent to 136 Smith Street between Smith and Cherry Streets Nagle 421 of 162 February 17, 2020 ETC. retained over a portion of the area requested to be vacated. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: 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 such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The request to vacate an existing 14' wide alley, located between Smith and Cherry Streets will vacate an area that is no longer needed by the City as an alley. Marvin Richardson plans to purchase his portion of the alley (1,826 SF) for $599.76 and Charles and Bobbi Stocks plan to purchase their portion of alley (1,470 SF) for $336.80. The Planning and Zoning Commission unanimously approved the request for the alley vacate at their regular meeting on October 1, 2019. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate 3,578 SF of the unused platted alley between Smith Street and Cherry Street be approved for the following reason: 1. The alley has not been used or maintained by the city for decades. 2. The neighboring property owners will own and maintain the alley once sold and conveyed. Vacate- existing 14' wide alley, adjacent to 136 Smith Street between Smith and Cherry Streets F ege422of162 Description — alley vacate: That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted. And also, that portion of the easement for alley purposes over Lot 14, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted. Description — conveyance to Stocks: That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying 45 feet east of the west line of Lot 12. Description — conveyance to Richardson: That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street, as is currently platted, and except for that portion lying east of a line 45 feet west of the west line of Lot 12. Page 43 of 162 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): (?, j c 14,e'Nv' ,5+, , have no objection to the right-of-way being vacated and have been offered the op ie�rtunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below d leave items 1-3 bl; nk). gnature of adjacent property owner Address Dat5 e `� & Phone 1. 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.] q • Asking price (see attached Sale of Property Policy for how calculated): 5 ,; `"1 , I • 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 & mist., demolition, remove of curbs, etc): Asking price — Deductions — Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 366 es 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed. ` he )es $ &ahhC.i'�5 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in - common, joint tenancy with full rights of survivorship, or as individual ownership.) Jp, 4- Page 44 of 162 Description — alley vacate: That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted. And also, that portion of the easement for alley purposes over Lot 14, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted. Description —conveyance to Stocks: That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying 45 feet east of the west line of Lot 12. Description — conveyance to Richardson: That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street, as is currently platted, and except for that portion lying east of a line 45 feet west of the west line of Lot 12. Page 45 of 162 SALE OF PROPERTY POLICY Price: All properties shall have an asking price of: 1. A current appraisal price 2. The current assessed value for that parcel 3. The current price per square foot of abutting property 4. The current price per square foot of adjacent property 5. The applicant or city staff may replace an above -determined asking price with current information on the sale of abutting or adjacent land Price may be modified by below information: RESIDENTIAL COMMERCIAL/INDUSTRIAL Buildable Buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. Payment of future taxes may be counted against 2. City Council may sell land for or similar price the purchase price. This shall be counted for 5 .$1.00 for areas within TIF, or Urbana enewal Districts, or years. For sites within CURA, it shall be extended Industrial Parks, as they see fit for betterment of to 8 years. that area (by Development Agreement) 3. If located within an area which has not seen recent 3. Payment of future taxes may be counted against new housing construction, City Council may sell for the purchase price. This shall be counted for 5 $1.00 plus costs, in accordance with a development years. For sites within CURA, it shall be extended agreement requiring the buyer to construct new to 8 years. housing. 4. Otherwise, a minimum sale price of 70% of the 4. Otherwise, a minimum sale price of 70% of the price as determined above. price as determined above. (Example: Council approved the sale of land to Con Agra at (Example: Council approved sale of 4 lots along Chestnut the MidPort Industrial Park for $1.00 in exchange for Street for $1.00 in exchange for requirement of 4 homes being requirement of multi -million pudding plant being constructed built within a 2-year timeframe). within 2-year timeframe). Un-buildable Un-buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within 2. May decrease price by 50% for area located within an easement an easement 3. Payment of future taxes may be counted against 3. May decrease price by 50%-100% for area in rear the purchase price. This shall be counted for 5 or determined to have little to no value (alley, etc.) years. For sites within CURA, it shall be extended 4. Payment of future taxes may be counted against to 8 years. the purchase price. This shall be counted for 5 4. Otherwise, a minimum sale price of 70% of the years. For sites within CURA, it shall be extended price as determined above to 8 years. (Example: A neighbor mowing a paper alley for 10 years may 5. Otherwise, a minimum sale price of 70% of the request to purchase that alley. The alley has overhead price as determined above electric lines. The asking price is $0.65 per sq. ft. - (Example 1: Under these rules, the r-o-w frontage along San hypothetical 16' wide by 120' deep - or $1,248.00. They can Marnan would still have boon transferred for $1.00 duo to reduce by 50% for the easement over the entire area. This taxable value of a new building on land. would make selling price $624.00) (Example 2: Under statement of eliminating rear areas with little to no value, Council could still sell alley portion in rear of property for $1.00 to Aramark - as previously requested). For all properties: 1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. This shall be -40% of entire taxes to roughly estimate City's share of taxes paid. 2. Goal is to have construction begun within a predetermined timeframe from approval of sale. 3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc. 4. The Council shall not sell un-buildable parcels of land, except to abutting property owners to try and create buildable parcels of land for future tax base development 5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the community. PROCEDURE Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable value and expenses in relation to asking price, shall be forwarded to full City Council. Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council Any such applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a request shall require a $100.00 filing fee, which is not refundable, regardless of City Council decision. In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding, development proposal packets, or not selling the property. Page 46 of 162 City of Waterloo City Council January 27, 2020 QAAIT6-1 CT 136 Smith Street Marvin Richardson Price: $599.76 INDEPENDENCE AVE fil 421 Cherry Street Charles and Bobbi Stocks Price: $336.80 INDEPENDENCE AVE Adjacent to 136 Smith Street Alley Vacate Request Marvin Richardson and Charles & Bobbi Stocks Page 47 of 162 IN1 ANT TO VACA 1h City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): 13(0,5 M T'+1/\ , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): Well wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). X We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). 1 Pi. . K c k(A$1 �I � Signature of adjacent property owner Date [ � � �S k ilk 51- Address Phone 1. 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): , ' 0 -ONDp5tiPS U L • 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 Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) /'Li v i /r / ? c / a i0/S'/) 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred -in -(Le ,ems tenants -in - common, joint tenancy with full rights of survivorship, o as individual ownership.),, Page 48 of 162 Description — alley vacate: That portion of the platted alley adjoining Lots 10, 11, 12, and 14 of Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, Tying south of the south line of Smith Street as currently platted. And also, that portion of the easement for alley purposes over Lot 14, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying south of the south line of Smith Street as currently platted. Description — conveyance to Stocks: That portion of the platted alley adjoining Lot 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, lying 45 feet east of the west line of Lot 12. Description — conveyance to Richardson: That portion of the platted alley adjoining Lots 10, 11 and 12, Smith's Subdivision, City of Waterloo, Black Hawk County, Iowa, Tying south of the south line of Smith Street, as is currently platted, and except for that portion lying east of a line 45 feet west of the west line of Lot 12. Page 49 of 162 SALE OF PROPERTY POLICY Price: All properties shall have an asking price of: 1. A current appraisal price 2. The current assessed value for that parcel 3. The current price per square foot of abutting property 4. The current price per square foot of adjacent property 5. The applicant or city staff: may replace an above -determined asking price with current information on the sale of abutting or adjacent land Price may be modified by below information: RESIDENTIAL COMMERCIAL/INDUSTRIAL Buildable Buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. Payment of future taxes may be counted against 2. City Council may sell land for 1.00 or similar price the purchase price. This shall be counted for 5 for areas within TIF, or Urban Renewal Districts, or years. For sites within CURA, it shall be extended Industrial Parks, as they see fit for betterment of to 8 years. that area (by Development Agreement) 3. If located within an area which has not seen recent 3. Payment of future taxes may be counted against new housing construction, City Council may sell for the purchase price. This shall be counted for 5 $1.00 plus costs, in accordance with a development years. For sites within CURA, it shall be extended agreement requiring the buyer to construct new to 8 years. housing. 4. Otherwise, a minimum sale price of 70% of the 4. Otherwise, a minimum sale price of 70% of the price as determined above. price as determined above. (Example: Council approved the sale of land to Con Agra at (Example: Council approved sale of 4 lots along Chestnut the MidPort Industrial Park for $1.00 in exchange for Street for $1.00 in exchange for requirement of 4 homes being requirement of multi -million pudding plant being constructed built within a 2- ear timeframe). within 2-year timeframe). Un-buildable Un-buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within 2. May decrease price by 50% for area located within an easement an easement 3. Payment of future taxes may be counted against 3. May decrease price by 50%-100% for area in rear the purchase price. This shall be counted for 5 or determined to have little to no value (alley, etc.) years. For sites within CURA, it shall be extended 4. Payment of future taxes may be counted against to 8 years. the purchase price. This shall be counted for 5 4. Otherwise, a minimum sale price of 70% of the years. For sites within CURA, it shall be extended price as determined above to 8 years. (Example: A neighbor mowing a paper alley for 10 years may 5. Otherwise, a minimum sale price of 70% of the request to purchase that alley. The alley has overhead price as determined above electric lines. The asking price is $0.65 per sq. ft. - (Example 1: Under these rules, the r-o-w frontage along San hypothetical 16' wide by 120' deep - or $1,248.00. They can Marnan would still have been transferred for$1.00 due to reduce by 50% for the easement over the entire area. This taxable value of a new building on land. would make selling price $624.00) (Example 2: Under statement of eliminating rear areas with little to no value, Council could still sell alley portion in rear of property for $1.00 to Arai -nark - as previously requested). For all properties: 1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. This shall be ^40% of entire taxes to roughly estimate City's share of taxes paid. 2. Goal is to have construction begun within a predetermined timeframe from approval of sale. 3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc. 4. The Council shall not sell un-buildable parcels of land, except to abutting property owners to try and create buildable parcels of land for future tax base development 5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the community. PROCEDURE Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable value and expenses in relation to asking price, shall be forwarded to full City Council. Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council. Any such applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a request shall require a $100.00 filing fee, which is not refundable, regardless of City Council decision. In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding, development proposal packets, or not selling the property. Page 50 of 162 City of Waterloo City Council January 27, 2020 QAAIT6-1 CT 136 Smith Street Marvin Richardson Price: $599.76 INDEPENDENCE AVE fil 421 Cherry Street Charles and Bobbi Stocks Price: $336.80 INDEPENDENCE AVE Adjacent to 136 Smith Street Alley Vacate Request Marvin Richardson and Charles & Bobbi Stocks Page 51 of 162 Alley Vacate — 136 Smith Looking at the alley from 421 Cherry Street Looking along the alley from 136 Smith Street. Looking to the lot adjacent to the alley that is owned by Marvin Richardson Looking south along the alley. Page 52 of 162 Looking from 136 Smith Street. Looking east toward 136 Smith Street. Looking south along 136 Smith Street. Looking further down the alley past 136 Smith Street. Page 53 of 162 Page 54 of 162 So- 3!c 3�• 324 46C N +W Q 3-. 363 -t' �ft�11\1 \ ,r NA /e2 III���333 Sag Coil il3 \l `, CM, ,a V tong !!2 w j® 1 3zs 29 3 40s 04 p5 ro /40 /20 /20 }50� -/410 VI r, l /2.7 /2 f �7 irgt '42 5'z 42 cy 1�. 4. l0 tnt 5aA w- h li oft, r 3. 3 i. ANT y1,1. /a9 `�� _ 3.ai... 3! i� u3 '''I% % \O : 1 /i, f- A fil v 3t6-a ;gs° N C C \ . 33071. 0 413) /00 a c 4,0 q0 Q. 3 b- G G' NJa7 4i4=40 0 0 406 t4 50 .k SO h SO 50 1Ci '" ®' o0 g oo oom N. 4/0- r1 M so- •1 N - '—fl 9/7 m cio7 70.5* F/7A/Vc/5'4'9 H 3 o G Crr c7y 7 d 7 !/6./ • ,5' 3 "'? I� i 3 `4` V 53 6 - .•3 ' 4zo- 0 �` �' $ 4zz z/ /20.a 1 �r + Qr '4111).N rlikkl I0 Q ch Z` '40(-u N cac A 6\ i-. a o- dQ /0'/ 48 -' 6-3 lam'° ., , .33 ,32.3 =_ w �� ••'—SgnC Xr-- t 0 m • :`33 Page 55 of 162 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 U Sale of City-Owned�Property Applicant: MO/ V ! % iG !'