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Council Packet - 5/4/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, May 4, 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 187 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Kelley Felchle, City Clerk Agenda, as proposed or amended. Minutes of April 27, 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 request to certify assessment to 322 W. 13th Street in the amount of $7,564.06, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 3. Resolution setting date of public hearing as May 18, 2020 to approve the sale and conveyance of city owned property located south of 1318 Martin Road, in the amount of $1.00, to 3 Stooges, LLC, including a Development Agreement, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving award of bid to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Base Bid, Alternative No. 1 and Alternative No. 2 in the amount of $773,116.50, and approving the contract, bonds, and certificate of insurance for the FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Matthew Hosford, Collections System Project Director 5. Resolutions setting date of public hearing as May 18, 2020 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) Page 2 of 187 (a) GCP-2 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (d) ECP-UR-5 - Not to exceed $6,600,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Submitted By: Michelle Weidner, Chief Financial Officer B. Motion to approve the following: 1. LIQUOR LICENSES a. Ray's Supermarket, 1975 Franklin St. Class: B Wine, C Beer, and E Liquor Renewal Application Includes Sunday Expiration Date: 3/2/2021 b. Hometown Foods, 1010 E. Mitchell Ave. Class: B Wine, C Beer, and E Liquor Renewal Application Includes Sunday Expiration Date: 4/30/2021 2. APPOINTMENTS a. Tajah Wright Board/Commission: Human Rights Commission Expiration Date: May 8, 2023 Re -Appointment b. William Kugler Board/Commission: General Contractors Board Expiration Date: May 8, 2023 Re -Appointment c. Ross Samek Board/Commission: General Contractors Board Expiration Date: May 8, 2023 Re -Appointment d. Deb Waterman Board/Commission: General Contractors Board Expiration Date: May 8, 2023 Re -Appointment e. Dennis Wilson Board/Commission: General Contractors Board Expiration Date: May 8, 2023 Re -Appointment f. Michelle Weber Page 3 of 187 Board/Commission: Design Review Board Expiration Date: May 7, 2023 Re -Appointment 3. Motion to approve Change Orders Nos. 10-12, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $4,795, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 4. Bonds. PUBLIC HEARINGS 2. Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project. 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., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Building Department for review. Submitted By: Noel Anderson, Community Planning and Development Director 3. Five Sullivan Brothers Convention Center Skywalk Improvements Project. Motion to receive and file proof of publication 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., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Building Department for review. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 4. Resolution issuing a moratorium on collecting fees from businesses ordered to close by the Governor of the State of Iowa due to the Covid-19 pandemic. Submitted By: Margaret Klein, Ward 1 Council member 5. Resolution urging the Governor of the State of Iowa to pro -rate license fees on all 12- month liquor licenses. Submitted By: Pat Morrissey, Ward 3 Council member 6. Resolution approving an Iowa Contaminated Site Environmental Covenant with Chamberlain Manufacturing Corporation and the United States Environmental Protection Agency, for property located at 550 Esther Street, and authorizing the Mayor to execute said document. Submitted By: Martin M. Petersen, City Attorney Page 4 of 187 7. Resolution rejecting the bid of WRH, Inc., of Amana, Iowa, in the amount of $6,292,360, in conjunction with FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $3,196,984, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements - Phase I, Contract No. 1016, with City matching funds of $3,196,984, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving a Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, in an amount not to exceed $105,000, in conjunction with the FY 2020 Newell Street Rise Project, Contract 991, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer 10. Resolution approving the Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $59,900, in conjunction with water main improvements near the Waterloo Regional Airport, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Farm Lease Agreement with Luke Weston, to farm approximately 67.83 acres of land for the 2020 growing season, generally located near the northeast corner of Independence Avenue and Northeast Drive, in the amount of $215 per acre, for a total yearly payment of $14,583.45, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition, subject to the condition that any final plat or final plats for any portion of the approved Preliminary Plat of Paradise Estates Addition submitted for approval on or prior to May 14, 2022 shall be subject to any new zoning restrictions or subdivision regulations adopted by the City of Waterloo prior to submittal of any such Final Plat for any portion of said area. Submitted By: Noel Anderson, Community Planning & Development Director 13. Resolution approving an Early Access Agreement with 4F1 Waterloo, LLC to begin certain activities in preparation for development of the site east of 1994 Newell Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving a Supplemental Agreement for a Professional Services with Terracon Consultants, Inc. of Cedar Falls, Iowa, originally executed April 12, 2019, in an amount not to exceed $20,189.00, in conjunction with the Bio-solids Modification Project for Geotechnical (material testing) services, and authorize the Mayor to execute said document. Page 5 of 187 Submitted By: Matthew Hosford, P.E., Waste Management Collection Systems Project Director 15. Resolution accepting Grant No. 3-19-0094-048-2020 from the USDOT and FAA, in the amount of $300,000, via the CARES Act and Public Law 116-136, for reimbursements to the Waterloo Regional Airport for lost revenue associated with the COVID-19 pandemic, and authorize the Mayor and City Attorney to execute said document. Submitted By: Keith Kaspari, Airport Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission minutes of February 11, 2020. Page 6 of 187 CITY OF WATERLOO Council Communication Minutes of April 27, 2020, Regular Session, as proposed. City Council Meeting: 5/4/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/28/2020 - 9:55 AM ATTACHMENTS: Description Type ❑ 4/27/2020 Council Minutes Backup Material Submitted by: Submitted By: Page 7 of 187 April 27, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 27, 2020. Mayor Quentin Hart in the Chair. Roll Ca11: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 157742 - Juon/Boesen that the Agenda, as amended, by striking the word four and inserting three to item 6, for the Regular Session on Monday, April 27, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157743 - Juon/Boesen that the Minutes, as proposed, for the Regular Session on Monday, April 20, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS No oral presentations were received from the public. Mr. Grieder commented on the sharp increase of confirmed COVID-19 cases in our county over the past fourteen days and acknowledged that it is scary and is hard, but he asks everyone to please be bold and brave and do their best to stay at home and protect their families and continue to practice social distancing. 157744 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157745 - Juon/Morrissey that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated April 27, 2020, in the amount of $3,274,139.93, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-276. 2. Resolution preliminarily approving plans, specifications, form of contract, etc., setting date of bid opening as May 14, 2020, and date of public hearing as May 18, 2020 for the FY 2020 Newell Street RISE Project, RM-8155(765)--9D-07, Contract No. 991, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-277. 3. Resolution approving award of bid to B&B Lawn Care, Inc., of Waterloo, Iowa, at $9.75 per lot, for Option A lots under one acre and $9.75 per acre for Option B lots one (1) acre or more, and approving the contract, bonds, and certificate of insurance, in conjunction with mowing of city owned lots generally acquired through Iowa Code 657A, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-278. Page 8 of 187 April 27, 2020 Page 2 1. 