The URL can be used to link to this page

Home My WebLink About08/01/20111. FINANCE COMMITTEE August 1, 2011 5:00 p.m. Council Chambers Roll Ca11: Members: Chairperson Carolyn Cole Steve Schmitt Quentin Hart Approval of Agenda, as proposed. Approval of Minutes of July 25, 2011 NEW BUSINESS Pre Authorizations to Expend over $1,000.00 Dept. AmountEst. Expenditure Central Garage $3,204.00 Purchase A/C Recovery and Recharge unit Fire Rescue $3,280.00 + $75.00 Purchase 4 GTT Opticom 792H Emitters Leisure Services $1,996.00 Purchase 4 player benches for dugouts Leisure Services $10,000.00 Purchase framing materials for the Public Market build out phase Leisure Services $15,000.00 Purchase plumbing and electrical materials for the Public Market build out phase Leisure Services $11,542.00 Purchase Smithco Tournament Ultra Roller Leisure Services $19,900.00 Pay for water blasting and painting of Gates Park Waterslide and zero depth water features; clean and paint diving board structures Mayor $2,500.00 Pay for fiscal 2012 Cedar Valley Coalition Dues Police $1,180.32 Purchase Software Assurance for Windows Server Operating System Waste Management Services $11,395.58 + $300.00 Pay for pump repair Waste Management Services $2,695.00 + $138.00 Purchase Moyno pump parts Waste Management Services $3,048.00 + $175.00 Purchase 4 — 3yd rear loader dumpsters Waste Management Services $2,057.00 Pay for replacement filter belts 2. Approval of contract with HR Green in the amount of $7,500.00 to perform necessary environmental work in the acquisition of Forge Industries property generally located near Black Hawk and 18th Streets —Submitted by Noel Anderson, Community Planning & Development Director. BILLS PAYMENT ADJOURNMENT Suzy Schares City Clerk FINANCE COMMITTEE July 25, 2011 5:00 p.m. Council Chambers Members present: Cole, Schmitt, Hart. Moved by Hart, seconded by Schmitt that the Agenda, as amended, be approved. Ayes: Three. Motion carried. Moved by Hart, seconded by Schmitt that the Minutes of July 18, 2011, as proposed, be approved. Ayes: Three. Motion carried. Moved by Schmitt, seconded by Hart that the request for the following travel requests, be approved. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Captain Pillack; Investigator Saunders; Planner/Analyst Wilson MOCIC Conference Fargo, North Dakota August 22- 26, 2011 $2,498.64 11 Law Enforcement Officers MOCIC Conference Fargo, North Dakota August 22- 25, 2011 $6,752.68 Investigator Galbraith; Officer Rulapaugh Middle Eastern: Crime, Culture & Community Johnston, Iowa August 16- 18, 2011 $230.00 Eric Thorson, City Engineer APWA Iowa Chapter Fort Dodge, Iowa August 24- 26, 2011 $345.00 Investigator Saunders; Lieutenant Cirksena 2011 International Outlaw Motorcycle Gang Investigators St. Louis, Missouri September 10-16, 2011 $3,067.00 Abraham Funchess, Human Rights Director; Rebecca Johnson, Human Rights Specialist; Robin Means, Fair Housing Coordinator FHAP/FHIP Training Conference Kansas City, Missouri August 15- 18, 2011 $1,995.91 Officer Pohl ICAC Digital Forensic Essentials Training Ankeny, Iowa July 31- August 5, 2011 $585.00 Ms. Cole noted that some of the Police Department training is grant reimbursable. Ayes: Three. Motion carried. Moved by Schmitt, seconded by Hart that garbage refund in the amount of $53.56 for Kim Dettmer of 406 Lindale Avenue —Submitted by Suzy Schares, City Clerk, be approved. Ayes: Three. Motion carried. Moved by Hart, seconded by Schmitt that the request for the following pre -authorizations to expend over $1,000.00, be approved. Pre -Authorizations to Expend over $1,000.00 Dept. Amount + Est. S/H Expenditure Building/Maintenance $13,390.00 Pay to remodel counter at public library Finance Committee July 25, 2011 Page 2 Central Garage $1,244.72 Pay to replace A/C unit for parts room Fire Rescue $13,500.00 + $600.00 Purchase Key Secure System Fire Rescue $5,440.00 Purchase 400 smoke detectors Fire Rescue $5,500.00 Purchase consumables for classes held on site at the Training Center Leisure Services $4,600.00 Pay for limestone engraved sign for Lafayette Park, labor and material Leisure Services $2,796.00 Pay for Phase 2 of Black Hawks locker room/restroom/shower room painting project Leisure Services $2,000.00 Purchase meals from Ramada Inn/Five Sullivan Brothers Convention Center for 2011 USTA Missouri Valley Section Senior Tennis Championships Leisure Services $3,668.00 Pay for dram/shop liquor liability insurance 9/7/11 to 9/6/12 for the Young Arena to serve beer and wine coolers, includes Sunday Sales Leisure Services $6,500.00 Purchase electrical material for Expo Plaza Police $1,945.00 + $25.00 Purchase 50 - 15 foot Taser Air Training cartridges and 50 - 21 foot Taser Air Training Cartridges non-conductive Police $15,557.50 Pay for renewal of annual maintenance agreement for SheildWare system, to include mobile computer systems in patrol vehicles Street $1,581.83 Purchase cleaning solvent for road oiler Traffic Operations $1,580.00 Purchase FXM 2000 battery back-up system including a cable kit Traffic Operations $1,525.00 + $75.00 Purchase 4 — 500 foot spools of traffic signal wire Traffic Operations $1,650.00 Pay to reshape speed hump on Russell Road Traffic Operations $3,320.00 + $50.00 M50 Series Controller Waste Management Services $17,003.22 + $300.00 Pay to repair satellite wetwell pump Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that Fire Department Project Budget for Kiwanis Club Air Show at a cost of $7,000.00—Submitted by Pat Treloar, Chief of Fire Services, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that project budget for Northeast Iowa Response Group at a cost of $10,000.00—Submitted by Pat Treloar, Chief of Fire Services, be approved. Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that Bills Payment, as contained in Schedule AP642, dated July 25, 2011, pp. 1-63 in the amount of $3,812,842.65, be received, placed on file and approved and forwarded to the full council for approval. Ayes: Three. Motion carried. With no further business before the committee, it was moved by Hart, seconded by Schmitt that the meeting be adjourned at 5:07 p.m. Ayes: Three. Motion carried. Suzy Schares City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Committee Communication Finance Committee Meeting: August 1, 2011 Prepared: July 29, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 2 SUBJECT: Request for approval for environmental work for acquisition of property — Forge Industries Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: We ask that the Finance Committee approve the approval of a contract for an environmental consultant to do necessary environmental work. Summary Statement: As you may recall, the City Council has approved the acquisition of the Forge property — which is being donated to the City of Waterloo for $1.00. In our due diligence portion of the acquisition contract we are approved to perform up to $5,000 in closing costs including environmental work. HR Green has performed the Phase I work for $3,200, but due to the past industrial nature of this area: "The Phase I noted upgradient auto maintenance and auto body facilities. Bad house- keeping of liquids was noted on at least one of them. Additionally, the site itself has both been used for historic and more recent dumping." A Phase II is required for the acquisition of the property. HR Green will have a drilling team in town next week for other sites, so we are able to perform the necessary Phase II steps for $5,500. Expenditure Required: $5,500 Source of Funds: bonds and TIF cash Policy Issue: Acquisition of Property Alternative: NA CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer HR Green Simple_Scope°;Short FormAgreement Project: Forge Industries, Inc. Property Phase II Environmental Site Assessment Client: Contact: Title: Address: City/State/Zip: Project No.: 10110105 Date: 07/26/2011 City of Waterloo Noel Anderson Community Planning and Development Director 715 Mulberry Street Waterloo, Iowa 50703 The CLIENT agrees to employ HR Green (COMPANY) to perform the following services: Limited Phase II Environmental Site Assessment at the Forge Industries, Inc. property Described as ORIGNAL PLAT WATERLOO WEST NW 40 FT LOT 4 BLK 14 SE 10 FT LOT 5 BLK 14. The property is further described as PIN# 8913-25-405-004. The Limited Phase II ESA will consist of two -to -three borings with a lab analysis and report. The CLIENT agrees to pay COMPANY for the above scope of services: Time & Material, Not to Exceed in the amount of $5,500. ® Reimbursable Expenses Included ® Subconsultant Services Included ❑ Prepayment Required for Work to Commence Copy To: ® Accounting Short Form Agreement Forge Industries, Inc. Phase 1I ESA July 26, 2011 Page 2 of 3 Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attomey fees, to the party justly entitled thereto. In awarding attomey fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. All project documents including, but not limited to, plans and specifications fumished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENTs sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attomey's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENTs use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from of its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attomey's fees arising out of the modification or reuse of these materials. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENTs Agreement with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY's consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors, partners, employees, shareholders, owners and subconsuttants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $ 10,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Short Form Agreement Forge Industries, Inc. Phase II ESA July 26, 2011 Page 3 of 3 Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attomey's fees. This agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the agreement. Work will not begin until COMPANY receives a signed agreement. The effective date of the agreement shall be the last date entered below. City of Waterloo HR GREEN Accepted by: Project Manager: Printed/ Printed/ Typed Name: Typed Name: Title: Date: Date: Robin Husman July 28, 2011 HRGreen PROFESSIONAL SERVICES AGREEMENT For Vacant Forge