/a�"Atiress: i a6 t riff Sr Phone No.: I • 25Z 'OW/ General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): T -I- c 4 7)( Si` -4-NO t'24 c ea41 Sr 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 all be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. lori /� 1;( Uardsna Applicant vocoeici Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 56 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 1/29/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 2/5/2020 - 10:38 AM Clerk Office Even, LeAnn Approved 2/12/2020 - 10:08 AM ATTACHMENTS: Description Type ❑ Development Agreement Cover Memo ❑ Aerial Map Cover Memo SUBJECT: Submitted by: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution 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. 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. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City of Waterloo acquired 1809 Black Hawk Street in March of 2019 through Iowa Code 657A and plans are to demolish the dilapidated dwelling there now. The City has entered into previous development agreements with Summary Statement: 3 Little Lambs, LLC in this area and they built 13,684 square feet of new buildings at 1827 Black Hawk Street. The house on the property has an assessed value of $38,690 and the Minimum Assessment Agreement (MAA) requires that the new improvements shall not be less than $125,000.00, with MAA ending December 31, 2028. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development Page 57 of 162 Background Information: Legal Descriptions: 3 Little Lambs, LLC has been active in this area and has constructed nearly 14,000 square feet of new commercial buildings. Lot 7 in Block 16 in Hayes Addition to the Town (now City) of Waterloo, Black Hawk County Iowa, and half of the alley abutting said Lot 7. Page 58 of 162 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703, DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2020, by and between 3 Little Lambs, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct a building and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey to Company for the sum of $1.00 (the "Purchase Price") the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real Page 59 of 162 property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall have no duty to accept title to the Property until City has completed demolition activities in accordance with Section 6.A. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a commercial building of no less than 2,500 square feet, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, all applicable City, state, and federal building codes- and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City following City's completion of demolition as set forth in Section 6.A (the "Project Start Date"), and construction of Improvements must be Substantially Completed within twelve (12) months after commencement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. 2 Page 60 of 162 If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney - in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 61 of 162 6. Additional City Assistance. The incentives described in the following subsections of this Section 6 are in addition to the other Project incentives extended by City to Company hereunder. A. Demolition. City will demolish all structures on the Property, remove all trees and stumps, and remove all debris, leaving a relatively level and construction -ready site. B. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. C. Vacated Alley. City agrees to take all steps necessary to vacate the alley behind the Property and to convey same to Company by quit claim deed concurrently with conveyance of the Property. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the aggregate amount of $125,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than any demolition that may be authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 4 Page 62 of 162 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. D. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and ail parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a 5 Page 63 of 162 defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by 6 Page 64 of 162 any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 7 Page 65 of 162 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. 8 Page 66 of 162 B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and 9 Page 67 of 162 procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 19. No Third -Party Beneficiaries, No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 20. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at P.O. Box 655, Waterloo, IA 50704, Attention: Jonathan Brundrett. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 22. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 10 Page 68 of 162 23. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 24. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 25. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 28. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 11 Page 69 of 162 CITY OF WATERLOO, IOWA 3 LITTLE LAMBS, LLC By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk J.`' athan Brundrett M. naging Member PERSONAL GUARANTY. The undersigned person(s), being either an owner, officer, shareholder, member and/or manager of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. 12 athan Brundrett Page 70 of 162 EXHIBIT "A" Legal Description of Property: Lot 7 in Block 16 in Hayes' Addition to the Town (now City) of Waterloo, Black Hawk County, Iowa, and half of alley abutting said Lot 7. 13 Page 71 of 162 "Page intentionally blank" 14 Page 72 of 162 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 2020, by and among the CITY OF WATERLOO, IOWA ("City"), 3 LITTLE LAMBS, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Rath Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $125,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before December 31, 2021. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2028. Nothing herein shall be deemed to waive the Company's rights under Iowa Code 15 Page 73 of 162 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement, Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA 3 LITTL LAMBS, LLC By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK athan Brundrett M: naging Member On this day of , 2020, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City 16 Page 74 of 162 Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public Subscribed and sworn to before me omJ4-7Ze.9 GI 7-7 Brundrett as Managing Member of 3 Little Lambs, LLC. TIM ANDERA COMMISSION NO. 772518 MY COMMIS i 1O, 2021 WIRES , 2020, by Jonathan 17 Page 75 of 162 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be Tess than One Hundred Twenty-five Dollars ($125,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2020, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 18 Page 76 of 162 Citij of Waterloo, Iowa Pdye i i 0i io2 CITY OF WATERLOO Council Communication FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986. City Council Meeting: 2/17/2020 Prepared: 2/11/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/11/2020 - 12:21 PM Clerk Office Even, LeAnn Approved 2/12/2020 - 9:56 AM ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Matt Schindel, Associate Engineer Page 78 of 162 FY2020 Brock 3rd Addition Sanitary Sewer Extension Cont. No. 986 Bid Tab: February 13, 2020 Estimate: $156,000.00 Bidder Bid Security Total Bid Amount Dave Schmitt Construction Co. Inc. Cedar Rapids, IA 5% $115 529.00 Lodge Construction, Inc. Clarksville, IA 5% $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 Page 79 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Hotel/Motel Discretionary Funding Committee Reviewer Even, LeAnn Action Date Approved 2/12/2020 - 3:40 PM ATTACHMENTS: Description Type ❑ Council Communication Backup Material ❑ Council Communication Backup Material SUBJECT: Submitted by: Summary Statement: Source of Funds: 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. Submitted By: Tavis Hall, Executive Director of Waterloo Convention and Visitors Bureau This is a high school state finals event for 1A, 2A and 3A boys and girls bowling. This event hosts boys and girls individual events as well as team event for boys and girls. A total of 400 hotel nights are anticipated, coming in February, a historically slow time for hotels & tourism. With 75% of the teams from outside Black Hawk County, it is most likely that we'll see 300- 400 room nights. Hotel -motel tax grant funding for FY20 Page 80 of 162 High School State Girls & Boys Bowling Tournament Cadillac XBC Dates: February 24 - 26, 2020 Location: Cadillac XBC Summary: Cadillac XBC is an amazing partner who are bringing this great event to Waterloo. The state Boys & Girls HS tournaments are new to Waterloo, with the likelihood that they will make Waterloo their annual home. Kids sports typically has a higher economic impact because of the multiplier of family members coming to town, cheering on participants. Attendance: 400 participants / 600 spectators / 1,000 total Projected room nights: A total of 400 hotel nights are anticipated. Room night impact: In February, 400 room nights a decent shot -in -the -arm for local hoteliers as well as restaurateurs and small business owners, as overall visitations are low in February. Projected economic impact: Economic impact is projected at $186,736 Request: $3,000 ROI (Economic impact based on requested funds): The request of $3,000 would yield a return of $62.25 per dollar requested. Notes regarding funds: These funds are vital to these tournaments and without, the tournaments would not be able to call Waterloo home. This is a 1st time event for us that will turn into an annual event. Use of funds: These dollars will go toward covering expenses generated by youth tournaments and fees. Application quality (was it clear, complete, well thought-out): The application is very clear. In addition, the Cadillac XBC team are AWESOME partners who are going through a very difficult time, with the robbery & fire at Maple Lanes, which they also own. This is the time that we should be lifting up our friends. Page 81 of 162 FY2020 Mini -Grant Application High School State Girls and Boys Bowling Tournament CadillacXeC Starting: 2/24/2020 Ending: 2/26/2020 Total Amount Requested: $3,000 EXPERIENCE waterloo ORGANIZATION INFORMATION Organization FEIN 20-4908836 Organization address 650 LaPorte Rd. Waterloo IA 50701 Organization web address www.cadillacxbc.corn Contact person Rich Eighme Contact person's email address rnkurban@aol.com Contact person's phone number 319-239-8148 Is a member of Waterloo City Council or Experience Waterloo on your Board of Directors or an employee/volunteer of your organization? EVENT INFORMATION Event name High School State Girls and Boys Bowling Tournament Event start & end date 2/24/2020 through 2/26/2020 Event location Amount requested CadillacXBC $3000 Please specify how grant funds will be used Funds will be used to help pay for costs of doing business for the host center CadillacXeC. State tournament host center compenastion does not cover the cost of staffing and other fixed expenses. Please describe the event This is a high school state finals event for 1A, 2A and 3A boys and girls bowling. This event hosts boys and girls individual events as well as team event for boys and girls. EVENT GOALS & EXPECTATIONS Please specify the goals/expectations of the event. Goal is to host the High School State finals in a centrally located location for team, and individual boys and girl bowlers across the state of Iowa. Please describe the mechanism for measuring to see if goals/expectations are met. Meetings will be held after the event with the Iowa High School Athletic Association and the Iowa Girls Athletic Union to discuss the success of the program and need of future events. How does the event bring people to Waterloo from outside of Black Hawk County? Participants qualify from across the State. Finals are held in Waterloo. Many of these students are accompanied by their parents grandparents and family members. Since this is a multiple day event, many families come early for practice sessions the day before. Page 82 of 162 VISITOR GOALS & INFORMATION How many people do you expect to attend? Between participants and spectators we anticipate 1000+ Please describe the mechanism for tracking/measuring attendance. The High School Athletic Association charges admission at the gate. We will use their numbers for admission. Each school sends a set number of participants to the tournament so those numbers will be used for tracking as well. How many out -of -county visitors (who are staying in a What are your expectations for total hotel room nights hotel) do you expect? used in Waterloo? 800 400 What percentage of overnight attendees are arriving by How many visitors do you anticipate staying in each air? hotel room? 1 4 EVENT HISTORY Is this event new? No (event has been held within the past five years) Please explain, in detail, how this event explores a new idea, new direction, is innovative or a new event. Are there significant changes to the event/application from previous years? Have not previously applied for this grant If yes, please describe in detail those changes. NA Where has the event most recently taken place? Previously held in Des Moines since the onset of the tournament When was the event last held? 2/4/2019 How many total attendees participated? 1000 How did you track attendee information for previously held events? States provided from the IHSAA Does this event employ any significant new ideas, new directions, innovations or new projects? No MEASURING SUCCESS Please describe the mechanism for tracking/measuring success of your event. Feedback from the 2 Athletic Association Unions Please describe the mechanism for verifying hotel room use and how the hotel room use will be tracked/measured. Will colaborate with the IHSAA to create a survey on their site to see if participants will be obtaining a hotel room. BUDGET Will you be answering budget questions in this document or emailing them to Tavis Hall, Executive Director of Experience Waterloo? See Attached Page 83 of 162 STRENGTHENING WATERLOO How does this event strengthen Waterloo and/or the perception of Waterloo? What specific marketing will you be doing outside of Black Hawk County for this event? The two governing bodies of the tournament will promote the State Tournament in all of the schools throughout the State of Iowa. It will be promoted nn the CorlillacXBC Facebook page as well (lc ni r inrebsite. How does your organization collaborate with others in the community throughout the year? We are members of Grow Cedar Valley, we host several events for Big Brothers, Big Sisters, Exceptional Persons, Corporate Christmas Parties and Team Building events. We partner up with The Waterloo Bucks and Black Hawks for events as well. ACKNOWLEDGEMENT I have completed this to the best of my knowledge and certify that the information is accurate and complete. I acknowledge that the Hotel -Motel Tax dollars are reimbursement and payable upon completion of the project(s) outlined on this form. Page 84 of 162 Event Impact Summary Destination: Waterloo Convention & Visitors Bureau Event Parameters Key Results Event Name: State High School Bowling Tournament Business Sales (Direct): $114,802 Organization: Cadillac XBC Business Sales (Total): $186,736 Event Type: Youth Sports Jobs Supported (Direct): 58 Start Date: 2/24/2020 Jobs Supported (Total): 78 End Date: 2/26/2020 Local Taxes (Total): $2,262 Overnight Attendees: 200 Net Direct Tax ROI: $2,027 Day Attendees: 800 Estimated Room Demand: 204 Direct Business Sales Sales by Source Sales by Sector $80.000 - Trans. $60.000 - Space Rental Retail $-0.000- ■ Recreation Lodging $20.000 - Food/Bev $0 fiti=_1d2_a •3siz=. Mee s Sv S2v::::( S4v..... S60lDCv Industry Attendees Organizer Media/Sponsors Total Lodging $18,329 $0 $0 $18,329 Transportation $2,792 $603 $18 $3,413 Food & Beverage $13,502 $0 $0 $13,502 Retail $19,211 $0 $0 $19,211 Recreation $8,128 $0 $0 $8,128 Space Rental $0 $0 $0 $0 Business Services $0 $52,209 $10 $52,219 TOTAL $61,962 $52,812 $28 $114,802 Page 85 of 162 Empowering Men Youth & Adult Basketball Tournament Applicant: I Believe Leadership & Sports Academy (Anthony Thomas) Dates: 4/3-5/2020 Location: East High School & Carver Middle School Summary: This is a great 1st year effort by a proven tourism partner in Anthony Thomas. Anthony has partnered with a non-profit in an effort to diversify his audience, as he typically focuses rather exclusively on youth basketball. The addition of adults is a great way to expand his network & the reach of basketball in Waterloo. Attendance: This event has a projected attendance of 3,000 participants. His events have been very well attended in the past and have been pretty close to original attendance. With that said, adult sports do not typically see as high of additional attendees as a youth tournament. Projected room nights: With 75% of the teams from outside Black Hawk County, it is most likely that we'll see 300-400 room nights. Room night impact: This is a time of the year when we see some great leisure travel and sporting events. This isn't something that is going to compete with a number of larger events in Waterloo, so it is a early season event before summer travel hits. Projected economic impact: $247,575 Recommended Award: $2,500 ROI (Economic impact based on requested funds): A $2,500 award would return $99.03 per dollar invested. Notes regarding funds: This tournament has a great impact on the community and helps establish Waterloo as a great basketball tournament town, a market we, along with CVSC, are looking to grow. Supporting tournaments like this only help solidify Waterloo as a great tournament town. Use of funds: Funds will be used for - facility rental (fundable) - marketing (fundable) referee expenses (fundable) Application quality (was it clear, complete, well thought-out): This years' application was easy to follow. Page 86 of 162 EXPERIENCE waterloo ORGANIZATION INFORMATION Organization FEIN 83-0715963 FY2020 Event Grant Application Empowering Men Youth and Adult Basketball Tournament Anthony Thomas -I Believe Leadership & Sports Academy East High School & Carver Intermediate Starting: 4/3/2020 Ending: 4/5/2020 Total Amount Requested: $2,800 Contact person 319-961-6314 Organization address Contact person's email address 1910 City View Organization web address MAYB.com athomasbasketball@yahoo.com Contact person's phone number 319-961-6314 Is a member of Waterloo City Council or Experience Waterloo on your Board of Directors or an employee/volunteer of your organization? No EVENT INFORMATION Event name Empowering Men Youth and Adult Basketball Tournament Event location East High School & Carver Intermediate Event start & end date 4/3/2020 through 4/5/2020 Amount requested $2800 Please specify how grant funds will be used Gym Rental $1000 Referee $1000 Security $ 800 Please describe the event This will be a collaboration between I Believe Leadership and Sports Academy and Amani Organization. The organization will host a youth and adult basketball tournament. Competition will come from other states and surrounding cities within Iowa. The basketball tournament will be used as a fund raiser to support adult and youth year around activities and workshops. Workshops will focus on enhancing knowledge in the areas of financial literacy, domestic violence, character building and positive choice making. EVENT GOALS & EXPECTATIONS Please specify the goals/expectations of the event. Our goals for running this spring basketball event would consist of. Boys and girls youth and adult teams will participate. The event will promote and expose the athletes to an organized and competitive basketball tournament, while engaging participates and specters, in positive activities which will development self-esteem, team work, cultural diversity and sportsmanship. We would like to Page 87 of 162 create an atmosphere that promotes the Cedar Valley at large as a great community to be a part of. Please describe the mechanism for measuring to see if goals/expectations are met. Registration will be done by teams on line. Based on our summer basketball tournament a larger number of teams come from outside the area to compete. This helps the Cedar Valley business and hotels when this occurs. This event will help fund raising efforts in continuing to provide year around programming for the community at large. Staff and volunteers will use wrist bands and surveys to measure attendance at event and hotel usage in the area. How does the event bring people to Waterloo from outside of Black Hawk County? My collaboration with Mid American Youth Basketball going on 10 years has been a successful. With their data base of over 20,000 teams this helps attracted youth teams, my association with outside adult basketball agencies will generate enough interest in forming our adult tournament. VISITOR GOALS & INFORMATION How many people do you expect to attend? With teams and specters we will expect 3000 people to attend event Please describe the mechanism for tracking/measuring attendance. Volunteers will use wrist bands and surveys to track and measure attendance. How many out -of -county visitors (who are staying in a What are your expectations for total hotel room nights hotel) do you expect? used in Waterloo? 2000 380 What percentage of overnight attendees are arriving by How many visitors do you anticipate staying in each air? hotel room? 1 3 EVENT HISTORY Is this event new? No (event has been held within the past five years) Please explain, in detail, how this event explores a new idea, new direction, is innovative or a new event. Are there significant changes to the event/application from previous years? No If yes, please describe in detail those changes. NA Where has the event most recently taken place? Waterloo When was the event last held? 7/19/2019 How many total attendees participated? 4000 How did you track attendee information for previously held events? Staff and volunteers used wrist bands and surveys were taken at door Does this event employ any significant new ideas, new directions, innovations or new projects? No Page 88 of 162 MEASURING SUCCESS Please describe the mechanism for tracking/measuring success of your event. Staff and volunteers ask teams and specters question to gain knowledge of what they like about event and things they would like to see or what they did not like about event. Please describe the mechanism for verifying hotel room use and how the hotel room use will be tracked/measured. We ask teams and specters where they are staying during the weekend event. This method has worked very well in the past to gain a accurate count of where individuals are staying throughout Cedar Valley. BUDGET Will you be answering budget questions in this document or emailing them to Tavis Hall, Executive Director of Experience Waterloo? See attachment STRENGTHENING WATERLOO What specific marketing will you be doing outside of Black Hawk County for this event? We use Mid American Youth Basketball data base, Facebook, calling other organization to make them a where of event and calling. How does your organization collaborate with others in the community throughout the year? We have successfully collaborated various organization within the Cedar Valley to organize events and utilize their facilities when needed. ACKNOWLEDGEMENT I have completed this to the best of my knowledge and certify that the information is accurate and complete. I acknowledge that the Hotel -Motel Tax dollars are reimbursement and payable upon completion of the project(s) outlined on this form. Page 89 of 162 Event Impact Summary Destination: Waterloo Convention & Visitors Bureau Event Parameters Key Results Event Name: Empowering Men Youth and Adult Business Sales (Direct): $159,872 Basketball Tournament Organization: I Believe Sports Academy Business Sales (Total): $247,575 Event Type: Sports Tournament Jobs Supported (Direct): 93 Start Date: 4/3/2020 Jobs Supported (Total): 116 End Date: 4/5/2020 Local Taxes (Total): $3,363 Overnight Attendees: 380 Net Direct Tax ROI: $3,078 Day Attendees: 3000 Estimated Room Demand: 320 Direct Business Sales $80.000 - Sales by Source Sales by Sector Trans. Space Rental $60.000 $40.000- Retail • Recreation Lodging $20.000 - $0 , fitt=_-id�_a C.ganz=_• ExnoiDS 5v 52u...0,. 54u.v,.. 53u.v.... Industry Attendees Organizer Exhibitor Total Lodging Transportation Food & Beverage Retail Recreation Space Rental Business Services TOTAL $31,705 $6,582 $16,620 $6,003 $3,105 $0 $0 $64,014 $4,209 $1,403 $27,800 $0 $0 $11,768 $27,848 $73,028 $0 $3,580 $7,530 $0 $0 $2,077 $9,643 $22,830 $35,914 $11,565 $51,950 $6,003 $3,105 $13,845 $37,490 $159,872 Page 90 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/11/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/12/2020 - 10:45 AM Clerk Office Even, LeAnn Approved 2/12/2020 - 2:24 PM SUBJECT: 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. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: IDOT SWAP Funding and Storm Water Fees Background Information: HRG has completed the hydraulic analysis and it is believed that a 3 sided culvert is the best option. Terracon's proposal was for only one boring and HRG has requested additional geotechnical for this structure. Page 91 of 162 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Engineering Clerk Office Reviewer Knutson, Jamie Even, LeAnn ATTACHMENTS: Description ❑ Cont 1012_PSA_AECOM SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Date 2/12/2020 - 10:21 AM 2/12/2020 - 12:40 PM 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. Submitted By: Jamie Knutson, PE, City Engineer Page 92 of 162 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO, IOWA E. SHAULIS ROAD TRAIL EXTENSION, PHASE II TAP-U-8155(766)--8I-07 PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 93 of 162 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 94 of 162 AECOM Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non - renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of Sixty -Five Thousand Five Hundred Dollars ($65,500.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 95 of 162 AECOM Page 4 work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 96 of 162 AECOM Page 5 disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. Page 97 of 162 AECOM Page 6 (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By: By: Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E Title: Mayor Title: Associate Vice President Date: Date: February 10, 2020 Page 98 of 162 CITY OF WATERLOO, IOWA E. SHAULIS ROAD TRAIL EXTENSION, PHASE II TAP-U-8155(766)--8I-07 EXHIBIT A A. Project Description This project includes the construction of a 0.7 mile shared -use path along either side of Shaulis Road from Cedar Terrace Drive to the Cedar Valley Nature Trail. This 10' wide PCC shared -use path will include a crossing of Foulk Road, culvert extensions, driveway modifications and erosion control. The project is anticipated to be constructed in the 2021 construction season. B. Scope of Services The Scope of Services for the first phase of the project will include the topographic survey, environmental review, preparation of easements, preliminary and final design. The location of the shared -use path will be as shown in the Concept Statement submitted by the City. The project will be designed assuming an Iowa DOT letting using Iowa DOT standards and specifications. The scheduled letting date for the project is October 20, 2020. The Scope of Phase I Design Services is further described by the following tasks: Phase I - Design Services Survey and Preliminary Design Tasks 1 - 7. These tasks include the preparation of the preliminary construction plans for 0.7 mile of shared -use path that shows the proposed construction limits that identify possible right-of-way impacts. The preliminary plans will include the alignment and location of the shared -use path, the proposed profile, culvert extensions, driveway modifications and ADA ramp layouts. Task 1 — Design Survey and Base Mapping. This task includes the topographic survey of the proposed location of the shared -use path based on the location shown in the Concept Statement. Utilities will be identified, and a joint meeting will be scheduled with the possible utilities within the corridor. Property pins will be located as well in the appropriate locations. Task 2 — Environmental Review. If needed, Stantec Consulting Services, Inc., will provide a review of the corridor for possible wetlands and if present, determine boundaries and provide locations to AECOM for determination of impact. Task 3 — Title and Legend Sheets (A -Series Sheets) Task 4 — Typical Cross Sections (B-Series Sheets). This task includes developing typical cross sections throughout the corridor. Task 5 — Plan and Profile Sheets (D-Series Sheets). These sheets will include an alignment showing the location of the shared -use path relative to Shaulis Road, profile of the path, existing right-of-way information, identification of property ownership and proposed temporary easements. Page 99 of 162 Task 6 — ADA Ramp Detail Sheets (S-Series Sheets). This task will include the preparation of details of four pedestrian ramps. This will include determining spot elevations and filling out Tabulation 113-10 Sidewalk Compliance Tabulation. Task 7 — Cross Section Sheets (W-Series Sheets). This task includes developing cross sections at 25-foot intervals which show the existing ground, along with the proposed design. The existing right-of-way will be identified within the cross sections. Final Design Tasks 8 - 20. These tasks include the preparation of the final construction plans meeting Iowa DOT standards and specifications. Task 8 — Drainage Design. This task includes the design of the culvert extensions and review of the impact to drainage by possibly filling in the ditch on either side of Shaulis Road. Task 9 — Erosion Control Design. This task includes the development of 40-scale plan views of the project corridor showing the erosion control features such as seeding, matting, wattles, revetment / erosion stone, silt fence and other erosion control features. Included in this task is the completion of the tabulations and quantities for erosion control and the completion of the pollution prevention plan. Task 10 - Title and Legend Sheets (A -Series Sheets) Task 11 - Typical Sections and Details (B-Series Sheets) Task 12 - Quantities, Estimate Reference Notes and Tabulations (C-Series Sheets). Necessary tabulations will be developed such as Shared -Use Path quantities, Driveway Tabulation, Signing Tabulation, Removal Tabulations, Pavement Markings, Curbs, Safety Closures, Clearing and Grubbing, and other tabulations. Task 13 - Plan and Profile Sheets (D-Series Sheets). It is estimated that there will be 12 sheets at 40-scale. Design details, removals, signing, drainage, profiles, ditch grades and other design features will be displayed on the D-Series Sheets. Task 14 - Geometric Data Sheets (G-Series Sheets). The geometric sheets will include reference ties, benchmark information and alignment data for the proposed shared -use path. Task 15 - Traffic Control Notes (J-Series Sheet). This sheet will show notes on traffic control that will be required during construction. It is anticipated that