2. 4. Resolution approving request of Brian and Brenda Holman for a waiver for a concrete driveway, located at 711 Short Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-279. 5. Resolution approving request of Damir Dzanic for a waiver for a concrete driveway, located at 939 Roosevelt Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-280. 6. Resolution approving request of Nathan Walter for a waiver for a concrete driveway, located at 122 Ogden Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-281. b. Motion to approve the following: a. a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Wertz Driving Instructor Recertification Newton, IA May 12, 2020 $200 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Placita, 322 W. 4th St. _ C Liquor Renewal 4/15/2021 x National Dairy Cattle Congress, 250 Ansborough Ave. C Liquor and Outdoor Service Renewal 2/28/2021 x Tokyo Japanese Steakhouse, 1931 Sears St. C Liquor Renewal 2/13/2021 x 3. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157746 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2020 Asphalt Overlay Program, Contract No. 992, as published in the Waterloo Courier on April 17, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157747 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157748 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc. and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 9 of 187 April 27, 2020 Page 3 Mr. Boesen commented that he is concerned that the city may not have enough money in the local option sales tax fund in order to pay the contract. Michelle Weidner, Chief Financial Officer, commented that she is concerned as well since the state has not provided information on the local option sales tax. Jamie Knutson, City Engineer, agreed with the CFO that information is not coming from the state. He explained that the Road Use Tax entitlements have fluctuated back and forth. Michelle Weidner commented that any fluctuations seen in the road use tax were likely the result of monies taken by the state in March and replaced in April, and not something that can be anticipated in future months. Mayor Hart questioned if it would be prudent to wait until May or June until more information comes from the state. Jamie Knutson commented that the city has 30 days to award the bids. They would have further conversation with Aspro and wait to award. Mr. Boesen commented that he is ok with reading the bids but asked council to move forward with caution. Mr. Morrissey commented that he has a hard time believing the pandemic is not going to effect the dollars downward. He questioned if the state has given any predictions on how the funding is going to be impacted. He questioned that if after 30 days, the city has poor financial information, does the council still have to award the bid? Jamie Knutson commented that the city could reassess the project and take action later or decide not to do the project. Mayor Hart questioned if the project could be scaled back. Jamie Knutson commented that the bid could be rejected and rebid as a smaller project. He explained that the bid could be awarded and work out a change order to reduce the size of the project. Resolution adopted and upon approval by Mayor assigned No. 2020-282. 157749 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $3,340,512.09 Bidder Bid Security Bid Amount Aspro, Inc., Waterloo, IA 5% $3,219,441.48 Voice vote -Ayes: Seven. Motion carried. 157750 - Feuss/Grieder that proof of publication of notice of public hearing on a request by Justin Tucker, on behalf of AirCare, for a Site Plan Amendment to the "M-2, P" Planned Industrial District, to install a trailer for emergency crews adjacent to Hangar 5, located west of 2814 Betsworth Drive, as published in the Waterloo Courier on April 17, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Justin Tucker, AirCare, provided an overview of the AirCare project. 157751 - Feuss/Grieder Page 10 of 187 April 27, 2020 Page 4 that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157752 - Feuss/Grieder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Justin Tucker, on behalf of AirCare, for a Site Plan Amendment to the "M-2,P" Planned Industrial District, to install a trailer for emergency crews adjacent to Hangar 5, located west of 2814 Betsworth Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mrs. Klein questioned if other airports in Iowa have allowed a mobile home like this to be built at their facility. Justin Tucker confirmed. Mrs. Juon questioned if a fee is associated with the lease. Keith Kaspari, Airport Director, explained that they are transitioning to a ground lease. The city attorney is working with AirCare to develop a ground lease that is agreeable to both parties. Mrs. Juon questioned if the amount will be equal to what is currently being paid for the terminal. Keith Kaspari, Director of Aviation, explained that he is estimating a total of 8,060 square feet, which will cause a reduction of lease revenue. Mr. Boesen commented that he did not realize that AirCare was sleeping at the commercial building and hoped that met fire code. He questioned if a septic is allowed to be installed when sanitary sewer is available. Noel Anderson, Community, Planning and Development Director, commented that the code allows them to put in a septic system since they are over 300 feet away from a sewer main. The plumbing inspector is ok with the septic system as long as they agree to clean up the septic system after its use has concluded. Mr. Boesen questioned if the sleeping quarters meet fire code. Keith Kaspari confirmed that the sleeping quarters meet fire codes. Mr. Morrissey questioned where the business was located prior to being located at the airport. Justin Tucker explained that they were located at the MercyOne helipad. Mr. Morrissey questioned where the helicopter is stored. Justin Tucker commented that it is currently stored at Hanger 5 for bad weather or maintenance Mr. Morrissey questioned if they would be building a new septic system or using the old system. Justin Tucker commented they would be building a new septic system. Mr. Morrissey questioned how the system would be removed. Justin Tucker commented he is unsure how that would work. Mr. Morrissey commented that the agreement would need to state that the land would be put back to its former state. Noel Anderson commented that this provision could be put in the lease agreement. Page 11 of 187 April 27, 2020 Page 5 Mayor Hart questioned if they would do commercial transport or if there is a need for that service in the future. Justin Tucker explained that their business is focused solely on emergency medical transports. 157753 - Feuss/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 157754 - Feuss/Grieder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Justin Tucker, on behalf of AirCare, for a Site Plan Amendment to the "M-2,P" Planned Industrial District, to install a trailer for emergency crews adjacent to Hangar 5, located west of 2814 Betsworth Drive", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5555. 157755 - Amos/Grieder that proof of publication of notice of public hearing on the Sale and Conveyance of City owned property located at 1332 Walker Street, to Goldfinch S&M Properties LLC, and approving a Development Agreement for the redevelopment of a single family dwelling, as published in the Waterloo Courier on April 17, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Stanley Evans, S&M Properties, LLC, provided an overview of the project. He further explained that his goal is to rehabilitate these properties, and more like them, and sell them at a price point of $90,000-$100,000. 157756 - Amos/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157757 - Amos/Grieder that "Resolution authorizing the sale and conveyance of City owned property located at 1332 Walker Street, to Goldfinch Properties, LLC, in the amount of $5,000, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if the agreements for these properties are in CURA or CLURA guidelines. Noel Anderson confirmed these properties are in the CURA area and could file an application. Resolution adopted and upon approval by Mayor assigned No. 2020-283. 157758 - Amos/Grieder that "Resolution approving a Development Agreement with Goldfinch Properties, LLC, for the redevelopment of a single family home located at 1332 Walker Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-284. 