Parcel — West of Paper West 17th Street (Parcel No. 891325-405-004) Waterloo, Iowa Phase I Environmental Site Assessment Mr. Noel Anderson City of Waterloo 715 Mulberry Street Waterloo IA 50703 Phone: 319-291-4366 Robin Husman, Project Director HR Green 8710 Earhart Lane SW Cedar Rapids, IA 52404 HR Green Project Number: June 16, 2011 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 1 of 8 THIS AGREEMENT is between the City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1..o Project Understanding 1.1 General Understanding The City of Waterloo is working with the existing property owner to accept donation of a vacant parcel (Parcel No. 891325-405-004), Waterloo, Iowa. 1.2 Design Criteria/Assumptions HR Green assumes that the CLIENT will have legal access to enter the property under the Real Estate Sales Contract between the CLIENT and property owner of Parcel No. 891325-405-004, Waterloo, Iowa. 2.o Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Complete a Phase I Environmental Site Assessment (ESA) in accordance with ASTM Standard E1527-05 on a vacant property, Parcel No. 891325-405-004, Waterloo, Iowa. Deliverables and Schedules Included in this Contract Once this AGREEMENT is authorized, the COMPANY can proceed with the Phase I ESA upon notification by the CLIENT that site access is available. From notification, the Phase I ESA report will be completed within 30 days. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 3.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: This AGREEMENT does not include multiple revisions of our Phase I ESA report following CLIENT review, the preparation of a historical site inventory, or an asbestos survey. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 4.0 Services by Others The COMPANY utilizes companies which specialize in regulator and historical data searches. Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 2 of 8 s.o Client Responsibilities CLIENT will provide documentation of legal site access to the subject property which allows the COMPANY to enter the property of the purpose of conductive project activities. 6.0 Professional Services Fee 6.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 6.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 6.3 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. 6.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. 6.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Hourly rates with a maximum not -to -exceed sum in the amount of $3,200.00 7.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 3 of 8 7.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 7.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 7.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 7.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 7.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 7.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 7.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven days written notice. If any portion of the work is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 4 of 8 7.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 7.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 7.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 7.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 7.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be govemed by the laws of the State of Iowa without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 7.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the above -referenced rules. 7.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attomey fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 7.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 5 of 8 following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 7.16 Reuse of Documents All project documents including, but not limited to, plans and specifications fumished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 7.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other instruments of services. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 7.18 Opinion of Probable Construction Cost COMPANY shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 7.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from of its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attomey's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 6 of 8 COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 7.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attomeys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLI ENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. 7.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 7.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary.for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENTs AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 7.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 7 of 8 Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalies, toxic chemicals, liquids gases, or any other materials, imtants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute goveming the generation, treatment, storage, and disposal of waste. 7.