Shaulis Road will remain open and that short duration lane closures may be necessary during construction. Task 16 - Sidewalk Details (S-Series Sheets). This task will include the preparation of sidewalk details at each quadrant of each intersection. The task will include determining spot elevations and filling out Tabulation 113-10 Sidewalk Compliance. Task 17 — Cross -Section Sheets (W-Series Sheets) Task 18 — Construction Cost Opinion. This task includes the preparation of an estimated opinion of construction cost. Page 100 of 162 Task 19 — Final Revisions. This task includes final revisions of the check plans and final plans based on comments received from the Iowa DOT. Task 20 — On -Line Bid Item Entry. This task includes the entry of bid items into the Iowa DOT on-line system. Project Administration Tasks 21 - 26. These tasks include the project administration tasks such as internal meetings, client review meeting, a public informational meeting, individual property owner meetings, utility coordination, Iowa DOT coordination, NPDES permit application and other administration items which are further described in this section. Task 21 — Quality Control Review. This task includes internal independent project reviews of project documents prior to release of documents. Task 22 — Project Meetings. This task includes internal communications and meetings with staff. Included in this task are two review meetings with City design staff to go over details of the design and schedule of the project. All external meetings will include the preparation and distribution of meeting minutes. Task 23 — NPDES Permit Application. This task includes preparing and submitting public notices and NPDES General Permit No. 2 to the Iowa DNR. Task 24 — Public Informational Meeting. This task includes the preparation and attendance at a public informational meeting. Task 25 — Pre -Letting Activities. This task includes the answering of questions from contractors and the Office of Contracts. Task 26 — Post -Letting Activities. This task includes answering questions after the letting prior to the preconstruction conference. Phase 11- Construction -Related Services The scope of construction -related services will be determined at the time the services are needed and defined under a future amendment. Construction -related services include construction staking, on -site field review, materials testing and contract administration during construction. O:\Administration\AGREE\PROF\WAT E Shaulis Rd Trail Extension Phase II.doc Page 101 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Rejected 2/12/2020 - 10:46 AM Engineering Ross, Tracia Approved 2/12/2020 - 10:54 AM Engineering Knutson, Jamie Approved 2/12/2020 - 10:55 AM Clerk Office Even, LeAnn Approved 2/12/2020 - 12:47 PM ATTACHMENTS: Description Type ❑ Cont 942_Supp Agreement No 1 to CRS Agreement Cover Memo SUBJECT: 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. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Expenditure Required: not to exceed $2,033.80 Source of Funds: TIF Funding Background Information: additional design services Page 102 of 162 Owner Project No. 942 Professional Services Agreement for ANSBOROUGH AVENUE FROM U.S. 20 TO SAN MARNAN DRIVE IMPROVEMENTS CONSTRUCTION PHASE Supplemental Agreement No. 1 This is an AGREEMENT, made as of the eleventh (11th) day of February in the year 2020; by and BETWEEN the City of Waterloo, Iowa, identified as the Owner; City of Waterloo, Iowa City Hall 715 Mulberry Street Waterloo, IA 50703 and the Consultant ; Ament Design 625 32nd Avenue SW Cedar Rapids, IA 52404 for the following Project: The parties hereto entered into an agreement dated the second (2nd) day of April, 2018 for construction phase services for the Ansborough Avenue from U.S. 20 to San Marnan Drive Improvements in the City of Waterloo. The Owner desires to employ the Consultant to provide additional work in connection with the construction of the improvements. The Consultant is willing to perform the construction -related services in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers. ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: Provide additional construction phase services related to close-out of the construction contract. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: An additional amount of $2,033.80 with total compensation of Ninety-three thousand fifty-three dollars and 80/100 cents ($93,053.80) 1.3 Time Parameters 1.3.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.3.2 This Agreement Amendment does not alter the schedule presented in the original Contract Agreement. ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. 2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachments A. Page 1 of 4 Page 103 of 162 ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement 3.1.1 For the Consultant's services as described under Article 2, compensation shall be as defined in Attachment C. ARTICLE 4 TERMS AND CONDITIONS 4.1 Extension of Time 4.1.1 The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.2 Consultant's Endorsement on Plans 4.2.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.3 Severability If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. Ament Design Michael G. Dryden, PE Secretary/Treasurer City of Waterloo, Iowa Printed Name: Title: Date: , 2017 Date: , 2017 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\209EB43D-0096-44C5-86D3- 90DB8F96D8B8\W aterloo.21700.1. Cont_942_Su pp_Agreement_No._1 _to_CRS_agreement.doc Page 2 of 4 Page 104 of 162 ATTACHMENT A Scope of Services Sc pe of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. I. Additional Construction Phase Services Construction Phase Services — Due to weather delays Project completion was delayed requiring the expenditure of additional funds for construction phase services for construction observation, construction surveys and administration of the construction contract. II. Deliverables A. ENGINEER Deliverables 1. No changes to original agreement III. Owner's Responsibilities MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. Nothing noted C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\209EB43D-0096-44C5-86D3- 90DB8F96D8B8\W aterloo.21700.1. Cont_942_Su pp_Agreement_No._1 _to_CRS_agreement.doc Page 3 of 4 Page 105 of 162 ATTACHMENT C (referenced from 3.1) Fees and Payments - Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement Amendment, the Consultant shall be paid an additional fee as outlined below. Original Fee Amendment No. 1 Maximum Amount Payable $ 91,020.00 $ 2,033.80 $ 93,053.80 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\209EB43D-0096-44C5-86D3- 90DB8F96D8B8\W aterloo.21700.1. Cont_942_Su pp_Agreement_No._1 _to_CRS_agreement.doc Page 4 of 4 Page 106 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Reviewer Action Date Building Department Higby, Nancy Rejected 2/12/2020 - 11:56 AM Building Department Shepard, Cynthia Approved 2/12/2020 - 12:14 PM Building Department Higby, Nancy Approved 2/12/2020 - 12:51 PM Clerk Office Higby, Nancy Approved 2/12/2020 - 12:51 PM ATTACHMENTS: Description Type ❑ Parking -Inc Cover Memo SUBJECT: Submitted by: Recommended Action: Background Information: 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. Submitted By: Noel Anderson, Community Planning and Development Director Approval Awarding to Park -Inc. although not lowest bid due to them already being suppliers and present at the Waterloo Airport. Page 107 of 162 Prepared by: Parking -Inc. 401 Grand Avenue Des Moines, IA 50309 In Partnership with: FISHER [ADVANCED PARC SOLUTION] Parking, Inc., in a joint partnership with Fisher Parking & Security, Inc, is providing a proposal for an advanced barcode Parking Access & Revenue Control system for the City of Waterloo, Iowa prepared for: Greg Ahlheim City of Waterloo 715 Mulberry St Waterloo, IA 50703 PARKING SYSTEMS Parking, Inc & FISHER are Members of the PIARCSIG Technology Group PARCS I G Page 108 of 162 Parking -Inc. Proposal Number: Proposal Date: Project Name: Page Number: ADVANCED PARKING SYSTEM City of Waterloo 180 West Sth Street Waterloo, Iowa 50701 Re: Commercial Street and East Parking Ramp PARCS System Upgrade Mr. Greg Ahlheim, FP5 1/30/2020 Waterloo 2 Please find enclosed Parking Inc. comprehensive response for the supply and installation of a Parking Access and Revenue Control System (PARCS) for the Clty of Waterloo. Parking Inc has carefully reviewed the RFP, performed a site visit and have a full understanding of both the projects objectives and technical requirements. Parking Inc has made the decision to bid Commercial Street Parking Ramp PARCS Upgrade. Our goal is to make the City of Waterloo's project Parking Inc's premier location in Waterloo, Iowa, as it is our desire to be your PARCS Technology partner well into the future. TIBA, our PARCS provider is in a growth mode position as other PARCS vendors struggle to complete multiple large installations. This is proven by our strong client base that are very satisfied with our solutions. As a PARCS provider and software developer with over thirty years of industry experience, TIBA with our certified local VAR Parking Inc Is recommending a suite of products that will assist the City with its parking technology needs. We also believe we have a good understanding of the challenges this project brings and offer the benefits below as part of our solution: • Feature Rich Hardware Utilizing Barcode Technology ® SmartPark Cloud Facility Management Software • Extensive Validation Solutions TIBA combines industry leading hardware with our proprietary software and integrates each module into our SmartPark Cloud FMS Central Management System. This solution provides our clients with an automated system and real-time information they need to maximize efficiency and earnings potential. When desired, third party systems can easily be added, creating a customized solution that fits your operational needs. The TIBA solution provides operators with the real time control and data analytics reporting needed to maximize efficiency and revenue potential. Partnering with Fisher Parking & Security, Inc. allows us to provide additional regional support and programming services to achieve our primary objective of a better parking experience for your operators & users. Parking, Inc & FISHER have an extensive list of satisfied clients ranging in size of single facility to multi -facility high -volume access and revenue controls. Listed in our proposal is a short list of similar scope installations. Parking Inc is proud of our outstanding record of delivering complete solutions and appreciate your consideration. We are excited about this opportunity with the Clty and hope that we have opportunity to provide more Information In an interview. We also invite the City's parking team to tour any of our refenced sites. Cordially , Craig 8uscher Manager, Parking Inc EXIT VERIFIER I PAY ON FOOT I LPR I MOBILE PAY VALIDATION I HOTEL Page 109 of 162 (j) Parking -Inc. Proposal Number: Proposal Date: Project Name: Page Number: ADVANCED PARKING SYSTEM Thank you for your consideration of technology solutions provided by Fisher Parking & Security, inc. Established in 1985 FISHER has been specializing in parking access and revenue control system design, consultation, installation and maintenance for 33+ years. Our seasoned staff of certified technicians are fully trained in all aspects of access and revenue control as well as the leading voice, data and video solutions available today. We currently maintain offices in the Kansas City, St. Louis & Omaha metropolitan areas. Parking Access & Revenue Control Solutions X60 Flexibility: the TIBA PARC5 operates as a high-speed ticket dispenser, advanced pre -pay device or as a TICKETLESS transient entry device. Truly the most advanced solution In the industry. Integrated Intercoms/Cameras: using the latest in Hosted and On -premises technologies your lane equipment is always in help mode for your customers. Real-time Alerts: your PARCS generates and sends alerts to an computer or by email if a user programmed system alert is generated. Software Implementation FPS 1/30/2020 Waterloo 3 Flexible Validation: included in every PARCS is the exclusive TIBA SmartSticker validation platform. High-speed Transactions: our PARCS are the fastest in the land. Your credit card customers will have rapid and accurate payment transactions. Customer Support: Dedicated service email dispatched company wide for the fastest local response in the MidWest. Professional Installation: Systems are installed by our trained technicians and fully configured by our own experienced technicians. Customization: during configuration our software engineers custom configure your system for maximum efficiency in your facility. Enterprise Level Scaling: Multiple facilities can be connected to a single secure SQL database across LAN/WAN. Access can be by client or thru web browser. Hosted: your system will be Implemented on a subscription bases and hosted in the amazon cloud. Take advantage of this exciting feature to defer costs Into a maintenance plan and stay up to datel QIR Security Standards Council EXIT VERIFIER 1 PAY ON FOOT 1 APR 1 MOBILE PAY 1 VALIDATION 1 HOTEL :'I'1' �r Page 110 of 162 nParking -Inc. Proposal Number: Proposal Date: Project Name: Page Number: FPS 1/30/2020 Waterloo 4 [Scope of Work] ADVANCED PARKING SYSTEM Scope • Installation of five (5) X60 Entry Station ® Installation of two (2) X60 Exit Station • Installation of two (2) X60 VPS Exit Station • Installation of two (2) X60 SL Station • Installation of eleven (11) High -Speed Barrier • Installation of one (1) Site Controller • Installation of one (1) TIBA FMS Subscription • Installation of one (1) EMV Connect Subscription + Installation of three (3) Open/Full Sign • Installation of one (1) Intercom Server • Termination of System Required Cabling + System Configuration • System Programming and Training • Disposal and Environmental Impact Fees • Estimated Shipping • Sales tax Exclusions • Power Source • Approved Credit Card Clearing House • PCl/DSS Compliance Assessments • High Speed Broadband w/ Static IP (public) • Network Firewall • Owner Network Programming • Data Entry (excel import available) • Custom Ticket Printing • Hardware spec items not TIBA standard • Software spec items not TIBA standard • Video Recording and Storage Equipment • On -Site System Servers • On-line Parking Reservation Accounts • Concrete Islands & Bollards • Conduits & Pull Strings • Fiber optic network & cable • System Options • MBE/WBE/Union Labor • Applicable Permits • Payment and/or Performance bonds System options FISF ER a TELECOM ACCESS NETWORK X60 TECHNOLOGY EXIT VERIFIER I PAY ON FOOT LPR MOBILE PAY 1 VALIDATION HOTEL Page 111 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: Protect Name: Page Number: 1/30/2020 Waterloo 5 [Component Summary] ADVANCED PARKING SYSTEM Qty Description Commercial Street Entry/Exit Plaza 3 MP60 Entry Station 1 SW60 Exit Station 1 VPS60 Exit Pay In Lane 1 VPS60 2 Note Dispenser 2 X60 Exit Ticket Swallowing Unit 2 EMV RDR [CICO] chip only 2 EMV Contactless Add -on 5 MP/SW VoIP + Video Intercom 5 MP/SW Prox RDR 2 LED, Open/Full 5 MD Barrier Gate w/ ARM Access Control Entry/Exit Plaza 2 X60 SL Entry/Exit Station 2 5L Prox RDR 2 SL VoIP + Video Intercom 2 MO Barrier Gate w/ ARM Qty Description Local Back Office System 2 8 Port Gigabit Managed Switch 1 24 Port Rack Mount Managed Switch 1 Vol? Master Controller East Garage 2 MP60 Entry Station 1 SW60 Exit Station 1 VPS60 Exit Pay In Lane 1 VPS60 2 Note Dispenser 2 X60 Exit Ticket Swallowing Unit 2 EMV RDR [CICO] chip