157759 - Amos/Grieder Page 12 of 187 April 27, 2020 Page 6 that proof of publication of notice of public hearing on the Sale and Conveyance of City owned property located at 1804 E. 4th Street, to Goldfinch S&M Properties LLC, and approving a Development Agreement for the redevelopment of a single family dwelling, as published in the Waterloo Courier on April 17, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157760 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157761 - Amos/Grieder that "Resolution authorizing the sale and conveyance of City owned property located at 1804 E. 4th Street, to Goldfinch S&M Properties, LLC, in the amount of $5,000, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-285. 157762 - Amos/Grieder that "Resolution approving a Development Agreement with Goldfinch Properties, LLC, for the redevelopment of a single family home located at 1804 E. 4th Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-286. RESOLUTIONS 157763 - Morrissey/Grieder that "Resolution approving a request by MMS Consultants, Inc., on behalf of the City of Waterloo, to approve the final plat of Northeast Industrial Park Plat No. 4, a four -lot industrial subdivision, located east of 1994 Newell Street, and rescinding Resolution 2019-424 in its entirety", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-287. 157764 - Morrissey/Grieder that "Resolution approving a Development Agreement with Net Worth Investments, LLC, of Cedar Falls, Iowa, for the construction of an 8-plex multi -family building, located north of 1150 Home Park Boulevard, including a Development Grant of $5,000 per unit, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned the reason to include wording in the development agreement regarding CURA/CLURA when the property does not meet the requirements. Noel Anderson explained the wording is standard in the agreement but agreed it can be confusing so staff will remove that wording in the future when properties are not eligible. Mr. Morrissey questioned why the property does not meet CURA requirements. Noel Anderson explained that boundaries and construction would determine eligibility and added that this project does meet the definition for in -fill development. Resolution adopted and upon approval by Mayor assigned No. 2020-288. 157765 - Morrissey/Grieder Page 13 of 187 April 27, 2020 Page 7 that "Resolution approving an Amendment to a Development Agreement with Fusion Investments, LLC, originally executed April 15, 2019, for the development of infrastructure of Cedar Valley Crossing, a ten -lot commercial/light industrial subdivision, to amend timeframes for completion of infrastructure and aggregate taxable values, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-289. 157766 - Klein/Boesen that "Resolution approving Supplemental Agreement No. 12, to a Professional Services Agreement originally executed April 3, 2006, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $187,350, in conjunction with the US Highway 63 Improvements from Jefferson Street to Donald Street, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-290. 157767 - Klein/Boesen that "Resolution approving a 404 Clean Water Permit, in an amount not to exceed $120,000, in conjunction with the proposed Con-Trol Site, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the project. Jamie Knutson provided an overview. Mr. Boesen commented on the need to ensure monies are approved and available through bonding. Noel Anderson provided additional information regarding the cost of the project. Mr. Morrissey questioned why the city is doing this project. Jamie Knutson explained that during the review and permitting process for the Con-Trol project it came to the staff's attention that several years ago, the city had inadvertently caused damage to the wetlands. Mr. Morrissey questioned if the funds are recoverable. Jamie Knutson commented they are not and that the engineering firm that drew the plans has gone bankrupt and the city staff who reviewed the plans are no longer employed by the city. Resolution adopted and upon approval by Mayor assigned No. 2020-291. 157768 - Klein/Boesen that "Resolution approving a contract with Clean Harbors Environmental Services, Inc., in the amount of $7,584.16, for the removal of environmental concerns from 120 Center Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-292. ADJOURNMENT 157769 - Morrissey/Juon that the Council adjourn at 6:36 p.m. Voice vote -Ayes: Seven. Motion carried. Page 14 of 187 April 27, 2020 Page 8 Kelley Felchle City Clerk Page 15 of 187 CITY OF WATERLOO Council Communication Resolution approving request to certify assessment to 322 W. 13th Street in the amount of $7,564.06, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 5/4/2020 Prepared: 4/23/2020 REVIEWERS: Department Reviewer Action Date Water Works Coon, Chad Approved 4/23/2020 - 12:22 PM Clerk Office Higby, Nancy Approved 4/28/2020 - 10:09 AM ATTACHMENTS: Description Type ❑ Assessment letter Cover Memo SUBJECT: Resolution approving request to certify assessment to 322 W. 131 Street in the amount of $7,564.06, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted by: Submitted By: Chad Coon, General Manager, Waterloo Water Works Recommended Action: Summary Statement: Expenditure Required: Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their April 15, 2020 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 16 of 187 WATERLOO WATER WORKS CHAD COON General Manager 325 SYCAMORE STREET • P.O. BOX 27 319-232-6280 WATERLOO, IOWA 50704 FAX: 319-232-1962 April 22, 2020 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, April 15, 2020. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $2,864.06, which is supported by invoice from All Star Plumbing & Heating, Inc., and the Waterloo Water Works, showing the work necessary to repair the service line on August 23, 2019, and a statement of $4,700.00, which is support by invoice from Frickson Bros. Excavating, showing the work necessary to repair the service line on April 2, 2020, in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to repair the service line at 322 W. 13th Street, which is located on the Southwest Forty (40) feet of Lot No. One (1), Block Fifty-five (55), Anthony Bakers Addition, Waterloo, Black Hawk County, Iowa, and owned by Naw B. Mahaw. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. Page 17 of 187 Page 2 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS / Chad Coon, General Manager CC/cm Page 18 of 187 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 18, 2020 to approve the sale and conveyance of city owned property located south of 1318 Martin Road, in the amount of $1.00, to 3 Stooges, LLC, including a Development Agreement, and instruct City Clerk to publish said notice. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 4/29/2020 - 10:02 AM Clerk Office Higby, Nancy Approved 4/29/2020 - 11:06 AM ATTACHMENTS: Description Type ❑ Agreement Backup Material SUBJECT: Resolution setting date of public hearing as May 18, 2020 to approve the sale and conveyance of city owned property located south of 1318 Martin Road, in the amount of $1.00, to 3 Stooges, LLC, including a Development Agreement, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Set a date of hearing. 3 Stooges is proposing to build three commercial buildings along Martin Road. The first phase will have a commercial building no less than 8,100 Summary Statement: square feet in size. Phase II will have a commercial building no less than 6,000 square feet and phase III will have a commercial building no less than 6,000 square feet in size. Expenditure Required: None Source of Funds: N/A Land Use Policy Issue: Policies 1, 2, and 4 in the Strategic Plan dealing with economic development. Legal Descriptions: Brock Third Addition Lot 2 except the north 150 feet. Page 19 of 187 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, [A 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT (Phased Development) This Development Agreement (the "Agreement") is entered into as of , by and between 3 Stooges, LLC (the "Company") and the City of Waterloo, Iowa (the "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 Martin Road Development 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. Within 60 days from the date of this Agreement or within 60 days after the recording of a final plat for Brock Third Addition, whichever occurs last, City shall convey to Company, for the sum of $1.00, the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real Page 20 of 187 estate real 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, or other applicable law. 2. Phased Development. The parties contemplate that Company will develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. A commercial building of no less than 8,100 square feet. B. Phase 2. A second commercial building of no less than 6,000 square feet. C. Phase 3. A third commercial building of no less than 6,000 square feet. For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Property completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. For purposes of this Agreement, the Property may be deemed to be divisible into three areas, one for each Phase, with each Phase Area corresponding to the respective improvements that are planned to be constructed or are in fact constructed on such area, including any setback indicated in an approved site plan. 3. Improvements by Company. Company shall construct on the Property the improvements described in Section 2 above, and related landscaping, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 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". 