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifiers opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 7.25 Limitation of Liability The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors, partners, employees, shareholders, owners and subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed COMPANY'S total fee received for services rendered on this project or $50,000.00, whichever is less. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 7.26 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s) without the written authorization of COMPANY. Professional Services Agreement Vacant Parcel No. 891325-405-004 Waterloo, Iowa June16, 2011 Page 8 of 8 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. ,(4a4ve- Robin Husman Approved by: (,104' Printed/Typed Name: Robin Husman Title: Protect Director Date: 6/15/11 City of Waterloo Accepted by: Printed/Typed Name: Ernest G. Clark Title: Mayor Date: City of Waterloo Expenditure Pre -Authorization Request Form City Clerk Use Only Finance Committe / Approval Date °/ The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Central Garage Department to expend $ 3,204.99 plus est. shipping costs of $ 0.00 to pay for or purchase A/C Recovery and Recharge unit This purchase or expenditure is being made because: Old machine is non -repairable Vendor selected for this purchase: MAC Tools ❑X Bids or written quotes were taken on this purchase, as follows: MAC Tools - $3204.99 Snap On Tools - $4599.00 ❑ Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds Road Use Tax ❑ Sewer I I Sanitation Federal/other grants ❑ Other (specify) This expenditure is to be coded to the following budget line -item: 410-18-7950-2152 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is (Project Code) $ 752,47b 41 00 U am $ 735,062.22 Respectfully submitted, .7/z ,r,JGu ' / >',G( i'U'? 1 7- 'l / (Signature Dept. Head or Designee) Date Signature Finance Dept. Review) Date K:\shared goodies \forms\Central Garage - AC Recharging System.xls (Mar 2010) Sktuka Affir City of Waterloo 51I IRA( Expenditure Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Waterloo Fire Rescue Department to expend $ 3,280.00 plus est. shipping costs of $ 75.00 to pay for or puchase Four (4) GTT Opticom 792H Emitters This purchase or expenditure is being made because: when we sent in 4 GTT Opticom emitters for repair we were informed that they were not worth fixing because of age and condition. We will receive $175 per unit as trade in value. WFR needs to stock at least 4 emitters as we service surrounding ambulances emitters. n Bids or written quotes were taken on this purchase, as follows: ri Bids or quotes were not taken on this purchase because: Single Source Provider Prior Committee Actions (Dates): This expenditure is to be coded to the following budget line -item: 409-12-1410-2117 - Fire Ambulance Replacement (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Imiffed, (Signature De Head or Designee) $ 185,000.00 ''y $ 8,011.00 Date (Signature Finance Dept. Review) Date users\shared goodies\forms\[Filel (April 2003) TRAFFIC. CONTROL CORPORATION P.O. Box 1051 Ankeny, IA 50021 Waterloo Fire ATTN: Darryl Hartema QUOTATION # SL-IA2011-07-20 Date: July 20, 2011 Page 1 of 1 Project: Opticom Emitter Quantity, Unit Price Extended Price 01 GTT Opticom 792H Emitters GTT Trade-InlTrade Up Program Discount 02 (' 18%) 03 4 $995.00 $3,980.00 4-$175.00 -$700.00 $0.00 04 $0.00 05 $0.00 06 $0.00 07 Includes Trade in of 4 &(@ H Emitters NOTES: Freight Added to the Order Above prices do not include sales tax. Terms Net 30 days with approved credit Prices are firm for 30 days Delivery is approximately 30-45 days after release. NO FURTHER DISCOUNTS APPLY $0.00 TOTAL $3,280.00 Phone 515-418-4114 www.trafficcontrolcorp.com Fax: 866-260-2822 2009 GENERAL OBLIGATION BOND PROCEEDS FUND 409 PURPOSE FUND PAYING CODE AMOUNT AMENDMENTS BALANCE Allen Hospital Area Storm Water Impr 409-07-5300-2162 70,000.00 64,390.37 American Disabilities Act 409-22-8755-2152 100,000.00 48,692.80 Boating Center Improvements 409-37-4207-2175 409-22-5125-2117 10,000.00 \\�� 50,000.00 (8,658.00) 10,000.00 CAPITAL EQUIPMENT / VEHICLES: Code Enforcement Vehicles Engineering Dept. Truck 409-07-7830-2117 16,000.00 532.69 Leisure Services Trucks 409-37-4100-2117 220,000.00 (532.69) Motor Pool Vehicles 409-18-7950-2117 24,000.00 1,609.00 Parking Maintenance Truck 409-17-7910-2117 24,000.00 1,322.49 Police Investigation Vehicles 409-11-1100-2117 20,000.00 (1,855.62) Police Laboratory Vehicle 409-11-1100-2117 30,000.00 (625.00) Police Patrol Cars 409-11-1100-2117 165,000.00 (6,658.00) Police Vehicle Equipment 409-11-1100-2117 20,000.00 Street Department Vehicles 409-19-7100-2117 400,000.00 43,679.51 Traffic Department Truck 409-17-7120-2117 141,000.00 (28,814.38) Cedar River Dam Portages 409-07-7610-2175 0.00 150,000.00 150,000.00 Central Garage Equipment 409-18-7950-2110 66,000.00 Central Garage Facility Improvements 409-18-7950-2152 65,000.00 Chamberlain Demo & Redevelopment 409-08-6213-2146 45,000.00 (12,674.26) 32,325.74 City Facilities Improvements (Taxable) 409-22-8800-2152 125,000.00 Clark Street Drainage Improvements 409-07-5300-2162 