only 2 EMV Contactless Add -on 5 MP/SW VoIP + Video Intercom 5 MP/SW Prox RDR 1 LED, Open/Full 4 MD Barrier Gate w/ ARM Qty Description Software Solutions 1 TIBA FMS Cloud Subscription 1 TIBA FMS Hotel Connect Subscription 1 TIBA FMS Pay by Phone 1 TIBA FMS Site Controller 1 Tib@PAY CCARD Subscription 1 Local Intercom Server OPTIONAL ITEMS 1 Pay on Foot Station Mlsc & Stock 1 TIBA Data Cable 1 Data Network Cable 12 MP/APS, Receipt Paper 1 UPS, Server >\-/-4 T1BA PARCS EXIT VERIFIER J PAY ON FOOT I LPR MOBILE PAY VALIDATION HOTEL Page 112 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 6 [ Pricing Form] ADVANCED PARKING SYSTEM Solutions offered by TWA are not only on the cutting edge of parking technology but are priced to allow parking asset owners to achieve the latest technology with a rapid return on investment. Parking, Inc. will supply and install the above PARCS solution for: Qty Description Commercial PARCS Upfront Costs TIBA Hardware System Total $ 151,403.00 TIBA System CCARD License $ 3,457.00 System Staging, Y2 Warranty, Testing, Training and Installation $ 24,520.00 Booth Removal $ 1,000.00 Commercial Subscription Fees (reoccurring quarterly) TIBA FMS Cloud Subscription, Single Facility License, Quarterly $ 2,250.00 TIBA FMS EMV Payment Subscription, Quarterly $ 28S.00 PARC System Sub -Total $ 182,915.00 PARC System Delivery $ 3,230.00 Sales Tax (IA} EXEMPT $ 0.00 CITY OF WATERLOO TIBA PARC UPFRONT System Total $ 186,145.00 CTIBA PARKING SYSTEMS / FLEXIBLE CREDIBLE EXIT VERIFIER I PAY ON FOOT I LPR MOBILE PAY I VALIDATION I HOTEL Page 113 of 162 Parking -Inc. Proposal Number: FPS Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 7 [ Pricing Form] ADVANCED PARKING SYSTEM Solutions offered by TIBA are not only on the cutting edge of parking technology but are priced to allow parking asset owners to achieve the latest technology with a rapid return on investment. Parking, Inc. will supply and install the above PARCS solution for: qty Description East PARCS Upfront Costs TIBA Hardware System Total $ 99,295.00 System Staging, Y2 Warranty, Testing, Training and installation $ 14,070.00 Electrical Infrastructure, Estimated $ 5,250.00 East Subscription Fees (reoccurring quarterly) TIBA FMS Cloud Subscription, Add Facility License, Quarterly $ 750.00 PARC System Sub -Total $ 119,365.00 PARC System Delivery $ 1,809.00 Sales Tax {IA) EXEMPT $ 0.00 CITY OF WATERLOO TIBA PARC UPFRONT System Total $ 121,174.00 FAST FLEXIBLE TIB/\ CREDIBLE PARKING SYSTEMS EXIT VERIFIER I PAY ON FOOT I LPR MOBILE PAY I VALIDATION I HOTEL Page 114 of 162 p) Parking -Inc. Proposal Number: FPS, Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 8 [Investment Summary] ADVANCED PARKING SYSTEM System Options: All options are exclusive of applicable sales taxes, infrastructure and delivery charges Qty Description Option 1: TIBA POF Option 1) TIBA POF STATION, ea Location ADD, POF Station Option 2: Add, DV30 Validation Unit 1 ADD, DV30-SA Programmed Price $ 41,175.00 $ 1,700.00 EXIT VERIFIER PAY ON FOOT LPR MOBILE PAY VALIDATION HOTEL Page 115 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 9 [Warranty Options] ADVANCED PARKING SYSTEM Tib@WORKS WORKS WARRANTY OPTIONS: Below is annual pricing for the BASE system proposed Tib@WORKS extended warranty program. This warranty program enrollment period expires thirty (30) days after the warranty period begins. Note software subscription & maintenance costs are mandatory and separate from the Tib@WORKS program costs. TIBA FMS CLOUD pricing is based on a minimum 5 year subscription due quarterly. >V< Tib a@WORKS.Jnclusive YEAR TOTAL ONE $ 0.00 TWO $ 0.00 THREE $ 8,508.00 FOUR $ 8,764.00 FIVE $ 9,026.00 ^C TIBA FMS Quarter TOTAL ONE $ 0.00 TWO $ 3,285.00 THREE $ 3,285.00 FOUR $ 3,285.00 FIVE+ $ 3,285.00 *includes LOCAL, on-slte service and preventative maintenance CONTACTS: Office Phone Email PARKING, INC. 513.314.8400 SERVICE@PARKINGINC.COM FISHER STL 314.449.8686 STLSALES@PARKING-SECURITY.COM FISHER KC 816.630.2730 SALES@PARKING-SECURITY.COM FISHER OMAHA 531.365.4069 Acceptance of Extended Warranty: SIGNATURE For service related items, please call either number listed above or email our service address. All requests for service are immediately send to each company technician. For all other inquires please use one of the sales emails or individual email addresses you are accustomed to using over the course of the project. Please note that for fastest service results contact using the above methods and avoid contacting technicians or personnel directly. Our service structure notifies all technicians to avoid issues not receiving immediate attention. EXIT VERIFIER I PAY ON FOOT ( LPR MOBILE PAY VALIDATION I HOTEL Page 116 of 162 Parking -Inc. Proposal Number: FPS Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 10 [Company Information] ADVANCED PARKING SYSTEM Parking, Inc. was incorporated in 1959 to consolidate and expand the parking operation of Keck Motor Service, first established in Des Moines in 1941. Parking, Inc. has served hundreds of owners, business firms, hospitals, schools, and other institutions in establishing improved parking and access control systems in Iowa and Nebraska. Parking, Inc. has been a leader in the parking industry in Iowa for the past 60 years. Focused on the needs of our customers and providing quality customer service, we offer several parking services in downtown Des Moines and offsite parking at The Des Moines International Airport. Parking Inc has a wide range of parking services, including; PARCS installation and service, airport parking, daily parking, reserved parking, monthly parking, event parking, sweeping, striping, snow removal. Also offered by our company is valet and parking management services including a current inventory of 9,200 parking stalls. Included is management and operations of 16 separate card access systems, multiple revenue tracking systems with service and maintenance of over 100 lanes of equipment. We are the local partner for TIBA Parking in Iowa and based in Des Moines. Company Name: Parking, Inc. Company Overview: See above Years in Business: 60; Parking, Inc was established in 1959 Years in Business w/ TIBA: 6; Parking, Inc began working with TIBA Parking in 2013 Employees: 70 Annual Sales: Excess of $3.8m Key Accounts: The following is a short list of Parking, Inc. supported locations: • EMC Insurance • Nationwide Insurance • Principal insurance • Science Center of Iowa • City of Coralville • Waterloo Regional Airport • Isle of Capri • City of Dubuque • Embassy Suites Omaha • Eychanner Properties • Graham Properties • Hubbell Realty Company Contact: Craig Buscher Parking, Inc. 401 Grand Ave. Des Moines, IA 50309 craig@parking-inc.com 515.314.8400 Key Personnel: Company Overview: William Keck, President Todd Pugh, Vice President Will Hays, Director of Operations Please see above EXIT VERIFIER ( PAY ON FOOT I LPR MOBILE PAY VALIDATION I 1-10111. Page 117 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 11 [Company Information] DVANCED PARKING SYSTEM Parking, Inc. project team: William Keck President Todd Pugh Vice -President Will Hayes Operations Director Craig Buscher Manager EXIT VERIFIER I PAY ON FOOT I Graduated from Cornell College in May 1960 with a BS degree. Entered U.S. Navy in July 1960 and served three years active duty aboard the USS Sumner County (LST 1148). Retired from US Navy Reserve in 1983 as a Commander. Joined Parking, Inc., in December 1963 and was elected President in 1965. In Sept of 2013 directed Parking, Inc. in partnershiop with TIBA as an authorized VAR of their parking systems. Served on the Board of the National Parking Association for ten years Served on the Des Moines School Board from 1981-1987 Served as President of the Downtown Des Moines Kiwanis in 1990-1991 Graduated from Drake University 1987, with a BS degree in Education 24 years with Keck Parking. Started with Keck Parking in April 1995, as Manager of Parking Lot Services Promoted to Vice President in September 1997 and is currently responsible for business development and contract relations Prior work experience included: elernentary teacher with the Des Moines Public School System, Assistant Camp Director at the Des Moines YMCA Camp, Small Business Sales Rep ADT Security Services, Building Grounds Director of The Riverfront YMCA. Todd is an active member of the Des Moines Skywalk Board since 2008 Past Board Member of The Des Moines YMCA Y-Camp Boone Iowa Graduated from Indian Hills Community College in May 2001 with an Associate's in Criminal Justice Employed with Keck Parking Since August 12, 2002 starting as Airport Manager Assistant Director of Operations September 2005 Promoted to Director of Operations September 2011 Oversees daily operations of the company to include the following: HR functions, accounts receivable/accounts payable, payroll and finance. Meets with clients to ensure policy adherence and to solicit feedback regarding services provided and promised by Keck Started working full-time for Keck Parking May 2008 Managed Nationwide Parking Ramp and Davis Brown Tower. Fiscal responsibility demonstrated by consistently maintaining an operational budget under threshold set. Reduced overhead service costs by providing "in house" repair and maintenance on gate system, previously provided by outside vendor Installed new PARCS at Nationwide, Jet Parking and Science Center of Iowa Developed comprehensive Maintenance Program for parking facilities on Des Moines Nationwide campus Manages the service and sales of Tiba equipment effective Fall of 2013. Installations: City of Coralville at Iowa River Landing, Eychner Properties at 300 MLK, The Brandeis in Omaha, NE, The City of Dubuque at Iowa Ramp and 5 Flags, Waterloo Regional Airport, Isle Capri Casino in Bettendorf, IA, etc. LPR MOBILE PAY VALIDATION 1 HOTEL Page 118 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 12 [Company Information] ADVANCED PARKING SYSTEM Parking, Inc. project references; IOWA River Landing City of Coralville, IA Iowa River Landing City of Coralville David Gerdts Phone: (319)530-6822 Email: dgerdts@coralville.org Install: May 2014 10 lanes of revenue equipment TIBA 5 Tiba cashier stations, 5 TIBA ticket dispensers, 3 TIBA PIL accepting cash and credit card, 2 TIBA exit verifier accepting credit cards only, CT 20 master controller, TIBA Hotel Interface and Tib@Pay credit card payment system, all supported with SmartPark Software. This system will process credit cards and validations at the 5 TIBA cashier stations and process them in all exit lanes. Cash is accepted at the 5 TIBA cashier stations and in the 3 TIBA PIL. At all lanes of traffic the customer can use the hotel room key using Mifare technology, to enter or exit the ramp or flat lot. Monthly parkers use a proximity access card system to enter and exit the facilities. EXIT VERIFIER I PAY ON FOOT I LPR I MOBILE PAY I VALIDATION I HOTEL Page 119 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 13 [Company Information] ADVANCED PARKING SYSTEM Parking, Inc. project references: 300 MLK City of Des Moines, IA 300 MLK Eyechaner Properties 300 Martin Luther King Blvd, Des Moines, Iowa 50309 Andy Burton Phone: (515) 262-0000 Email andy@eychanerproperties.com Install: continuing 2015 - 2019 Installed 5 lanes of revenue equipment in 2015, 4 lanes in 2016, 2 lanes in 2018 and 2 lanes are approved to install in 2019. 13 Lanes of revenue equipment 7 entry lanes with TIBA ticket dispensers and 5 TIBA exit verifiers accepting credit card only, TIBA offline validation accounts at all vendors within the 300 MLK complex and Tib@Pay credit card payment system, all are supported with SmartPark Software. This system will process credit cards and validation at all the exit lanes Each entry or exit lane has a HID reader and card system for monthly parking with the ability to grant access to specific lots. EXIT VERIFIER I PAY ON FOOT 1 LPR MOBILE PAY I VALIDATION I HOTEL Page 120 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 14 [Company Information] ADVANCED PARKING SYSTEM Parking, Inc. project references: Waterloo Airport City of Waterloo, IA Waterloo Regional Airport 2790 Livingston lane, Waterloo, Iowa 50703 Keith D Kaspari Phone: (319) 291-4483 Email: keith.kaspari@waterloo-ia.org Install: July 2018 The number of lanes is not as complex as EMC project. I added this reference because of the LPR integration 4 lanes of revenue equipment. 2 TIBA ticket dispensers, 1 -NBA exit verifier and 1 TIBA PIL using HIS full integration LPR system 1 TIBA exit verifier will accept credit card payment and 1 TIBA PIL that will accept credit card payment and cash. All lanes have LPR integrated so when the customer arrives, the customers LPN is placed on the ticket at entry. When the customer leaves, the system will ID the LPN and will calculate the correct fees associated to the LPN. The TIBA LPR system benefits the operation in these ways: • Decrease Fraud Attempts • Create a Blacklist of LPN to automatically trigger system alerts • Various Notifications of Security or VIP This system uses LPR for access control credentials with a HID reader and proximity card as back-up. EXIT VERIFIER ! PAY ON FOOT I LPR MOBILE PAY VALIDATION HOTEL Page 121 of 162 Parking-inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 15 [Company information] ADVANCED PARKIN SYSTEM Fisher Parking Fisher Parking & Security, Inc. and Parking, Inc. have formed a partnership to deliver the highest quality installation and on -going services and support for this project. In excess of 30 years FISHER has excelled in advanced Access, Revenue, Count, Voice and Video systems for the parking industry. Established in 1985 with a strong commitment to customer service with prompt, professional technicians has kept us as the premier supplier of Parking Control Systems in the Midwest. FISHER services advanced parking technology installations throughout Missouri, Kansas & into Nebraska from our headquarters in suburban Kansas City, Missouri & satellite offices in Kansas City, St. Louis & newly formed office in Omaha, NE. FISHER is a financially strong independent corporation with strong strategic industry alliances while boasting an A+ company rating with the Kansas City Better Business Bureau. Company Name: Fisher Parking & Security, Inc. Company Overview: FISFIER is a private company focusing on technology in parking Years in Business: 34; FISHER was established in 1985 Years in Business w/ TIBA: 7; FISHER began working with TIBA Parking in 2012 Employees: 11 Annual Sales: FISHER consistently sells in excess of $2m Key Accounts: The following is a short list of FISHER supported locations: • City of St. Louis • City of Kansas City • City of Topeka ▪ City of Wichita • City of Branson • Unified Government of WYCO • St. Louis County • St. Louis University • CENTENE • Ballpark Village, STL • Kansas City Live! • H&R Block World Headquarters • PNC • Commerce Bank • UMB Bank Company Contact: Jay O'Brien, Vice -President jobrien@parking-security.com FISHER KC FISHER STL 3826 NE Antioch Rd. 100 S 9th St. Kansas City, MO 64117 St. Louis, MO 63105 816.630.2730 314.449.8686 Key Personnel: Janean O'Brien -Johnson, President Eric Alexander, Service Manager Jeffrey Habelitz, IT FISHER OMAHA 12020 Shamrock, #200 Omaha, NE 68154 EXIT VERIFIER I PAY ON FOOT } LPR MOBILE PAY VALIDATION I HOTEL Page 122 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 16 [Company Information] ADVANCED PARKING SYSTEM For over 30 years, TIBA has provided innovative solutions for the parking market, resulting in reliable, user- friendly products that lower the price of initial acquisition and the