4. Floodplain; Storm Water Detention. City hereby confirms that there are no restrictions for filling in the floodplain on the Property, subject to use of suitable fill material. City shall allow Company to fill in the floodplain as may be necessary to complete the Project. Storm water runoff from the Property shall flow to a shared 2 Page 21 of 187 detention system located on adjacent land to the north, and Company shall design site layout and the Improvements to utilize the shared detention system. 5. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project 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. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction on Phase 1 Improvements within twelve (12) months after the date of this Agreement (the "Phase 1 Start Date") and must complete construction no later than June 1, 2021 (the "Phase 1 Completion Deadline"). If Company desires to undertake the Phase 2 and Phase 3 Improvements, it must complete construction of Phase 2 Improvements no later than June 1, 2023 and Phase 3 Improvements no later than June 1, 2025 (the "Phase 3 Completion Deadline"). For any phase, completion of construction shall be evidenced by issuance of an occupancy permit. B. Events triggering reverter of title. (i) Subject to Unavoidable Delays as set forth below, if Company has not, in good faith, begun the construction of any phase of the Improvements on the schedule set forth in paragraph A above, then City may terminate this Agreement as to such Phase Area(s) and title to the applicable Phase Area(s) shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then City may terminate this Agreement as to such Phase Area(s) and title to the applicable Phase Area(s) shall revert to the City after the end of said extended period. In the event of any termination, City shall have no further obligations under this Agreement with respect to any affected Phase Area. (ii) If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable undeveloped Phase Area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to any such Phase Area conveyed, except as 3 Page 22 of 187 expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or any Phase Area deeded to City. (iii) Notwithstanding anything to the contrary in paragraphs (i) or (ii) above, if an undeveloped Phase Area that is subject to reverter of title is, as to total area or configuration of area, practicably unbuildable in the City's judgment (an "Unbuildable Remnant"), then City may refuse to receive conveyance of the Unbuildable Remnant, and in such instance Company shall be compelled to purchase same as set forth in Section 7. (iv) If development 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, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Phase Area(s) shall revert to City, except as provided in Section 7. 6. 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, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances 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, claim, charge, or encumbrance 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. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 4 Page 23 of 187 7. Purchase in Lieu of Reverter. Following the occurrence of any event that triggers a reverter of title under Section 5 and Section 6, Company shall have an option to purchase the Property or the applicable undeveloped Phase Area in lieu of conveying title to City. Said option shall not apply to an Unbuildable Remnant; with respect to an Unbuildable Remnant, purchase on the terms set forth in this Section shall be mandatory. Company shall exercise this option by delivery of written notice to City within thirty (30) days after City's demand for a deed pursuant to Section 6. Within an additional fourteen (14) days, Company shall complete the purchase by delivering payment to City in an amount equal to $0.8533 multiplied by the number of square feet in the area being purchased. The parties shall cooperate in good faith to determine the square footage of such area, and if the parties are unable to agree then the square footage of said area shall be determined by survey at the parties' joint expense. 8. Water and Sewer. On or before December 1, 2020, City will provide water main and sewer main infrastructure in the public right of way to the Property line, and Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property that it desires and for payment of any associated connection fees. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and ail other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $250,000.00 (the "Phase 1 Minimum Actual Value"), through: either; (i) willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with construction of Phase 2 Improvements and Phase 3 Improvements, the parties will execute and record for each such phase a separate amendment to the minimum assessment agreement for the purpose of increasing the Minimum Actual Value by $200,000.00 for each additional phase. 10. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such 5 Page 24 of 187 mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 11. 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. 12. 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 all parts of the Property. 6 Page 25 of 187 Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 13. Reserved. 14. 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 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 15. 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. 16. 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 7 Page 26 of 187 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 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. 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. 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. 8 Page 27 of 187 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. 19. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; 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 9 Page 28 of 187 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. 20. 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. 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. 21. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, 10 Page 29 of 187 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. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 3510 Kimball Avenue, Suite H, Waterloo, Iowa 50702, Attn: Anthony Fischels. 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. 24. 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. 25. 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. 11 Page 30 of 187 26. Severabiiity; 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. lf, 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. 27. 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. 28. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 29. 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. 30. Entire Agreement. This Agreement 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. 31. 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. CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin M. Hart, Mayor Anthony' hels, ,, anager Attest: Kelley Felchle, City Clerk 12 Page 31 of 187 PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member 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. Liability of guarantors hereunder is joint and several. Anthony Fis 13 Page 32 of 187 EXHIBIT "A" Legal Description of Property Lot 2, except the North 150 feet thereof, Brock Third Addition, City of Waterloo, Black Hawk County, lowa. Page 33 of 187 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 STOOGES, 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, or cause to be undertaken, the development of an area ("Project") within the Martin Road Development Plan area of the City; 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 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, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $250,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before June 1, 2021. If it is 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, 2032. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned Page 34 of 187 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 lowa 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 STOOGES, LLC By: By: Quentin M. Hart, Mayor A Attest: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ss. ) 'schels, Manager 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 Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City 2 Page 35 of 187 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. BLACK HAWK COUNTY ) Acknowledged before me on Manager of 3 Stooges, LLC. Notary Public 3 , 2020 by Anthony Fischels as Rftta /l/0 / Notary Public V Page 36 of 187 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa, Notary Public Page 37 of 187 CITY OF WATERLOO Council Communication Resolution approving award of bid to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Base Bid, Alternative No. 1 and Alternative No. 2 in the amount of $773,116.50, and approving the contract, bonds, and certificate of insurance for the FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, and authorizing Mayor and City Clerk to execute said documents. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Waste Management ATTACHMENTS: Description ❑ Council Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Background Information: Reviewer Even, LeAnn Action Approved Type Cover Memo Date 4/29/2020 - 12:09 PM Resolution approving award of bid to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Base Bid, Alternative No. 1 and Alternative No. 2 in the amount of $773,116.50, and approving the contract, bonds, and certificate of insurance for the FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Matthew Hosford, Collections System Project Director Approve Award of Contract for base bid, Alternative No. 1, and Alternative No. 2 with Municipal Pipe & Tool of Hudson, Iowa and execute contract documents. $773,116.50 SRF (base) and Sanitary Sewer Funds (Alternative 1 & 2) Continuance of Annual CIP Pipelining Program in Service Area 19 and sanitary sewer repairs. Page 38 of 187 AECOM April 29, 2020 Mr. Matt Hosford Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2020 CIP Pipelining Phase IVA Letter of Recommendation City of Waterloo, Iowa City Contract No. 1014 AECOM #60620183 Dear Matt, AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax AECOM reviewed the bids submitted for the FY 2020 CIP Pipelining Phase IVA project for the City of Waterloo, Iowa, on April 9, 2020. The low bidder, Municipal Pipe Tool Co., LLC, has met the requirements of the Instructions to Bidders. A bid tabulation is attached for review. AECOM recommends awarding the contract to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Base Bid ($387,887.50), Alternate No. 1 (SA 23 42" Sanitary Sewer at the WWTP - $302,635.00) and Alternate No. 2 (SA 11 Farm Field - $82,594.00) for a combined price of $773,116.50. Yours sincerely, Christopher G. Oelkers, PE Enclosure: FY 2020 CIP Pipelining Phase IVA Project Bid Tab dated 04/09/2020 P:\60620183\600_Construction_Support\620_Correspondence\20200429 Bid Recommendation\20200429 Wat CIPP IVA LTR Recommendation.docx Page 39 of 187 Bid Tabulation Phase IVA SA 19 City of Waterloo City Contract No. 1014 AECOM Proj. No. 60604454 Thursday, April 09, 2020 A:COM Engineers Estimate Municipa Pipe LLC Tool Co., Granite Inliner, LLC Item Description Unit Estimated Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 8" Diameter CIP Pipe Lining LF 8,387.0 $ 22.93 $ 192,323.64 $ 18.00 $ 150,966.00 $ 46.00 $ 385,802.00 2 10" Diameter CIP Pipe Lining LF 350.0 $ 28.01 $ 9,801.75 $ 22.00 $ 7,700.00 $ 50.00 $ 17,500.00 3 12" Diameter CIP Pipe Lining LF 975.0 $ 30.49 $ 29,732.18 $ 26.00 $ 25,350.00 $ 51.00 $ 49,725.00 4 18" Diameter CIP Pipe Lining LF 574.0 $ 80.00 $ 45,920.00 $ 47.00 $ 26,978.00 $ 76.00 $ 43,624.00 5 Lateral Reinstatement EA 156.0 $ 66.06 $ 10,304.67 $ 40.00 $ 6,240.00 $ 300.00 $ 46,800.00 6 3-FT Lateral Grouting EA 156.0 $ 313.59 $ 48,920.12 $ 300.00 $ 46,800.00 $ 750.00 $ 117,000.00 7 Pipe Televising - 8" LF 16,774.0 $ 0.86 $ 14,445.98 $ 0.75 $ 12,580.50 $ 2.00 $ 33,548.00 8 Pipe Televising - 10" LF 700.0 $ 0.88 $ 617.17 $ 0.75 $ 525.00 $ 2.00 $ 1,400.00 9 Pipe Televising - 12" LF 1,950.0 $ 0.98 $ 1,903.97 $ 0.75 $ 1,462.50 $ 2.00 $ 3,900.00 10 Pipe Televising - 18" LF 1,148.0 $ 1.00 $ 1,148.00 $ 0.75 $ 861.00 $ 2.00 $ 2,296.00 11 Type A Pipe Cleaning - 8" LF 8,387.0 $ 3.00 $ 25,161.00 $ 2.25 $ 18,870.75 $ 3.00 $ 25,161.00 12 Type A Pipe Cleaning - 10" LF 350.0 $ 1.36 $ 477.73 $ 2.25 $ 787.50 $ 3.00 $ 1,050.00 13 Type A Pipe Cleaning - 12" LF 975.0 $ 1.41 $ 1,375.52 $ 2.25 $ 2,193.75 $ 5.00 $ 4,875.00 14 Type A Pipe Cleaning - 18" LF 574.0 $ 2.00 $ 1,148.00 $ 2.75 $ 1,578.50 $ 5.00 $ 2,870.00 15 Type C Root Removal - 8"-10" LF 4,368.0 $ 1.55 $ 6,779.72 $ 1.00 $ 4,368.00 $ 1.50 $ 6,552.00 16 Type C Root Removal - 12"-15" LF 487.0 $ 1.96 $ 953.81 $ 1.00 $ 487.00 $ 1.50 $ 730.50 17 Type C Root Removal - 18" LF 287.0 $ 5.00 $ 1,435.00 $ 1.00 $ 287.00 $ 5.00 $ 1,435.00 18 Type D Lumberjack - 8"-10" LF 4,368.0 $ 2.00 $ 8,736.00 $ 1.00 $ 4,368.00 $ 1.50 $ 6,552.00 19 Type D Lumberjack - 12"-15" LF 487.0 $ 2.50 $ 1,217.50 $ 1.00 $ 487.00 $ 1.50 $ 730.50 20 Type D Lumberjack - 18" LF 287.0 $ 5.00 $ 1,435.00 $ 1.00 $ 287.00 $ 5.00 $ 1,435.00 21 Protruding Taps Removal EA 100.0 $ 250.00 $ 25,000.00 $ 46.00 $ 4,600.00 $ 250.00 $ 25,000.00 22 Internal Chimney Seal EA 54.0 $ 360.35 $ 19,459.16 $ 315.00 $ 17,010.00 $ 450.00 $ 24,300.00 23 Manhole Barrel Joint Leak Repair EA 29.0 $ 561.07 $ 16,270.90 $ 390.00 $ 11,310.00 $ 1,600.00 $ 46,400.00 24 Manhole Lining EA 28.0 $ 875.62 $ 24,517.44 $ 1,155.00 $ 32,340.00 $ 2,950.00 $ 82,600.00 25 Grout Work EA 12.0 $ 554.50 $ 6,653.94 $ 367.50 $ 4,410.00 $ 1,000.00 $ 12,000.00 26 Box Outs EA 4.0 $ 1,500.00 $ 6,000.00 $ 1,260.00 $ 5,040.00 $ 2,900.00 $ 11,600.00 Project Total I $ 501,738.24 $ 387,887.50 $ 954,886.00 Item Description Unit Estimated Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price BID ALTERNATE NO. 1 100 42" Diameter CIP Pipe Lining LF 881.0 $ 250.00 $ 220,250.00 $ 300.00 $ 264,300.00 $ 240.00 $ 211,440.00 101 Pipe Televising - 42" LF 1,762.0 $ 5.00 $ 8,810.00 $ 2.00 $ 3,524.00 $ 13.00 $ 22,906.00 102 Type A Pipe Cleaning - 42" LF 881.0 $ 5.00 $ 4,405.00 $ 5.00 $ 4,405.00 $ 10.00 $ 8,810.00 103 Type C Root Removal - 42" LF 220.3 $ 8.00 $ 1,762.40 $ 10.00 $ 2,203.00 $ 10.00 $ 2,203.00 104 Type D Lumberjack - 42" LF 220.3 $ 10.00 $ 2,203.00 $ 10.00 $ 2,203.00 $ 20.00 $ 4,406.00 105 By -Pass Pumping LS 1.0 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 75,000.00 $ 75,000.00 106 Traffic Control LS 1.0 $ 8,000.00 $ 8,000.00 $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 Pro ect Total $ 270,430.40 III $ 302,635.00 $ 329,765.00 Item Description Unit Estimated Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price ALTERNATE NO. 2 - SERVICE AREA NO 11 FARM FIELD 200 18" Diameter CIP Pipe Lining LF 758.0 $ 80.00 $ 60,640.00 $ 64.00 $ 48,512.00 $ 70.00 $ 53,060.00 201 21" Diameter CIP Pipe Lining LF 394.0 $ 90.00 $ 35,460.00 $ 73.00 $ 28,762.00 $ 90.00 $ 35,460.00 202 Pipe Televising - 18"-21" LF 2,304.0 $ 3.00 $ 6,912.00 $ 0.75 $ 1,728.00 $ 5.00 $ 11,520.00 203 Type A Pipe Cleaning - 18"-21" LF 1,152.0 $ 2.00 $ 2,304.00 $ 2.25 $ 2,592.00 $ 65.00 $ 74,880.00 204 Type C Root Removal - 18"-21" LF 100.0 $ 5.00 $ 500.00 $ 5.00 $ 500.00 $ 10.00 $ 1,000.00 205 Type D Lumberjack - 18"-21" LF 100.0 $ 5.00 $ 500.00 $ 5.00 $ 500.00 $ 20.00 $ 2,000.00 IIIIIIIIIIIIIIII� � BID ALTERNATE NO. 2 TOTAL $ 106,316.00 $ 82,594.00 $ 177,920.00 Page 40 of 187 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50703 • Phone (319) 291-4553 Date: April 29, 2020 To: Waterloo Mayor and City Council From: Matthew Hosford, P.E., Waste Management Services Re: Contract Award for FY 2020 CIP Pipelining Phase IVA Project (Contract No. 1014) Background Discussion The Cured -in -Place (CIP) Pipelining Project Phase IVA is the annual continuation of the City's sanitary sewer lining and manhole rehabilitation program. This base bid in this project addresses target areas identified as part of the Sanitary Sewer Master Plan which require repair and is a requirement of the consent decree. Specifically portions of Service Area 19 are included. The project includes cleaning, root removal, televising, CIP pipelining, lateral grouting, and manhole rehabilitation. Alternative No. 1 is the lining of a 