70,000.00 70,000.00 Cultural Arts Building Impr 409-22-4205-2152 135,000.00 Cultural Arts Building Impr-Parking Lot Paving 409-22-4205-2180 85,000.00 Cultural Arts Building Impr (Taxable) 409-22-4205-2152 100,000.00 Cultural Arts/Youth Pavilion Impr 409-26-4205-2152 110,000.00 (10,000.00) 89,561.62 Cultural Arts Improvements (Taxable) 409-26-4205-2152 25,000.00 25,000.00 Downtown Development Plan 409-08-6100-2103 100,000.00 (94,091.90) Downtown Property Acquisitions 409-08-6100-2140 250,000.00 94,091.90 Downtown Property Acquisitions (Taxable) 409-08-6100-2140 300,000.00 Downtown Off Road Mtce Equipment 409-37-4110-2113 49,000.00 Dry Run Arch Valve Purchase 409-07-5600-2162 0.00 72,695.00 Dry Run Creek (E. 6th) Arch Gate Replacement 409-07-5600-2162 0.00 190,315.75 1,022.13 East 4th Street & Ralston Rd. Paving 409-07-7500-2165 150,000.00 (150,000.00) East 6th Street Pump Station Repair 409-07-5300-2162 0.00 198,800.00 68,273.20 ,_--409442-1410-2117 ... r . 09, 0,0„,„ . �.._ „ ®.... _. _:;.,8,011.00,. ilfe'A acemerrtE;— — _ Fire Breathing App. Replacement 409-12-1400-2128 75,000.00 944.36 Fire Department Equip & Uniforms 409-12-1400-2112 40,000.00 15,123.99 Fire Station Improvements 409-22-1400-2152 10,000.00 10,000.00 Fire Station Improvements (Taxable) 409-22-1400-2152 90,000.00 90,000.00 Five Sullivans Center (Taxable) 409-22-4900-2152 80,000.00 Flood Control Improvements 409-07-5600-2171 50,000.00 50,000.00 Flood Levee Certification 409-07-5600-2103 300,000.00 101,381.30 Forestry Building Updates (Taxable) 409-37-4100-2152 45,000.00 38,265.78 GIS/GPS Mapping 409-08-5700-2111 5,000.00 5,000.00 GO Bond Costs (Taxable) 409-03-8980-1750 25,000.00 3,124.34 GO Bond Costs (Tax -Exempt) 409-03-8980-1750 90,000.00 12,768.24 Golf Course Improvements (Taxable) 409-37-4120-2174 0.00 31,400.75 Golf Course Improvements 409-37-4120-2174 65,000.00 Golf Course Maintenance Equip (Taxable) 409-37-4120-2113 316,000.00 (31,400.75) Library Improvements 409-22-3100-2152 55,000.00 8,979.18 Lou Henry Hoover Sculpture Garden 409-07-xxxx-xxxx 0.00 10,000.00 10,000.00 Midport TIF (Taxable) 409-08-6260-2103 155,000.00 10,677.76 Municipal Stadium (Taxable) 409-37-4400-2170 140,000.00 1 of 2 City Clerk Use Only Finance Committee Approval Date 8 1 9-6t( City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 1,996.00 plus est. shipping costs of $ 0.00 to pay for or purchase 4 player benches for dugouts. This purchase or expenditure is being made because: Benches are needed for new dugouts at Tibbitts # 3 and South Annex. Vendor selected for this purchase: Kesslers Team Sports Bids or written quotes were taken on this purchase, as follows: Kesslers Team Sports $1,996.00 BSN $2,831.96 Kay Park $2,720.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: n General Fund Bonds Road Use Tax n Sewer ❑ Sanitation Federal/other grants n Other (specify) This expenditure is to be coded to the following budget line -item: 410-37-4202-2178 $303.35 then use 411 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is y submitt-d, (Project Code) 50,000.00 /50;07)°� 303.35 then use 411 fund Cb6 gnattYr Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre -Authorization player benches (Mar 2010) City Clerk Use Only Finance Committettr Approval Date P.11 I p'/� t City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 10,000.00 plus est. shipping costs of $ to pay for or purchase Framing materials for the Public Marketbuild out phase. This purchase or expenditure is being made because: Materials are needed for work to be completed by Leisure Services crews. Project to be completed prior to September 30. Vendor selected for this purchase: Various Suppliers ❑ Bids or written quotes were taken on this purchase, as follows: Availability and quotes will be considered when ordering. ❑ Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: CGeneral Fund ❑ Bonds Road Use Tax I I Sewer ❑ Sanitation Federal/othergrants ❑X Other (specify) WDC Portion of BH Gamir This expenditure is to be coded to the following budget line -item: 426-37-6880-2151 37RST-MRKT (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitt j� nature ead or Designee) Date $ 205,672.00 $ dOL‘557 a1 (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City Clerk Use Only Finance Committee Approval Date g'' I b City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 15,000.00 plus est. shipping costs of $ to pay for or purchase Plumbing and electrical materials for the Public Marketbuild out phase. This purchase or expenditure is being made because: Materials are needed for the undergound work to be completed by Leisure Services crews Project to be completed prior to September 30. Vendor selected for this purchase: Various Suppliers ❑X Bids or written quotes were taken on this purchase, as follows: Availability and quotes will be considered when ordering. ❑ Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: El General Fund Bonds Road Use Tax ❑ Sewer ❑ Sanitation Federal/other grants Xj Other (specify) WDC Portion of BH Gamir This expenditure is to be coded to the following budget line -item: 426-37-6880-2151 37RST-MRKT (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Res ectfully submitted $ 205,672.00 $ /CCes57 2Y I/ / %" �� 7/4+jj,r ./I //J2 u.