cost of ongoing maintenance. TIBA has done this through a focus on software development, while continuing to enhance and support its reliable hardware platform. This allows owners to keep the capital investment down while still enjoying the latest software functionality. With extensive global experience, TIBA's robust, scalable architecture enables parking operators to keep pace with the latest trends in centralized operations, automated smart facilities, web reservations and mobile payments. TIBA's flexible software grants parking operators to be loT-connected, leveraging big data to increase revenue. TIBA's agile integrations with third party systems, empowers parking operators to be an integral part of the Smart Cities ecosystem. TIBA serves parking operators and owners globally, across diverse industries such as hotels & hospitality, airports, universities, shopping centers, hospitals & medical centers, and local, state & federal governments. TIBA... superior technology, incredible value. Company Name: TIBA Parking, LLC. Company Overview: TIBA is a private company focusing on technology in parking worldwide Years in Business: 33; FISHER was established In 1986 Employees: 50+ Annual Sales: TIBA consistently exceeds sales expectations Key Accounts: The following is a short list of TIBA clients: • City of Pasadena • City of Greensboro • City of Morgantown • City of Jacksonville ® City of Charleston • City of Santa Cruz e City of Durham • City of Galveston • Caesars e Midway Airport • John Glenn Columbus Airport • Kona Airport • Jacksonville Airport • San Juan Airport • Shreveport Airport Company Contact: Kirk Hillquist, Regional Sales TIBA Parking TIBA LLC 17 Ha-mefalsim St. 2228 Citygate Dr. 7th Floor Columbus, OH 43219 Petah Tikva, Israel, 4951447 Key Personnel: Moshe David, CEO Jon Bowsher, President - North & South America EXIT VERIFIER I PAY ON FOOT I LPR MOBILE PAY VALIDATION I h1h OTl;l. Page 123 of 162 p) Parking -Inc. Proposal Number: Proposal Date: Protect Name: Page Number: ADVANCED PARKING SYSTEM Fisher Parking & Security, Inc. similar projects: FISHER experience. references available for any/all sites upon request: Private Owners: Centene Corp, STL SLU University, STL Commerce Bank, KC UMB Bank, KC Ballpark Village, STL KC Live!, KC InterPark, STL Town Pavilion, KC Service Centers: TIBA PARCS supporting 3 facilities with central management. Currently under construction TIBA PARCS supporting 6 facilities with central management TIBA PARCS supporting 3 facilities with central management TIBA PARCS supporting 3 facilities with central management TIBA PARCS supporting 3 facilities with central management TIBA PARCS supporting 3 facilities with central management TIBA PARCS supporting 4 facilities with PARCS management TIBA PARCS supporting 2 facilities with central management Municipal: City of Kansas City, MO City of St. Louis, MO St. Louis County, MO City of Wichita KS City of Branson, MO Springfield Airport, MO UG of WYCO: FPS 1/30/2020 Waterloo 17 TIBA PARCS supporting 6 facilities with central management and one add'l facility under install TIBA PARCS supporting 7 facilities with central management TIBA PARCS supporting a single facility with central management Supporting City Hall w/ upgrades to TIBA PARCS contract currently under review TIBA PARCS supporting a Hilton Hotel & convention center facility with central management TIBA PARCS w/ EMV will be installed in early Q4 at the Springfield Missouri Airport by FISHER TIBA PARCS supporting 6 facilities with central management Fisher Parking & Security, Inc. currently maintains manufacturer authorized staging and service centers in Kansas City, MO and St. Louis, MO with an additional office in Omaha, NE. Our factory trained technicians have the ability to troubleshoot and repair any possible service item both on -site and remotely in a timely manner and will support Parking, Inc. on this project. EXIT VERIFIER I PAY ON FOOT I LPR I MOBILE PAY I VALIDATION I HOTEL Page 124 of 162 Parking -Inc. Proposal Number: Proposal Date: Project Name: Page Number: FP5 1/3a/2020 Waterloo 18 [Qualifications] ADVANCED PARKING SYSTEM Authorization - Parking, Inc.: August 1, 2019 RE: Parking, Inc. To whom it may concern, Please be advised that Parking, Inc. is an authorized VAR for TIBA Parking Systems in the state of Iowa. Parking, Inc. has a long track record of success as a parking system integrator and their account is in good standing with TIBA Parking Systems. They have attended technical training and comply with all on -going requirements for our dealers. Feel free to contact me with any questions or comments. Sincerely, xGt� .Lt. qietria Kirk L. Hillquist Regional Sales Manager TIBA Parking Systems, LLC. 612.505.9444 Kirk.Hiilquist@tibaparking.com EXIT VERIFIER I PAY ON FOOT I LPR MOBILE PAY VALIDATION I HOTEL Page 125 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 19 [Qualifications] ADVANCED PARKING SYSTEM Authorization - Fisher Parking & Security, Inc.: August 1, 2019 RE: Fisher Parking & Security, Inc. To whom it may concern, Please be advised that Fisher Parking & Security, Inc, is the sole authorized VAR for TIBA Parking Systems in the states of Missouri, Kansas and Nebraska, Fisher Parking & Security, Inc. has a long track record of success as a parking system integrator and their account is in good standing with TIBA Parking Systems. They have attended technical training and comply with all on -going requirements for our dealers. Feel free to contact me with any questions or comments. Sincerely, R'er,61. ' d€ e4e Kirk L. Hillquist Regional Sales Manager TIBA Parking Systems, LLC. 612.505.9444 Kirk,Hillquist@tibaparking.com EXIT VERIFIER I PAY ON FOOT I LPR MOBILE PAY VALIDATION I HOTEL Page 126 of 162 Parking -Inc. Proposal Number: FPS Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 20 [Project Approach] ADVANCED PARKING SYSTEM Protect Approach: Parking Inc. & FISHER has specialized in PARC system design, installation and support for many years. Our project processes are well tested to be smooth, informational and complete. Our project schedules are provided in Gantt chart format, our setup sheets are easy to follow and complete and our training documentation is thorough. Sample Project Documents: TT EMV System: 777 The TIBA pay station displays the parking fee owed. The customer elects to pay by credit card and proceeds to press the station's 'Pay by Credit Card' pushbutton. This triggers the EMV system to take control of the transaction authorization process. Step 1: The EMV system prompts the customer via display to insert the credit card into the chip enabled credit card reader to use the NFC touch reader Step 2: When the EMV transaction is complete the customer will be prompted to remove the credit card from the reader The EMV system then Issues a confirmation that the transaction has been authorized or declined which Is printed on the -MA pay station's receipt printer. Should the payment transaction be authorized, the pay station generates a transaction receipt. Finally, the EMV system releases control back to the TIBA pay station. Note, pay by phone transactions require an account setup with Arrive, fees for that service are negotiated between owners and Arrive separately EXIT VERIFIER I PAY ON FOOT f LPR MOBILE PAY VALIDATION I HOTEL Page 127 of 162 Parking -Inc. Proposal Number: FPS Proposal Date: Project Name: Page Number: 1/30/2020 Waterloo 21 [TIBA Installations] ADVANCED PARKING SYSTEM MIME MEM MUM EOM TIB/•� PARKING SYSTEMS wawa rwor11.1.4. sr.ss�m SCAN HERE PRE -PAID vp ARlC1NG PASS ISM EXIT VERIFIER I PAY ON FOOT I LPR min 1 IOW 4,11111 • VALIDATION 1 HOTEL Page 128 of 162 Parking -Inc. Proposal Number: FP5 Proposal Date: 1/30/2020 Project Name: Waterloo Page Number: 22 [Terms & Conditions] ADVANCED PARKING SYSTEM L AGREEMENT AND LIMITATIONS - The agreement between Seller and Buyer (the "sales contract") with respect to the sale of goods (the "goods") described on the other side hereof shall consist of the terms appearing hereon and on the other side hereof together with any additions or revisions of such terms mutually agreed to in writing and signed by Seller and Buyer. Buyer agrees that by submitting an order to Seiler for goods, Buyer agrees to the terms and conditions set forth herein. Seiler objects to and shall not be bound by any additional or different terms, whether printed or otherwise, in Buyer's purchase order, or in any other communication from Buyer to Seller, unless specifically agreed to In writing and signed by Seller. NO REFERENCE TO BUYER'S PURCHASE ORDER OR OTHER COMMUNICATION FROM BUYER SHALL BE DEEMED TO INCORPORATE BY REFERENCE ANY TERMS APPEARING THEREIN. The sales contract shall be for the benefit of Seller and Buyer and not for the benefit of any other person. Prior courses of dealing, trade usage and verbal agreements not reduced to writing signed by Seller, to the extent they modify, add to, detract from, supplant or explain the sales contract, shall not be binding on Seller. By submitting a purchase order to seller, buyer hereby agrees to terms and conditions set forth herein. 2. PACKING, MARKING, AND SHIPPING a. Ail equipment, systems and supplies shall be properly packed, marked and shipped in accordance with the requirements of the common carrier transporting such supplies, b. Buyer shall be responsible for on -site equipment off-loading and storage prior to installation c. Seller shall route shipments in accordance with the Buyer's Instructions, d. Al] transportation charges paid by the Seller and to which the Seller is entitled to reimbursement shall be added to the Seller's Invoice as a separate item. e. All shipments will be insured by the Seller at values established by Seiler. f. Buyer has the responsibility of all claims due to shipment damage either visible or hidden; damage will be marked and claims made at the time of acceptance by Buyer with the shipping company. 3. PAYMENTS - Buyer agrees to pay according to the terms stated herein and pay interest on past due amounts at a rate of 18% per annum of the highest rate permitted by applicable law. Buyer understands that this obligation to pay interest on delinquent payments does not in any way extend the payment terms set forth herein. In the event Seller incurs legal fees or other costs in attempting to collect past due payments, Buyer agrees to reimburse Seller for such fees 4. TERMS — Terms of sale, unless stated elsewhere shall be strictly followed in accordance with these terms, Project terms are as such: 50% down payment required at time of order, 4056 payment required upon equipment delivery, balance net 20 upon installation completion. Invokes will be sent promptly to Buyer. The Seller agrees to ship all goods FOB manufacturing plant to Buyer's place of business, All orders are received subject to acceptance by Seller and shipment of an order constitutes such acceptance. Unless otherwise agreed in writing. Seller reserves the right to ship goods in a single lot or in several lots. In such event, each shipment will be Invoiced to Buyer and paid for separately. Seller reserves the right to ship products on a COD basis if in Seller's sole opinion it is unwilling to extend standard credit terms, In the event terms are extended and Seller is not paid when due, all overdue payments shall bear interest until paid at eighteen (18%) percent or at the highest rate permitted by applicable law from date payment is due. Annual software costs will automatically invoice every 12 months 30 days prior to the system 'go -live' date. Go live shall be date the system is actively running transactions at customer's site. 5. DEDUCTIONS AND RETURNS. Deductions will not be honored unless covered by a credit memorandum. Goods shipped to the Buyer may be returned to Seiler for credit only upon the Seller's prior written consent (such consent to be in the sole discretion of Seller) and upon terms specified by Seller, including prevailing cancellation and handling charges. Refunds shall not be provided by Seller to Buyer. Buyer assumes all risk of loss for such returned goods until actual receipt thereof by Seller. Agents of Seller are not authorized to accept returned goods or to grant allowances or adjustments with respect to Buyer's account. 6. SUBSCRIPTIONS - Subscription based solutions (hosted or maintenance) are required and shail be invoiced monthly, quarterly or annually. If Buyers initial system purchase Included an annual subscription Seller shall invoke subscription fees as noted in Article 4. If Buyer fails to remit payment Seller reserves the right to suspend system access until any past due amounts are remedied and the Sellers account is in good standing. Monthly and quarterly billing requires a credit card be put on file for autopayments. Minimum 5-year term subscriptions for parking & access control systems are required. 7. WARRANTY - Fisher Parking & Security, Inc. provides no warranty, written or implied, above or beyond manufacturer standard written warranty(ies) unless otherwise noted herein or separately attached. Buyer understands this and in no way holds seller liable for any circumstance not stated in manufacturer's standard software and hardware warranty and is subject to seller's standard service rates. Accepted & Acknowledged By: sisaloste EXIT VERIFIER j PAY ON FOOT l LPR I MOBILE PAY 1 VALIDATION 1 HOTEL Page 129 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Waste Management Clerk Office Reviewer bowman, brian Even, LeAnn ATTACHMENTS: Description ❑ Bid Tab ❑ Recommendation Letter SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action Approved Approved Type Backup Material Backup Material Date 2/12/2020 - 12:13 PM 2/12/2020 - 12:45 PM 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. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve recommendation of award of contract of Woodruff Construction LLC of Waterloo, IA in the amount of 16,587,300 16,587,300 Sewer Funds/SRF Funds Page 130 of 162 2020 Wastewater Treatment Plant Biosolids Modifications Contract No. 994 Bid Tab: January 23, 2020 Base Bid Estimate: Alt. 1 Outdoor Loadout - Alt. 2 Chemical Building - Alt. 3 Primary Sludge - Alt. 4 Boilers - $16,275,000 $ 200,000 $ 1,020,000 $ 360,000 $ 305,000 Bidder Bid Security Total Bid Amount WRH, Inc. Amana, IA 5% Base Bid $18,200,000 Alt. 1 $132,000 Alt. 2 $990,000 Alt. 3 $518,000 Alt. 4 $296,000 Woodruff Construction, LLC Waterloo IA 5% Base Bid $16,587,300 Alt. 1 $199 000 Alt. 2 $840,000 Alt. 3 $374,000 Alt. 4 $266,000 Williams Brothers Construction, Inc. Peoria, IL 5% Base Bid $18,150,000 Alt. 1 $100,000 Alt. 2 $740,000 Alt. 3 $640,000 Alt. 4 $260,000 Page 131 of 162 STRAND AssociATEs, Strand Associates, Inc? 910 West Wingra Drive Madison, WI 53715 (P)608-251-4843 February 13, 2020 Brian Bowman City of Waterloo 3505 Easton Avenue Waterloo, IA 50702 Re: F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications Project City Contract No. 994 City of Waterloo, Iowa Dear Brian, Bids for the above -referenced project were opened on January 23, 2020. Three bids were received with the resulting bid tabulation enclosed. The low bid of $16,587,300 was within 2 percent of the ENGINEER's opinion of probable construction cost. Woodruff Construction, LLC of Waterloo, Iowa, was the apparent low bidder at $16,587,300. The bid included a bid bond for 5 percent and all three addenda were acknowledged. The bid is deemed to be responsive. Strand Associates, Inc.