42" line in Service Area 23 near the treatment plant. Alternative No. 2 is a line in a farm field in Service Area 11. The project's scheduled completion date is September 25, 2020. AECOM was hired to prepare the plans and specifications. This project is part of the approved Capital Improvements Program and is funded from the State Revolving Fund (SRF) and the sewer fund. The bid opening date was April 09, 2020. The public hearing and official bid reading was April 13, 2020. Recommended Action It is recommended that the City Council approve award for the CIPP Phase IVA Project to Municipal Pipe and Tool of Hudson, IA for the Base Contract, Alternative No. 1, and Alternative No. 2 in the amount of $773,116.50 at the May 4, 2020 Regular Meeting. Page 41 of 187 CITY OF WATERLOO Council Communication Resolutions setting date of public hearing as May 18, 2020 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) City Council Meeting: 5/4/2020 Prepared: 4/28/2020 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 4/28/2020 - 6:33 PM Clerk Office Higby, Nancy Approved 4/29/2020 - 9:05 AM ATTACHMENTS: Description Type ❑ Council Comm GCP UR Bond Hearings April 2020 Cover Memo SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Resolutions setting date of public hearing as May 18, 2020 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (d) ECP-UR-5 - Not to exceed $6,600,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Submitted By: Michelle Weidner, Chief Financial Officer We are planning to sell $11 million in general obligation bonds for a number of general purposes this spring. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. A hearing covering many Essential Corporate Purpose projects was held and approved March 19, 2020. Please see the attachment for general project language. We plan to use the State of Iowa Revolving Fund for sewer project funding. Public hearings will be held for those projects at a later date. The new principal amount of $11,000,000 plus interest will be required to be repaid in the future. Repayment will be made from various sources, including general property Page 42 of 187 taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would Alternative: likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have financial implications if the projects aren't completed as required. Background Information: A general listing of projects planned to be completed using bond proceeds authorized by these hearings will be provided prior to the hearings. Page 43 of 187 CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: May 4, 2020 Prepared: April 28, 2020 Mayor Dept. Head Signature: Michelle Weidner QUENTIN HART Number of Attachments: None COUNCIL SUBJECT: FYE2020 Bond Issue Hearings 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 Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt resolutions to set the date of hearing as May 18, 2020 on the proposed issuance of the following bonds for the project classifications previously approved, as follows: 1. GCP-2 — Not to exceed $700,000 General Obligation Bonds (GCP-2) for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of reconstruction, renovation and improvements to sports and park facilities through the sports facilities improvement fund and the park improvement fund; downtown area maintenance and infrastructure improvements; acquisition of off -road maintenance equipment for parks and downtown; the renovation, construction, improvement and equipping of the golf course and Byrnes Tennis Center; the acquisition of vehicles for various city departments; building and infrastructure improvements for public works facilities; and the construction, renovation and improvement of airport facilities, parking lots, and acquisition of related airport equipment and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 2. GCP-3 — Not to exceed $700,000 General Obligation Bonds (GCP-3) for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the reconstruction, renovation, remodeling, improvement, equipping and repairing of Downtown Parking Garages and ramps; acquisition of properties for commercial or residential development; improvement to and equipping of Young Arena; and funding of the Red Cedar Initiative to promote business development and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Page 44 of 187 FYE2020 Bond issue Hearings Page 3 3. GCP-4 — Not to exceed $700,000 General Obligation Bonds (GCP-4) for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the proceeds of which bonds will be used to provide funds to pay the costs of reconstruction, construction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities; acquisition of city wide technology and computer equipment including software and network storage upgrades, expansions and replacements; improvements to and restoration of wetland areas; and the acquisition, improvement, and equipping of the public library and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 4. ECP-UR 5 — Not to exceed $6,600,00,000 General Obligation Urban Renewal Bonds (ECP-UR -5) for essential corporate urban renewal purposes, the proceeds of which bonds will be used to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, the Crossroads Urban Renewal Area, the Martin Road Development Area, the Northeast Site Urban Renewal Area and the Rath Area Redevelopment Area, such as those costs associated with acquisitions of properties and related demolition and clearance activities, grants to private developers, public infrastructure projects including streets, streetscape, and utility improvements, costs of the downtown development plan; and the improvement, reconstruction, equipping and repair of the Sullivan Convention Center. Summary Statement: We are planning to sell $11,000,000 in general obligation bonds for a number of general purposes. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. A hearing covering many Essential Corporate Purpose projects was held and approved March19, 2020. Please note that we plan to use the State of Iowa Revolving Loan Fund for sewer project funding. Public hearings will be held for those projects at a later date. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 45 of 187 FYE2020 Bond Issue Hearings Page 3 Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Background Information: A general listing of projects planned to be completed using bond proceeds authorized by these hearings is included. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 46 of 187 CITY OF WATERLOO Council Communication Motion to approve Change Orders Nos. 10-12, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $4,795, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 4/29/2020 - 9:40 AM Clerk Office Even, LeAnn Approved 4/29/2020 - 11:00 AM ATTACHMENTS: Description Type o Change Orders 10-12 Cover Memo SUBJECT: Motion to approve Change Orders Nos. 10-12, to Woodruff Construction,. LLC of Waterloo, Iowa, for a total decrease of $4,795, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Recommended Action: Summary Statement: Approve the following change orders: Change Order #10 DECREASE of $1,902.00 for the removal of a concrete base for an electrical cabinet. This base was not needed after partnering with Mid American Energy for the co -location of one of the electrical cabinets with their new transformer. Change Order #11 DECREASE of $1,350.00 for using zinc coated anchor bolts on the benches instead of stainless steel anchor bolts. Change Order #12 DECREASE of $1,543.00 for the elimination of all joint sealant on the project. Original Bid: $734,330.30 Change Order #1 $57,507.00 approved 8-19-2019 Change Order #2 $37,688.00 approved 8-19-2019 Change Order #3 $ - 14,223.00 (reduction) approved 8-19-2019 Change Order #4 $88,278.00 approved 8-19-2019 Change Order #5 $3,650.00 approved 10-7-2019 Change Order #6 $ - 294.27 (reduction) approved 10-7-2019 Change Order #7 $ - 5,719.00 (reduction) approved 10-7-2019 Change Order #8 $ -895.00 (reduction) approved 11/4/2019 Change Order #9 $1,190.00 approved 11/4/2019 Change Order #10 $ -1,902.00 Page 47 of 187 Expenditure Required: Source of Funds: Policy Issue: Change Order #11 $ -1,350.00 Change Order #12 $ -1,543.00 Total $896,717.03 DECREASE of $4,795.00 416/418 Downtown Improvements G.O. Bond Sign & Traffic G.O. Bond Funds RJ McElroy Trust Black Hawk County Gaming Association Otto Schoitz Foundation Max & Helen Guernsey Foundation Total Strategy 4.5 Quality of Place Funds $45,000 $15,500 $125,000 $600,000 $200,000 $10,000 $995,500 Page 48 of 187 CilANGE ORDER iviurk Kniprr, R ITT AND I<UIPI R ❑ Nate One lsch, woodiiilrConslruclion ❑ Quentin t lart, Iv(ayor or Waterloo, Iowa Li ❑ PROJECT OWNER: TO: : Lincoln Park City of Waterloo, Iowa F.Y. 20I 9 #1973 Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 10 DATE OF ISSUANCE: 1 1 /5/2019 FROM: RITLAND+KUTPE:R Landscape Architects 501 Sycamore Street, Mezzanine .A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. Credit for the Electrical Cabinet 1/4 concrete base TOTAL (DEDUCT) TO CONTRACT Attachments: 2019.1 1.05 Estimate from Woodruff Construction ($1,902,00) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract stun or Contract time. The original Contract. Sum was $734,330.30 Net change by previously authorized Change Orders $166,886.73 The Contract Sum prior to this Change Order was $901,217.03 The Contract Sum will be (decreased) by this Change Order ($1,902.00) The new Contract SUM including this Change Order will he $899,315.