& 7 :* ?c </ N-(Si1nature I pt'Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the $ 11,542.00 plus est. shipping costs of Smithco Tournament Ultra Roller. Leisure Services Department to expend to pay for or purchase This purchase or expenditure is being made because: to increase the playability and consistency of the greens at all three municipal golf courses. Vendor selected for this purchase: Turfwerks, Johnston Iowa n Bids or written quotes were taken on this purchase, as follows: QBids or quotes were not taken on this purchase because: Purchase is being made using the previously bid State contract pricing through Turfwerks. State Pricing is 20% off list price. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund ❑ Road Use Tax n Sewer n Sanitation ❑X Bonds 0 Federal/other grants n Other (specify) This expenditure is to be coded to the following budget line -item: 411-37-4120-2113 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted, (Project Code) $ 2 1 J U i�� $ gnature D-.. •.d or Designee) Date (Signature Finance Dept. Review) K:\shared goodies \forms\Expenditure Pre -Authorization (Mar 2010) Date • 07/27/2011 07:24 3192914297 WATERLOO LEISURE SER PAGE 02/02 City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 19,900.00 plus est. shipping costs of $ to pay for or purchase Water blasting and painting of Gates Park Waterslide and zero depth water features. Clean and paint diving board structures. City Clerk Use Only Finance Committee Approval Date D[ 190 (,( This purchase or expenditure is being made because: to remove old paint and rust. Vendor selected for this purchase: Verbraken's New Look Painting Bids or written quotes were taken on this purchase, as follows: Verbraken's New Look Painting, Waterloo $19,900.00 Modern Painting and Michael Painting did not respond to bid request. n Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: nGeneral Fund n Road Use Tax ❑ Sewer Sanitation aBonds n Federalfother grants n Other (specify) This expenditure is to be coded to the following budget Tine -item: 410-22-4200-2132 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Re~spestfully submitte (Signature pt? Head or Designee) Date K:\shared good ds\forms1Waterslide Pre Auth (Mar 2010) C0ixt t _To Cr�o (Project Code) $ 130,000.00 $ 81,829.00 — (Signature Finance Dept. Review) I'27 ;at)/ Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Mayor Department to expend $ 2,500.00 plus est. shipping costs of $ to pay for or purchase Fiscal 2012 Cedar Valley Coalition Dues City Clerk Use Only Finance Committee Approval Date s ft l ft)t f This purchase or expenditure is being made because: The Cedar Valley Coalition provides valuable assistance with obtaining federal financial assistance for the City of Waterloo Vendor selected for this purchase: n/a Bids or written quotes were taken on this purchase, as follows: Qx Bids or quotes were not taken on this purchase because: n/a Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: Qx General Fund 0 Road Use Tax n Sewer ❑ Sanitation El Bonds 0 Federal/other grants ri Other (specify) This expenditure is to be coded to the following budget line -item: 010-01-8200-1319 (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is $ 2,500.00 1/- and the current available balance is Respectfully submitted, $ 2,500.00 ,/ • (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls (Mar 2010) GOAL�T10� City of Waterloo Michelle Weidner 715 Mulberry St. Waterloo, IA 50703 CEDAR VALLEY COALITION Waterloo/Cedar Falls Metro Jottaeasf 9owa's gateway INVOICE 07/01/11 Fiscal Year 2012 Dues $2,500.00 Please make check payable to: INRCOG/Cedar Valley Coalition 229 E. Park Ave. Waterloo, IA 50703 City of Waterloo Expenditure Pre -Authorization Request Form City Clerk Use Only Finance Committee Approval Date Si I tt The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 1,180.32 plus est. shipping costs of $ 0.00 to pay for or purchase Software Assurance for Windows Server Operating System. This purchase or expenditure is being made because: It provides maintenance on our server operating system. It provides assurance that our servers our secure and up-to-date. Vendor selected for this purchase: Aces 0 Bids or written quotes were taken on this purchase, as follows: Q Bids or quotes were not taken on this purchase because: The price is government regulated through Microsoft and is the same from vendor to vendor. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: riGeneral Fund n Road Use Tax n Sewer n Sanitation nBonds 0 Federal/other grants � Other (specify) This expenditure is to be coded to the following budget line -item: 010-11-1105-1520 Software (Fund - Department - Activity - Account Number) in which the budgeted amount is $ 4 (Project Code) U 6') and the current available balance is $ o//'``" Respe ly submitted, (S ur ept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) ACES ADVANCED COMPUTER ENGINEERING SOLUTIONS 1007 Technology Parkway 1 Cedar Falls, IA 50613 Office: 319-266-9800 1 Fax: 319-266-6740 1 Email: info@acesiowa.com QUOTE Renewals - SA for Syr Std I Date 06/14/11 Quote # ACSQ3936 Sold To: Waterloo Police Department Wendy Drinovsky 715 Mulberry St. Waterloo, IA 50703 United States Phone: (319) 291-4500 Fax: t! u y Item 1 Description 4 Software GOVT OLP SA WINDOWS SVR STD Assurance for Server Std. I Ship To: Phone: Fax: Terms Net 30 days Rep RHahn P.O. Number Unit Price $295.08 Ship Via Ext. Price $1,180.32 SubTotal $1,180.32 Sales Tax $0.00 Shipping $0.00 Total $1,180.32 Prices subject to change without notice. All delivery, training or consulting services, to be billed at published rates or rates quoted herein. Hardware components carry only standard manufacturer warranty unless otherwise stated. ACES specifically disclaims any and all warranties, express or implied, including but not limited to any licensed products. ACES shall not be liable for any loss of profits, business goodwill, data, interruption of business, nor for incidental or consequential merchantability or fitness of purpose, damages related to this agreement. - Minimum 15% restocking fee with original packaging. Authorization to order may be made by returning the signed quote, or, In lieu of a signature, acceptance of the quote by e-mail will constitute a legally binding obligation, subject to the terms set forth herein. For hardware and software orders over $1,000, full payment for these components must accompany the order. All other payments are due on receipt of invoice. Finance charges will be assessed on past -due accounts over 30 days at the rate of 1.5% monthly. I agree to these terms and conditions and authorize purchase of the items detailed herein. Signature: LA 012 n(,t x1, Date: 7 vt(� — / I Printed: 07/20/11 13:55:18 licb4OR Partner Page 1 of 1 City Clerk Use Only Finance Committee AI Approval Date (/ t City .of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is here by requested to authorize the following purchase or expenditure submitted by the WMS Departmant to expend $ 11,395.58 plus ext. shipping cost of $ 300.00 Pump repair to pay for or purchase This purchase or expenditure is being made because: Rebuild a KSB New style pump, does not pump Bids or written quotes were tak"e&o4thispurcha§e, as follows Bids or quotes were not taken on this purchase because: Quality Pump & Control is the rep to rebuild KSB pumps, this pump is a satillite wetwell pump Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund: Road Use Tax: X Sewer: Sanitation: Bonds: ❑Federal/other grants: 0Other(specify): This expenditure is to be coded to th%yfohowtnglbudget line -item: 570/5700/14/1571 (Fund - Department - Activity - Account Number) in which budgeted amount is and the current available balance is Respectfully submitted, (Project Code) $ 201,422.00 $ 193,946.25 u�u3�2c(>c (Z/ &9 7-2.2- // Date ( [gnat re Dept. Head Or Designee) Date (Signature Finance Dept. Review) Fax Quotation Quality Pump & Control 840 — 15th ST. S.W. Mason City, IA. 50401 Phone (641) 422-0441 Fax (641) 422-0442 Date: 07/20/11 To: City Of Waterloo Attention: Kent Fax FF 319-291-4523 From: Kit Alcorn Job Description: Rebuild "KSB" K300-3801806XNG "New Style Pump" QUANTITY UNIT DESCRIPTION PRICE TOTAL 1 EA Mechanical Seal Upper $1,296.30 $1.,296.30 1 EA Mechanical Seal Lower $925.95 $925.95 1 EA Upper Roller Bearing $253.01 $253.01 2 EA Lower Bearings X 2 $1,112.00 $2,224.00 1 EA Stationary Wear Ring Cast Iron $695.45 $695.45 1 EA tntt)eller Wear Ring Stainless Steel $3,491.00 $3,491,00 1 EA 412.01 Oring $100.78 $100.78 1 EA 412.02 Oring $77-39 $77.39 1 EA 412.04 Oring $107.70 $1 07.70 1 _ EA 412.06 Oring $14.00 $14.00 24 EA Labor $90.00 $2,160.00 1 EA Shup Supplies $50.00 $50.00 1 EA Freight Back to Customer TBD TBD 173. L .. . _f �j ape., riye ro-w L /" 9s . 5-5- -I /-'44(-4.6-4'4f City Clerk Use Only :Finance Committee Approval Date l (20 U City of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is here by requested to authorize the following purchase or expenditure submitted by the WMS Departmant to expend $ 2.695.00 plus ext. shipping cost of $ 138.00 Moyno pump parts to pay for or purchase This purchase or expenditure is being made because: The old parts are worn out riBids or written quotes were taken on this purchase, as follows Bids or quotes were not taken on this purchase because: These are direct replacement parts for a Moyno pump in the digester building and Liberty Process Equip. is the supplier Prior Committee Actions (Dates): Please check the following box(es) as appropriate to.describe the funding for this expense: General Fund: []Road Use Tax: []Sewer: []Sanitation: []Bonds: nFederaVother grants: Other(specify): This expenditure is to be coded to the following budget line -item: 52.0/l4/5,00/1571 (Fund - Department - Activity - Account Number) in which budgeted amount is and the current available balance is Respectfully submittey (Project Code) $ 201,422.00'� $ 1937948 25 673 () (S atur 4 d .. 