® has not had previous experience with Woodruff Construction, LLC on a wastewater treatment plant improvement project similar in nature to the above -referenced project. If you determine that Woodruff Construction, LLC is a responsible bidder after your evaluation of their qualifications, we recommend proceeding with award of the base bid Contract without acceptance of any bid alternatives. Sincerely, STRAND ASSOCIATES, INC.® Randall A. Senior Associ Enclosure .D., P.E., ENV SP Samuel K. Hocevar RA W:SKH:cam1R 5MAD5Do u3nents5Specilicati ns1Archive120191Waterlao, IA14463.004.994.raw'(1.6) Specification Lettersl(a) Resulting Bid Tabulauon102132020.docx Arizona I Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.cor Page 132 of 162 BID TABULATION SUMMARY Bids Received: Alternative Bid No. 4 0 0 o co 6404 0 0 0 0 0 0 0 rn N Alternative Bid No. 3 0 o 0 o 0 v N. (0 69 0 a 0 a 0 o v co to 0 a 0 a 0 ao t- 0 Ea Alternative Bid No. 2 0 0 0 0 0 0 co bca 0 0 0 0 0 0 t- va 0 0 0 0 0 0 rn va Alternative Bid No. 1 o o O 0 o 60] 0 o o 0 o 0 O 0 O 0 0 M Lump Sum Base Bid $16,587,300.00 0 0 0 0 0 0 in o) wiv $18,200,000.00 Addenda No. 1-No. 3 Acknowled ed u) >- m r co } SI c CO OO P O Bidder - --- - — - _ and Address Woodruff Construction, LLC 1717 Falls Avenue Waterloo, 1A 50701 Williams Brothers Construction, Inc. P.O. Box 1366 Peoria, IL 61654 WRH, Inc. P.O. Box 256 Amana, IA 52203 .II a� a 0. 4463,0045RAW.nnm5R;1MAIDOocumentetSpecificalionsWrchive120195Wateroo, IA4483.004.994.rawt(14) Bid Tabs&Wated00.994.M1.docx Page 133 of 162 § LLI §• to c ya« o � / (k GI;£ 0 ( � S a)§ )/§ tJ$ f_§� )(/ cc0 Lu Bids Received: 01:00 PM, January 23, 2020 CASH ALLOWANCES WRH, Inc. P.O. Box256 Amapa, IA 52203 Total lnduded in Lump Sum Bid k ® § co § oo k / 64 $ 3,750.00 Ci \ 69 / 44 § IA )co ) _ S 1,040.00 0 _ ) _ LO 44 4 $ _ § - 2 - Williams Bros Construction, Inc. P.O. Box 1365 Peoria, IL 61654 Total Inducted in Lump Sum Bid a } 44 a w 44 @ / 69 00. ; 44 » 69 Ldo 7 44 q / 64 8 \ 91 ƒ D , k co 0 k w k 44 co 69 00 69 69 ° \ 44 Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 \\ � 0 - 8 7 69 ) - 9 k 69 , } - 0 k ® 0 k a \ - }§ 8 69 ° / _ $ § _ R a _ 7 _ - / _ / 44 2 44 BIDDER AND ADDRESS § U. b U. ± & t # ! / i (g i/J o _ e , § § § § § { t 6 Concrete Surface Repair —Top of Wall Repairs Section 03 01 30 Concrete Surface Repair —Wall Vertical Surface and Underside of Slab Repairs Section 03 01 30 Concrete Surface Repair —Top of Slab Repairs Section 03 01 30 Masonry Restoration and Cleaning-100% Repointirug Section 04 01 20 Masonry Restoration and Cleaning—<100% Repainting Section 04 01 20 §Q l2 kk Excavation, Backfill, and Grading —Unsuitable Foundation Material for Structures Section 31 23 00 Excavation, Baeldill, and Grading --Unsuitable Foundation Material for Utility Trenches Section 31 23 00 i) ; _ vi . « Page 134 of 162 0 0 0 O 0 (J) 0 O Q o�� m°0 zzo 0 a_ry z 0 �.- -- ~ i-8u_ w 0 w 1- 5 w E-- N O N 1. Bids Received: BASE BID EQUIPMENT ALTERNATIVES Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 Deduct From Base Bid for Alternative Manufacturer Add to Base Bid for Alternative Manufacturer m ( O C 42 Q Sd n Cost of Equipment Included in the Lum Sum Base Bid 0 0o o 00 0 0 FA 00 o 0 in 0 0 0 64 Equipment Base Bid Manufacturer Included in the Lump Sum Base Bid (Circle One) Burnham Automatic Systems OR integrated Prococc Solutions Aid Custom Conveyor Corporation OR JDV Equipment A# Spirac Conveying Technology Kaeser Compressors, tnc. OR Aorzon USA E a) Fire Tube Boilers (Section 23 52 39) SCADA System Supplier (Section 26 09 00) Shaftless Screw Conveyors (Section 41 12 13) Tri-Lobe Positive Displacement Blowers (Section 43 11 33) a 0:i U d 4463.0041RAW:nnmIR:1MADIDocuments\SpecificationsWrchive120191Watedoo, IA44463.004.994.raw1(14) Bid Tabs\Watedoo.994.equip.docx Page 135 of 162 Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 Deduct From Base Bid for Alternative Manufacturer 1111111111111111 Add to Base Bid for Alternative Manufacturer + + + + + + + + + + + + + + + + Alternative Manufacturer Cost of Equipment Included in the Lum Sum Base Bid O O p O O 6 co co 69 0 O O 0 O a I'- 69 O O O 0 O E]l o) fA 0 O O O 0 O v.) 69 O O O O O cfi . 69 0 O O O 0 6 co N 6H O O O O 0 6 0 69 O O O 00 O ER Equipment Base Bid Manufacturer Included in the Lump Sum Base Bid (Circle One) Seepex Ol LL Boerger C D 7. Cp 61 c 0 > 0 7 m CD Ol LL al X N et C U3 Centrisys, Inc. E Ell Progressing Cavity Pumps (Section 43 23 57) Submersible Pumps (Section 43 25 10) Macerators (Section 46 24 13) Polymer Feed Equipment (Section 46 33 33) Chemical Phosphorus Removal Equipment (Section 46 33 42) Submersible Mixers (Section 46 41 23 ) Coarse Bubble Diffusers (Section 46 51 21) Dewatering Centrifuge Equipment (Section 46 76 33) 4463.004\RAW.nnm1R:1MAD1Documents1Specifications' rchive120191Waterioo, IA14463.004.994.raw1(14) Bid Tabs\Watertoo.994.equip.docx Page 136 of 162 Williams Brothers Construction, Inc. P.O. Box 1366 Peoria, IL 61654• • Deduct From Base Bid for Alternative Manufacturer Add to Base Bid • for Alternative Manufacturer + y + y + y + v + v * v + v + v + v + v + v k v . Alternative Manufacturer Cost of Equipment Included in the Lum Sum Base Bid 0 0 o O O 64 0 0 o 0 0) (R o 0 0 0 (0 d4 0 o Q 0 el(.0N 64 o d d 0 64 $80,000.00 0 0 o d 69 Equipment Base Bid Manufacturer Included in the Lump Sum Base Bid (Circle One) Burnham Automatic Systems A# Integrated Prococ& Solution& AR Wunderlich Malec Custom Conveyor Corporation O# .1-1W-E-quiprneat OR Spirac Conveying Technology Kaeser Compressors, Inc. OR Acrzon USA Seepex Y _T LL Boerger E 4) Fire Tube Boilers (Section 23 52 39) SCADA System Supplier (Section 26 09 00) Shaftless Screw Conveyors (Section 41 12 13) Tri-Lobe Positive Displacement Blowers (Section 43 11 33) Progressing Cavity Pumps (Section 43 23 57) Submersible Pumps (Section 43 25 10) Macerators (Section 46 24 13) c0 CD 0 al Li C7 4463.0041RAW:nnm1R:1MADIDocuments\Specifications\Archive120191Watedoo, IA14463.004.994.raw1(14) Bid Tabs \Watedoo.994.equip.docx Page 137 of 162 Williams Brothers Construction, Inc. P.O. Box 1366 Peoria, IL 61654 Deduct From Base Bid for Alternative Manufacturer 1 1 1 1 1 1 1 1 1 1 Add to Base Bid for Alternative Manufacturer + + + + + + + + + + Alternative Manufacturer Cost of Equipment Included in the Lum Sum Base Bid O 0 0 0 O O O N 69 $15,000.00 O 0 0 O O O CO N 64 O O 0 O 0 O O •-' 69, O 10 O 0 O O O IN - ■- 69. Equipment Base Bid Manufacturer Included in the Lump Sum Base Bid (Circle One) VeloDyne OR Blue -White OR Prominent E E N >+ X a) E (0 co Centrisys, Inc. E a) Polymer Feed Equipment (Section 46 33 33) Chemical Phosphorus Removal Equipment (Section 46 33 42) Submersible Mixers (Section 46 41 23 ) Coarse Bubble Diffusers (Section 46 51 21) Dewatering Centrifuge Equipment (Section 46 76 33) ± — - Y 4463.0045RAWnamIR:SMADIDocumentslSpecifications�Archive.2019\Waterloo, fA43463.004.994.raw1(14) Bid Tabs\Waterloo.994.equip.docx Page 138 of 162 WRH, Inc. P.O. Box 256 Amana, IA 52203 Deduct From Base Bid for Alternative Manufacturer I I I I 1 Add to Base Bid for Alternative Manufacturer Alternative Manufacturer Cost of Equipment Included in the Lum Sum Base Bid O o O O o co 6) CA O o O O O t- W CO O O O O O 6 O 40 O O O O O IN CO Q O O O O Ilio a) O O O O co O O p Q in a O Equipment Base Bid Manufacturer Included in the Lump Sum Base Bid (Circle One) Bumham Automatic Systems OR Integrated Prococo Solutions Oft Custer -Convey Corporation• JDV Equipment OR Spirac Conveying Technology Kaeser Compressors, Inc. OR Aorzen USA Seepex .-. O) _T Boerger E Fire Tube Boilers (Section 23 52 39) SCADA System Supplier (Section 26 09 00) Shaftless Screw Conveyors (Section 41 12 13) Tri-Lobe Positive Displacement Blowers (Section 43 11 33) Progressing Cavity Pumps (Section 43 23 57) Submersible Pumps (Section 43 25 10) Macerators (Section 46 24 13) m U O w LL 0 4463.0041RAV1F.nnm1R:1MAD1Documents1SpeciricationslArchive12019\Waterloo, IA\4463.004.994.raw1(14) Bid Tabs\Watertoo.994.equip.docx Page 139 of 162 WRH, Inc. P.O. Box 256 Amana, IA 52203 Deduct F-om Base Bid for Alternative Manufacturer II II 1 Add to Base Bid for Alternative Manufacturer + v + `/ + tii + 4i + ....../ + -.....i + v + v + v + v Alternative Manufacturer Cost of Equipment Included in the Lum Sum Base Bid $150, 000.00 $20,000.00 O 0 O 0 0 N (0 N 69 0 0 Q O O O 0 E4 00'000`0017` L$ Equipment Base Bid Manufacturer Included in the Lump Sum Base Bid (Circle One) VeloDyne OR UGSI Chemical Feed, Inc. Blue -White 014 Prominent Ui 11 Sanitaire-Xylem Centrisys, Inc. E Q1 Y Polymer Feed Equipment (Section 46 33 33) Chemical Phosphorus Removal Equipment (Section 46 33 42) Submersible Mixers (Section 46 41 23 ) Coarse Bubble Diffusers (Section 46 51 21) Dewatering Centrifuge Equipment (Section 46 76 33) ± _• n, Y 4463.004lRAW:nnm1R:1MAD1Documents1SpeciificationsWrchive120191Watedoo, IA14463.004.994.raw1(14) Bid Tabs \Waterloo,944.equip.docx Page 140 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/12/2020 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 2/12/2020 - 2:31 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: 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. Submitted By: Sandie Greco, Traffic Operations Director Approve Resolution Frerich's Construction requested parking allowed on the southeast side of S. Hackett during construction of a building and parking lot. Fire and Police have been notified of the pending resolution. Employees will not be allowed to park on the curve of S. Hackett. Strategy 2.2: Enlist all City departments and staff members in efforts to promote safer community. Page 141 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 2/13/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/13/2020 - 4:59 PM Clerk Office Felchle, Kelley Approved 2/13/2020 - 5:07 PM SUBJECT: 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. Submitted by: Submitted By: Matt Schindel, Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office Source of Funds: TIF Page 142 of 162 CITY OF WATERLOO Council Communication An Ordinance amending the City of Waterloo Traffic Code by adding Subsection (157a) Grindstone Circle, east side between Darby Drive and Mourning Dove Drive, to Section 551, Parking Prohibited At All Times On Certain Streets. City Council Meeting: 2/17/2020 Prepared: 2/10/2020 REVIEWERS: Department Reviewer Action Traffic Operations Even, LeAnn Approved ATTACHMENTS: Description Type ❑ Grindstone Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Background Information: Date 2/12/2020 - 12:35 PM Motion to receive, file, consider and pass for the first time, 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director Adopt Ordinance Concerned citizens, sanitation and snow plow operators have stated their safety concerns regarding vehicles parking on both sides of Grindstone Circle. After further review of the area during morning and evening hours, the recommendation is to adopt an ordinance prohibiting parking on the east side of the street. Strategy 2.2: Enlist all City department and staff members in efforts to promote safer community. This area is expanding and developing new streets. Other streets in the vicinity have no parking on one side because of safety reasons. Page 143 of 162 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (157a) GRINDSTONE CIRCLE, EAST SIDE BETWEEN DARBY DRIVE AND MOURNING DOVE DRIVE, TO SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (157a) Grindstone Circle is hereby added to Section 551 Parking Prohibited at All Times on Certain Streets, of the 2008 Traffic Code, as follows: (157a) Grindstone Circle East Side between Darby Drive and Mourning Dove Drive. PASSED AND ADOPTED by the City Council this 17th day of February, 2020, and approved by the Mayor this 17th day of February, 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 144 of 162 CITY OF WATERLOO Council Communication 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. City Council Meeting: 2/17/2020 Prepared: 1/30/2019 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Felchle, Kelley ATTACHMENTS: Description ❑ January 7, 2020 Staff Report ❑ Landscaping Plan ❑ Site Pictures ❑ Aerial Map ❑ Application ❑ Legal Description SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 1/30/2020 - 1:17 PM 1/30/2020 - 3:15 PM Motion to receive, file, consider, and pass for the third time and adopt 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. Submitted By: Noel Anderson, Community Planning and Development Director Approval, subject to the implementation of the landscaping plan. The applicant was issued a permit for exterior remodeling of an existing convenience store that caught fire. The applicant has completed the project unaware that exterior changes in the "S-1" Shopping Center District requires review and recommendation by the Planning and Zoning Commission and approval by the Waterloo City Council. It is the intent of the "S-1" Shopping District that the basic principles of good land use planning be maintained and that sound zoning standards as set forth in this Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. Staff is aware that the applicant was issued a building permit to complete the exterior changes, however such changes are a significant change requiring the Major Site Plan Amendment approval process. There is an existing mini - Page 145 of 162 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: storage facility to the east of the property in question that is sided with similar vertical metal siding, but this building is tucked away behind the building in question. The change in the exterior siding of the building would appear to be out of character with the commercial and residential developments in the area, and would not appear to be an appropriate exterior siding material in this location. At the November 5, 2019 meeting of the Planning and Zoning Commission the request was recommended for denial on a 3-2 vote. Staff worked with the applicant on a landscaping plan that would improve the aesthetics of the property. The agreed to plant 5 new trees with two of them being planted in fall of 2020 and the remainder being planted by fall of 2021. Staff then recommended that the request go back to the Planning commission on January 7, 2019 where the request was unanimously recommended for approval. None N/A Land use and economic development. AUD FRANCIS WEST SIDE PLAT PART LOT 49 DESC AS FOL: BEG AT PT 410.06 FT N AND 30 FT E OF SW COR SAID LOT 49 TH N 88 DEG 58 MIN 50 SEC E DIST OF 115.51 FT TH N 01 DEG 01 MIN W DIST OF 218.55 FT TO SLY ROW LINE SUMMIT AVE TH S 89 DEG 46 MIN 21 SEC W ALONG SAID SLY ROW LINE DIST OF 8.65 FT TO SELY ROW LINE US 63 TH S 49 DEG 52 MIN 06 SEC W ALONG SAID SELY ROW LINE DIST OF 137.73 FT TO A PT 30 FT NORM DIST E FROM W LINE SAID LOT 49 TH S O1 DEG 01 MIN 10 SEC E ALONG ELY ROW LINE FLETCHER AVE DIST OF 131.79 FT TO POB AKA PARCEL A AND B IN SURVEY B 319 P 718 Page 146 of 162 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN SPACES/SCHOOLS: January 7, 2019 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. New Star, 315 Fletcher Avenue, Waterloo, Iowa 50701. The applicant is proposing the Site Plan Amendment to the "S-1" Shopping Center District to legalize exterior improvements made to an existing convenience store located at the southeast corner of HWY 63 and Fletcher Avenue intersection. The request could have a negative impact on the area, as the store was resided with vertical metal siding which is not very compatible with surrounding development. However, the applicant has agreed to a landscaping plan to help soften the view of the building. There is no sidewalk along the east side of Fletcher Avenue from 3rd Street to Sergeant Road. As a part of the development of the Kwik Star at 324 Fletcher sidewalk was installed along the west side of Fletcher Avenue. The request would not appear to have a negative effect on vehicular or pedestrian traffic in the area. The Sergeant Road Trail is located just to the west, on the west side of US Highway 63. The property in question is zoned "S-1" Shopping Center Commercial District, and has been zoned as such since adoption of the Zoning Ordinance in 1969. Surrounding uses and zoning include: North/West — US Highway 63 and Black Hawk Creek/Hope Martin Park, zoned "A-1" Agricultural South/Southwest — Commercial development including Express Lube, The wedge Bar, Merry Maids, former Board of Realtors, Kwik Star, etc., Zoned "S-1" Shopping District. East — Mini Storage facility zoned "S-1" Shopping Center The building on the property was constructed in 1994. Surrounding developments were developed from the 1960's through recent years. Screening is not a requirement with this request however, the applicant has agreed to a landscaping plan to help soften the appearance of the vertical metal siding if approved. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301 F. Black Hawk Creek with Hope Martin Park and the Leonard Katoski Greenbelt is located just to the north/west across US Highway 63. 11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District Page 1 of 3 Page 147 of 162 January 7, 2019 Summit Softball Complex is located '/4 mile to the northeast. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The site is served by existing utilities, and no changes are proposed as part of the request. The Future Land Use Map designates the area as commercial. The site is located within the Primary Growth Area, and with the utilities already in place; this is defined as a Smart Growth development site. The applicant was issued a permit for exterior remodeling of an existing convenience store that caught fire. The applicant has completed the project unaware that exterior changes in the "S-1" Shopping Center District requires review and recommendation by the Planning and Zoning Commission and approval by the Waterloo City Council. It is the intent of the "S-1" Shopping District that the basic principles of good land use planning be maintained and that sound zoning standards as set forth in this Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. Many matters relating to the shopping centers design, its potential for success or failure and its effect upon surrounding neighborhoods must be considered by the Council and Commission in order to reasonably be assured that the area will not eventually become blighted. The City Planning, Programming, and Zoning Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan and with recognized principles of civic design, land use planning, and landscaping architecture. Any proposed change in the shopping center plan after approval by the Council, shall be resubmitted and considered in the same manner as the original proposal. If the staff determines that the magnitude of any such a change is significant in nature or could become significant in nature, the site plan shall be referred to the City Council who may hold a public hearing if deemed necessary change shall be deemed major and the change shall be resubmitted and considered in the same manner as the original site plan. In determining if a change is significant in nature the Planning and Zoning staff shall consider, among other things, the overall design of the proposed change and its compatibility to the existing development and surrounding development, as well as impact on the neighborhood due to changes in parking, traffic, etc. or changes in visibility or aesthetics from the public roads or adjoining properties caused by the proposed change. Staff is aware that the applicant was issued a building permit to complete the exterior changes, however such changes are a significant change requiring the Major Site Plan Amendment approval process. There is an existing mini -storage facility to the east of the property in question that is sided with similar vertical 11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District Page 2 of 3 Page 148 of 162 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: January 7, 2019 metal siding, but this building is tucked away behind the building in question. The change in the exterior siding of the building would appear to be out of character with the commercial and residential developments in the area, and would not appear to be an appropriate exterior siding material in this location. At the November 5, 2019 meeting of the Planning and Zoning Commission the request was recommended for denial on a 3-2 vote. Staff has since been working with the applicant on a landscaping plan that would improve the aesthetics of the property. The applicant has agreed to plant 5 new trees with two of them being planted in fall of 2020 and the remainder being planted by fall of 2021. The proposed plantings will soften the appearance of the building. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the 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 approved for the following reasons: 1. The change in the exterior siding of the building would appear to be out of character with the commercial and residential developments in the area, but it is recognized that the applicant obtained a building permit for the work that has already been completed, and requiring a change in siding would cause a significant hardship for the applicant. 2. The applicant has agreed to a landscaping plan that will help soften the appearance of the vertical metal siding on the building. And subject to the following condition: 1. That landscaping be placed at the site to help "soften" the appearance of the vertical metal siding per the attached landscaping plan. 11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District Page 3 of 3 Page 149 of 162 4r, Jv :1'41.(Wr'61:91\1_ " - - -v e No, .i--exiNoo ‘izto)( (orMn kz1/4\1(txx okkA.k, vkk ktfiVkV Ct V,E6toktt.‘r tAivA , . Page 50 of-f6 " ke!! 1 9t, [---- -.4,-.„7 - -- -- — - .1-- \ ILe , _ ___ . . dAl 0e91)14. 1 l'..e_ViAlk k-r..) taiz. pkitid kii AA o 1- a o 64L 1 Spfac..e.(Litm6ft 1)014hetkrt.V COY-MAI cj) k P12.'"....A -A--,---••----F...v, ,,!- -..., .",., ''zi.. ',',' 1. r,.,.2,.. 1.. -- - .. ',.., ,S 0.. r t .,.- •-':- • ..._:-....._._ :....:.:..._.tL).4. , _.,',.!;„,._..,t ..._ ._,,-4,1vg...... . ..-- . •t;.-.•;•C, (3,.:.. /a 4]..- ':'::43.:',1-,,,7F[ ,.. •:••• •' ,17.....,-..:1, Pictures of New Star Store Looking at the south and east side of the building and sign saying Liquor that the applicant was told not to install. Looking northwest from the south side of the building toward the intersection of Fletcher Avenue and Sergeant Road/US 63. Looking northeast at the storage center that Looking northeast from the southwest is located directly behind the building of the corner of the building at new siding and sign applicant. that says Liquor. Page 151 of 162 Looking northeast from Kwik Star. Looking north from toward the building in question. r f NEW ST.tJL LIQUOR TOBACCO A VAPE SHOP Looking at the existing pole sign at the corner of Fletcher Avenue and US Highway 63. Looking from the intersection of US Highway 63 and Fletcher Ave toward the building in question. Page 152 of 162 Looking from Fletcher Avenue to the front of the building. Looking southeast toward the auto service and office building in the background. Looking at the office building. Looking from the office building toward the building in question. Page 153 of 162 The auto service building. Looking south along Fletcher. Looking toward the Kwik Star. Looking to the building south of the auto repair building. Page 154 of 162 Looking at the front of the building at 341- 345 Fletcher Avenue. South wall of building looking toward storage facility behind. Page 155 of 162 City of Waterloo Planning, Programming and Zoning Commission January 7, 2020 Hope Martin Park Kwik Star REBER AVE — 315 Fletcher REBER AVE SUMMIT AVE REBER AVE 315 Fletcher Avenue „1.1 ' Air r\r Site Plan Amendment S� erl00 \o New Star Page 156 of 162 APPLICATION SITE PLAN AMENDMNET TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment 7k Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): NiE.$74 Address:3/c Fiff_T4+L'2 APE: Phone:3/9-, 23A Fax: City: /� 47 •i2�oo State:.,/j/). Zip: 4) 70/ b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): ri¢i 9- Fr9- 6.L( i Address:4 /// 7 i,11 _19 A) 6. Phone: , 3/gr iia5-7 1. Fax: City: cip,4(T [“. State:.. w13 Zip: 936/3 2. PROPERTY INFORMATION: a. General location of site plan to be amended: ,3�� �L f C,44 /¢ Guff7E,aoq & L) # 70 / b. Legal description of property or portion to be amended: G /4f c -D c. Dimensions of proposed site plan amendment: ( 0'. 3 5` d. Area of proposed site plan amendment: c9 - ct -7t A-z-A e. Current zoning: S ./.. f. Reason(s) for site plan amendment and proposed use(s) of property:// b, (A i /0 Cr) /i C ' 6 A,L-t. 0 l2 j2bi," g• Conditions (if any) agreed to (does not affect existing conditions unless specified): �%/- 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 site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. 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 Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the prope;F P uestion in regards to the request. I Vds/20ly Signature of ; pplicant Date Signature of Owner Date Page 157 of 162 AUD FRANCIS WEST SIDE PLAT PART LOT 49 DESC AS FOL: BEG AT PT 410.06 FT N AND 30 FT E OF SW COR SAID LOT 49 TH N 88 DEG 58 MIN 50 SEC E DIST OF 115.51 FT TH N 01 DEG 01 MIN W DIST OF 218.55 FT TO SLY ROW LINE SUMMIT AVE TH S 89 DEG 46 MIN 21 SEC W ALONG SAID SLY ROW LINE DIST OF 8.65 FT TO SELY ROW LINE US 63 TH S 49 DEG 52 MIN 06 SEC W ALONG SAID SELY ROW LINE DIST OF 137.73 FT TO A PT 30 FT NORM DIST E FROM W LINE SAID LOT 49 TH S 01 DEG 01 MIN 10 SEC E ALONG ELY ROW LINE FLETCHER AVE DIST OF 131.79 FT TO POB AKA PARCEL A AND B IN SURVEY B 319 P 718 Page 158 of 162 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: 2/17/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 2/12/2020 - 3:27 PM Submitted by: Submitted By: Page 159 of 162 CITY OF WATERLOO Council Communication Complete Streets minutes of November 19, 2019. City Council Meeting: 2/17/2020 Prepared: 2/11/2020 REVIEWERS: Department Reviewer Action Planning & Zoning Higby, Nancy Approved ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Complete Streets minutes of November 19. 2019. Submitted by: Submitted By: Date 2/12/2020 - 12:52 PM Page 160 of 162 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting November 19, 2019 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm October 15, 2019 by Chairperson Cass in the Mollenhoff Room, City Hall, 7:15 Mulberry Street. Roll Call: Members present were: Felicia Cass, Will Frost, Brian Schoon, Paul Huting, Pat Morrissey, Aric Schroeder, Wayne Castle, Code Leseman, Jessica Rucker, and Kevin Blanshan. Members absent were: Ray Feuss, Dan Trelka, Janet Buls, Mohammad Elahi, Jeff Bales, Abraham Funchess, and Greg Young. Also present: John Dornoff — Planning and Zoning Staff. It was moved by Schroeder, seconded by Schoon to approve the minutes of the October 15, 2019 meeting. Motion carried unanimously. Sidewalk Scores • Castle said that there was several streets with possible sidewalk infill projects with the 2020 Street Recon and Overlay project including Flammang which would cost only $3000 as it is only a short project but will fill a busy gap. • The total for all projects that were scored is a $162,000 which the commission currently has $70,000 budgeted from previous CIP requests. The top 3 projects which include Ridgeway, Bethel (Ridgeway Connection), and Oleson Road. • Installing sidewalks on the streets that are being reconstructed or overlaid would cost $70,000. • Huting asked if it would be cheaper to do the sidewalks during a recon or overlay project to which Castle said it would. • Cass suggested the committee recommend the school projects be done and request money for the recon projects. • Morrissey suggested it would be easier to get the school projects passed through the City Council because it would be for children. • Leseman stated that the school projects should be the biggest priority for the committee. • Discussion of the CIP process and City Council involvement in the process. • Discussion then turned to the fact that the first $20,000 allocated to the Complete Streets Committee has been sitting there for a couple of years and at some point the money would be reallocated to other projects or departments if not used. • Leseman stated that adding sidewalks is not all there is to complete streets to which Schroeder responded that many types of other complete streets projects are going to be more expensive, but agreed there is more than sidewalks, but sidewalks tend to be what the Committee has focused on in the past, particularly based on the likelihood for funding. It was moved by Leseman, seconded by Huting to recommend the school oriented projects be clone with existing CIP money and for a CIP request for the remaining projects. Motion carried 8-2 with Castle and Blanshan opposed. Blanshan noted he voted no based on recommending projects for approval from a scoring system that has not yet been approved by Council. Castle noted he voted no because he felt the street recon projects should be funded with the current funding, and the schools related projects requested for the additional CIP funding. Page 161 of 162 Complete Streets Advisory Committee November 19, 2019 Sidewalk Infi11 Policy • The sidewalk infill policy covers gaps of less than 650 feet. • Discussion on the City Council seeing and approving the policy and if the City Council approves policies to which Schroeder responded that it depends on the subject. Some policies are approved by Council and others do not. • Morrissey said he would schedule a work session in January. • Discussion on next steps including creating a large project policy which will tie into the with the pedestrian master plan. It was moved by Morrissey, seconded by Huting to approve the sidewalk infill policy and forward it to the City Engineer and Community Planning and Development Director for consideration. Motion passed unanimously. Planning and Zoning Commission • Schroeder went over the Planning and Zoning Commission agenda which included 3 items two of them minor vacates and the other a site plan amendment for a hangar at the airport. • Discussion on the Subdivision Ordinance which dates from 1978 which needs to be updated and does not specifically require sidewalks in all instances and leaves it up to the Commission and Council. Example used was Village West Commercial development that including no sidewalks on its Ridgeway Avenue frontage but does include sidewalks on Provisional Parkway. Bus Shelter Update • City dropped the contract with the previous bus stop bench company. • Of the bus pads that have been installed, 10 pads will accommodate a shelter. • As a short-term solution the city recycled the cement bases from older bus benches to create new ones. It is still to be determined what the long term replacement benches will be. • MET bus routes should be revised on July 1st • Committee will come back to this in the summer Other Discussion • Highway 63 is open, but related projects still need to be completed including an access pathway to the tunnel under the road, interpretive signs and the trail between Parker and Newell. • INRCOG does have funding for aesthetics available. • Contract for design work on the 11th Street and Park Avenue bridges has been signed. Adjournment Cass adjourned the meeting at 3:22p.m. Respectfully submitted, John Domoff Planner I 2 Page 162 of 162