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPBR Landscape Architects Woodruff Construction City of Waterloo ARCHITECT CONTRACTOR. �i11G Signature 'r Marls Kuiper, ASI.,A, LEIsD AP Signature Nate Goetsch OWNER Signature Mayor Quentin I --fart Page 49 of 187 WOODRUFF CONSTRUCTION, LI.0 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax: [319) 233.3369 November 5, 2019 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Credit for Electrical Cabinet 114 Concrete Base To whom it may concern, The following is our pricing to credit the Electrical Cabinet #4 concrete base from our contract: Cost Breakdown Kruse Concrete Insurance Bond Total Our total price to perform the changed work is a DEDUCT of $1,902,00. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager ($1,850.00) ($17.00) = ($35.00) =($1,902,00} Page 50 of 187 CHANGE ORDER ▪ Mark Kuiper, RITLAND+KUIPI R ['Nate Goetscl, \Voodru TConstructian ❑ Quentin Hurt, Mayor cf\nterloo, Iowa PROJECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 11 DATE OF ISSUANCE: 1/24/2020 FROM: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. Credit for iJ using zinc coating anchor bolts in lieu of stainless steel anchor bolts N6 TOTAL (DEDUCT) TO CONTRACT ($1,350.00) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contact Sum was $734,330.30 Net change by previously authorized Change Orders $164,984.73 The Contract Stan prior to this Change Order was $899,315.03 The Contract Sum will be (decreased) by this Change Order ($1,350.00) The new Contract Sum including this Change Order will be $897,965.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPER Landscape Architects Woodruff Construction City of Waterloo ARCHITECT CONTRACTOR Signature Mark Kuiper, ASLA, LEED AP OWNER 444 Signature Signature Nate Goetsch Mayor Quentin Hart Page 51 of 187 CHANGE ORDER El Mark Kuiper, RITLAND+KUIPER ❑ Nate Goetsch, Woodruff Construction ❑ Quentin Hart, Mayor of Waterloo, Iowa PROJECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 12 DATE OF ISSUANCE: 4/23/2020 FROM: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. Elimination of all joint sealant on the project. This includes all caulking of isolation joints as noted on the plans. TOTAL (DEDUCT) TO CONTRACT Attachments: 2020.04.07. Estimate from Woodruff Construction $1,543.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was .. $734,330.30 Net change by previously authorized Change Orders $164,984.73 The Contract Sum prior to this Change Order was $899,315.03 The Contract Sum will be (increased) by this Change Order ($1,543.00) The new Contract Sum including this Change Order will be $897,772.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPER Landscape Architects Woodruff Construction City of Waterloo ARCHITECT CONTRACTOR ad A-74i t)a, Signatur Signature Mark Kuiper, ASLA, LEED AP Nate Goetsch OWNER Signature Mayor Quentin Hart Page 52 of 187 WOODRUFF CONSTRUCTION, LLC 60 YEARS April 7, 2020 RE: Waterloo 2019 Lincoln Park improvements SUBJ: Proposal Request 1#15 — Elimination of Joint Sealants To whom it may concern, The following is our pricing per Pricing Request 1415. Cost Breakdown Kruse Concrete (quote enclosed) = ($1,500.00) Insurance = ($14.00) Bond = ($29.00) Our total price to perform the changed work is a DEDUCT of $1,543.00 Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 I■■ Page 53 of 187 PROPOSAL REQUEST PROJECT: Lincoln Park PROPOSAL REQUEST NO: 15 Waterloo, Iowa OWNER: City of Waterloo, Iowa DATE: March 24, 2020 F.Y. 2019 ##973 TO: Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 Please submit an itemized quotation for changes to the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. All conditions of the Contract shall apply to this Change unless specifically stated otherwise. The monetary and time compensation provided by this Change fully compensate the CONSTRUCTOR for the work covered by the change and for the accumulated affect that this change has on the entire scope of the work. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. The general contractor shall provide a deduct for the following: 1. Elimination of all joint sealant on the project. This includes all caulking of isolation joints as noted on the plans. Page 54 of 187 Nate Goetsch From: Travis Kruse <tkruse564@gmail.com> Sent: Tuesday, March 24, 2020 12:20 PM To: Nate Goetsch Subject: Re: FW: PR-15 Elimination of Joint Sealant Attachments: image001.png Deduct $1500 $500 for materials $1000 for labor. Travis Kruse Kruse Concrete LLC 408 1st St SE Tripoli, IA 50676 319-239-1359 tkruse564@gmail,com On Tue, Mar 24, 2020, 10:26 AM Nate Goetsch <nateg@woodruff.build> wrote: Travis, See below and attached request. Please submit pricing for their review and approval. Thanks, Nate Goetsch ! Project Manager Woodruff Construction, LLC (319) 233-3349 x101 www.woodruff.build Thls email, Including all attachments, is confidential information and belongs to the sender and/or the senders company. This Information may be regally privileged. If you are not the intended recipient, you are hereby notified that any distribution, disclosure, copying, or taking of any action regarding the contents of this electronically transmitted information is strictly prohibited. If you are not the Intended recipient, please reply to the sender if you have received this message In error, and then please delete. Thank you.- woodruff Construction 1 Page 55 of 187 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 5/4/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 4/29/2020 - 10:25 AM ATTACHMENTS: Description Type ❑ BONDS FOR COUNCIL APPROVAL_5.4.20. Backup Material SUBJECT: Bonds. Page 56 of 187 BONDS FOR COUNCIL APPROVAL May 4, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 63108694 AL GORDON PLUMBING AND HEATING WATERLOO, IA 95 CG 6133 5 BRAD HOVEY WATERLOO, IA IA 594686 BURT CONSTRUCTION WATERLOO, IA IA 559897 CARDINAL CONSTRUCTION INC. WATERLOO, IA SY94037 COMMUNICATION DATA LINK, LLC GRIMES, IA 55-198794 K & W ELECTRIC, INC. CEDAR FALLS, IA IA 509356 LEHMAN TRUCKING & EXCAVATING WATERLOO, IA 69173956 MELI, INC. WATERLOO, IA IA 580415 OPERATION THRESHOLD, INC. WATERLOO, IA IA 570219 SAMMY DANIELS DBA DANIELS HOME IMPROVEMENT & CONSTRUCTION WATERLOO, IA S455721 SWICK CABLE CONTRACTORS INC. ELY, IA IA 5100218 VOGEL IRRIGATION COMPANY, INC. WATERLOO, IA Page 57 of 187 CITY OF WATERLOO Council Communication Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project. City Council Meeting: 5/4/2020 Prepared: 4/28/2020 REVIEWERS: Department Reviewer Action Date Building Department Ahlhelm, Greg Approved 4/28/2020 - 8:26 AM Clerk Office Even, LeAnn Approved 4/28/2020 - 3:41 PM ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material 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 confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Building Deparliiient for review. Submitted By: Noel Anderson, Community Planning and Development Director Page 58 of 187 Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project Bid Tab: April 30, 2020 Bidder Bid Security Total Bid Amount Failor Hurley Construction Waterloo, IA 5% $980,000 Cardinal Construction Waterloo, IA 5% $954,000 Don Gardner Construction Waterloo, IA 5% $1,044,400 Peters Construction Corp Waterloo, IA 5% $939,810 Henkel Construction Company Mason City, IA 5% $970,900 Woodruff Construction Waterloo, IA 5% $999,000 Page 59 of 187 CITY OF WATERLOO Council Communication Five Sullivan Brothers Convention Center Skywalk Improvements Project. City Council Meeting: 5/4/2020 Prepared: 4/28/2020 REVIEWERS: Department Reviewer Action Date Building Department Ahlhelm, Greg Approved 4/28/2020 - 8:26 AM Clerk Office Even, LeAnn Approved 4/28/2020 - 3:42 PM ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Submitted by: Motion to receive and file proof of publication 