7®7/—�� .. L �u 7� a� �� ept. Head Or Designee) Date (Signature Finance C� Dept. Review) Date Jul 1811 02:38p Liberty Process Equipment 18476407855 p.1 Page 1 of 1 Sold To: CITY OF WATERLOO 3505 EASTON AVENUE WATERLOO, IA 50701 Confirm To: RICHARD Liberty Process Equipment, Inc. 2525 S. Clearbrook Drive Quote Arlington Heights, IL 60005-4623 Quote Number 0036155 Phone: (847) 640-7867 Quote Date: 7/18/2011 Fax: (847) 640-7855 Quote valid through BM 7/2011 Customer Number CITWAT Salesperson: ZACH RITTER Ship To: CITY OF WATERLOO 3505 EASTON AVENUE WATERLOO, IA 507D1 Customer Reference 4F036G1 PARTS Ship VIA F.O.B. Terms Approximate Delivery ARLINGTON HTS. NET 30 DAYS 1 WEEK Item Description Serial Number Unit Qty Price Amount 29 PF0022L SUCTION HOUSING 27 AG0085L RETAINING RING 28 AG0932L STATOR CLAMP RING FREIGHT ESTIMATE PRICES ARE NET EACH 1 2,148.00 2,148.0D EACH 2 20.00 40.00 EACH 3 169.00 507.00 EA 1 130.00 130.00 PACKAGING FEE $8.00 PER PKG 8.00 THANK YOU ZACH RITTER Total: 2,833.00 Ducted prices in US dollars. Do not include shipping or packaging charges which will be added to our invoice at the tirne of shipment. Visit our website at http:llwvrvv.libertyprocess.00m Engineered Products For the Manufacturing & Processing Industries City Clerk Use Only Finance Committe Approval Date I(l t City of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is here by requested to authorize the following purchase or expenditure submitted by the WMS $ 3,048.00 plus ext. shipping cost of $ 175.00 (4) 3vd rear loader dumpsters. Departmant to expend to pay for or purchase This purchase or expenditure is being made because: To replace the old dumpsters that are rusted out. X Bids or written quotes were taken on this purcha? e, as follows Gregory Container CO. quote of $762.00 each X 4 = $3048.00 Mid-IowaSolid Waste Equip. quote of $819.00 each X 4= $3276.00. Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: [] General Fund: [ Road Use Tax: []Sewer: []Sanitation: []Bonds: nFederaVother grants: []Other(specify): This expenditure is to be coded to the following'btaget'line-item: 57.5/15/5400/1596 (Fund - Department - Activity - Account Number) in which budgeted amount is and the current available balance is Respectfully submitte 1 >7 - �,t 2 —f i1� �ru (� I c�z 7 zs� r/ (Sig ture ept. Head Or Designee) Date (Signature Finance Dept. Review) Date (Project Code) $ 80,000.00 $ 80,000.00 Fro: 3505 Easton Ave Waterloo, IA 50702 (319) 291-4553 Keith Waterloo, City of 1 Quote Date: r i 7/18/2011 = Sonya I Dunn i f iw 1 lmenenn� �rfit �• n Via' s :ra.ft =��-; 1inquiry Date: Quota #: Gregory Container, Inc. 1385 Industrial Blvd PO Box 106 Kahoka, MO 63445 PH: (660) 727-1350 FAX: (660) 727-1352 : Quotation ESTIMATED SHIPPING DATE SHIPPED VIA QUANTITY DESCRIPTION 1 3YD Rear Toad with lids and casters Freight Delivered TOTAL SALES ORDER DOES NOT INCLUDE SALES TAX PREPARED BY: Sonya I Dunn QUOTE VALID 30 DAYS. 'Salesman: TERMS PRICE $762 $175 TOTAL NET 30 AMOUNT $3,048 $175 $3,223 Z00/ Z00'd 6905# seu-raquo0 dsobeaD ZS£t LZL 099 Ot:00 ttOZ'9t"I112 Mid -Iowa Solid Waste Co. Inc 5105 NW Beaver Drive WA Johnston, IA fOLID W ENT CO, INC. 515-276-3352 Fax 515-276-2976 Toll Free 800-733-8731 Helping you clean your Planet since 1975 Quote To: City of Waterloo Keith Kearns Easton Ave Waterloo QUOTE Quote # DLMQ1042 Date 07/21/11 Sales Rep. Dave Madole Ship To: . J This Quote good for 30 days City of Waterloo Keith Kearns Easton Ave ia Waterloo ia We are pleased to propose the following for your consideration Qty Description 4 Ameri - Kan 3 yard RL containers W/lids Green Note: Above prices do not include sales tax. "At Your Disposal", Dave Madole Unit PriceJ C Ext. Price $819.00 $3,276.00 SubTotal $3,276.00 Sales Tax $0.00 Shipping $700.00 Total $3,976.00 City Clerk Use Only Finance Committee Approval Date D (,( I t City of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is here by requested to authorize the following purchase or expenditure submitted by the WMS $ 2,057.00 plus ext. shipping cost of $ 0.00 Replacement filter belts Departmant to expend to pay for or purchase This purchase or expenditure is being rnade because: To replace the set of filter belts that are worn out ❑ Bids or written quotes were takerr'ong his' Urchase, as follows Bids or quotes were not taken on this purchase because: Advancetex International:is:the company for,direct replacement for filter belts Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: nGeneral Fund: nRoad Use Tax: 7Sewer:' Sanitation: DOther(specify): Bonds: ❑Federal/other grants: This expenditure is to be coded to ti;g1thOWfrig budget line -item: 520/14/5200/1571 (Fund - Department - Activity - Account Number) in which budgeted amount is and the current available balance is, Respectfully submitted, (Project Code) $ 201,422.00 $ 193,677.87 1/ 71.e,54-' 7-7 -c& 6(.. 71 (Siture ept. Head Or Designee) Date (Signature Finance Dept. Review) Date Advancetex International US Office Customer Service Jane Rossa Office: 574-896-5775 Cell: 219-793-2351 Official Quotation Quote # 231-PI-JR July 25, 2011 Waterloo WPCF 3505 Easton Ave. Waterloo, IA 50702 Attention: Brian Rath, We are pleased to quote as follows: Material Quantity Size Price PETMM006-8 1 82" X 49'5" $1,013.00 PETMM006-8 1 82" X 51'7" $1,057.00 Delivery: 4 — 5 weeks F.O.B.: Destination Terms: Net 30 Days Thank you for this opportunity to quote. Sincerely, Jane Rossa