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., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Building Deparliiient for review. Submitted By: Noel Anderson, Community Planning and Development Director Page 60 of 187 Five Sullivan Brothers Convention Center Skywalk Improvements Project Bid Tab: April 30, 2020 Bidder Bid Security Total Bid Amount Cardinal Construction Waterloo, IA 5% $214,000 Woodruff Construction Waterloo, IA 5% $199,890 Henkel Construction Mason City, IA 5% $249,800 Page 61 of 187 CITY OF WATERLOO Council Communication Resolution issuing a moratorium on collecting fees from businesses ordered to close by the Governor of the State of Iowa due to the Covid-19 pandemic. City Council Meeting: 5/4/2020 Prepared: 5/1/2020 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 5/1/2020 - 9:47 AM ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Submitted by: Resolution issuing a moratorium on collecting fees from businesses ordered to close by the Governor of the State of Iowa due to the Covid-19 pandemic. Submitted By: Margaret Klein, Ward 1 Council member Page 62 of 187 Prepared Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2020-XXX RESOLUTION ISSUING A MORATORIUM ON COLLECTING FEES FROM BUSINESSES ORDERED TO CLOSE BY THE GOVERNOR OF THE STATE OF IOWA DUE TO THE COVID- 19 PANDEMIC. WHEREAS, the Governor of the State of Iowa urged numerous businesses to close in order to slow the spread of COVID-19, which has had a serious financial impact on the local economy; and WHEREAS, the City of Waterloo routinely collects fees from businesses for various types of permits and inspections; and WHERAS, it is the desire of this City Council to reduce financial burden facing businesses in Waterloo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: 1. That the City of Waterloo continues to issue permits, conduct inspections, or engage in any other activity that generates a fee. 2. That effective May 5, 2020, a moratorium is hereby enacted on collecting any fees from businesses that were urged by the Governor to close due to the COVID-19 pandemic until thirty (30) days after the business has been allowed by the Governor to reopen. PASSED AND ADOPTED this 1st day of May 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 63 of 187 CITY OF WATERLOO Council Communication Resolution urging the Governor of the State of Iowa to pro -rate license fees on all 12-month liquor licenses. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 4/29/2020 - 11:53 AM ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Submitted by: Resolution urging the Governor of the State of Iowa to pro -rate license fees on all 12-month liquor licenses. Submitted By: Pat Morrissey, Ward 3 Council member Page 64 of 187 Prepared Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2020-XXX RESOLUTION URGING THE GOVERNOR OF THE STATE OF IOWA TO PRO -RATE LICENSE FEES ON ALL TWELVE (12)-MONTH LIQUOR LICENSES. WHEREAS, the Governor of the State of Iowa issued an original proclamation on March 17, 2020 closing all bars and restaurants except for carry -out and drive-thru service; and WHEREAS, the Governor of the State of Iowa issued a proclamation on March 20, 2020 allowing for refunds of 8 month, 6 month, 5 day, and 14 day liquor licenses, and carry -out, delivery, and drive-thru alcohol sales, but has not taken action to refund or alleviate the financial burden of a 12 month licenses during the COVID-19 pandemic; and WHERAS, bar and restaurant owners with 12-month licenses are facing detrimental financial impact during the forced shutdown, federal Small Business Association loan funds have dried up, and financial relief during this time will help keep businesses operational after they are allowed to re -open. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Council respectfully directs that Mayor Quentin Hart urge the Governor through verbal communication to pro -rate 12-month liquor license fees from the time bars and restaurants were ordered closed, and until such time that same are fully opened, due to the COVID-19 pandemic. BE IT FURTHER RESOLVED, that this Resolution be sent to Governor Kim Reynolds. PASSED AND ADOPTED this th day of May 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 65 of 187 CITY OF WATERLOO Council Communication Resolution approving an Iowa Contaminated Site Environmental Covenant with Chamberlain Manufacturing Corporation and the United States Environmental Protection Agency, for property located at 550 Esther Street, and authorizing the Mayor to execute said document. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Legal Even, LeAnn Approved 4/29/2020 - 3:20 PM ATTACHMENTS: Description Type ❑ Chamberlain Environmental Covenant Document Cover Memo SUBJECT: Resolution approving an Iowa Contaminated Site Environmental Covenant with Chamberlain Manufacturing Corporation and the United States Environmental Protection Agency, for property located at 550 Esther Street, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Martin M. Petersen, City Attorney Recommended Action: Approve Resolution and authorize Mayor to execute said document. Page 66 of 187 Type/Title of Document: Environmental Covenant Return Document to: Martin M. Peterson City Attorney City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Preparer Information: Eric J. Johnson Beecher Law Firm P. O. Box 178 Waterloo, Iowa 50704-0178 Grantor: City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Holder: Chamberlain Manufacturing Corporation c/o The Duchossois Group, Inc. 444 W. Lake Street Chicago, Illinois 60606 Attention: VP/General Counsel Legal Description: Legal Descriptions in the "Legal Description Attachment", attached hereto. 1 Page 67 of 187 IOWA CONTAMINATED SITE ENVIRONMENTAL COVENANT This environmental covenant ("Environmental Covenant") is established pursuant to Iowa Code ("IC") Chapter 455I, entitled the "Uniform Environmental Covenants Act." The City of Waterloo, Iowa ("Grantor"), the United States Environmental Protection Agency, Region 7 ("Agency" or "EPA"), and Chamberlain Manufacturing Corporation ("Holder" and, collectively with Grantor and Agency, "Signatories") enter into this Environmental Covenant for the purpose of subjecting the affected property (the "Property," as hereinafter defined) to certain activity and use limitations (the "AULs", as set forth in Section 6 below) in accordance with the terms and conditions as specified in and the authorities granted by IC Chapter 455I. 1. Affected Property. The Grantor is the fee simple owner of the real property located at 550 Esther Street, Waterloo, Iowa (the "Property"). The Property is legally described on Exhibit A, incorporated by reference and attached hereto. For purposes of this Environmental Covenant, "Property" shall include any portion thereof. 2. Risk Management and Institutional Controls. Holder has performed inter alia soil and groundwater investigations and a risk assessment in accordance with the Unilateral Administrative Order: In the Matter of Chamberlain Manufacturing Corporation, Docket No. RCRA-07-2010-002 and Docket No. CERCLA-07-2010-0005 issued by EPA and filed on April 20, 2010 (the "UAO"). Notwithstanding EPA's review and approval of Holder's work on the Property pursuant to the UAO, EPA believes that the residual contamination on the Property may continue to present an unreasonable risk to human health and the environment if certain activities or uses occur on the Property. Accordingly, EPA has determined that this Environment Covenant is necessary to manage the risk of future exposures to the contamination through implementation of certain AULs on the Property and by establishing certain affirmative obligations related thereto, as set forth in this Environmental Covenant. The location of any and all EPA final agency action decision documents for the above UAO and any other environmental response project documents reflected in this Environmental Covenant related to the Property are identified and located at the EPA Records Center, 11201 Renner Boulevard, Lenexa, Kansas 66219. 3. Identity of Grantor, Agency and Holder. GRANTOR: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 AGENCY: United States Environmental Protection Agency Region 7 11201 Renner Boulevard Lenexa, Kansas 66219 2 Page 68 of 187 HOLDER: Chamberlain Manufacturing Corporation 444 West Lake Street Chicago, Illinois 60606 4. Representations and Warranties. The Grantor represents and warrants to the other Signatories to this Environmental Covenant that: a. The Grantor is the sole fee simple owner of the Property; b. Holder is a "holder", as defined by and meeting the requirements of IC §§ 455I.2.7 and 455I.3.1; c. The Grantor and Holder are parties to a September 25, 2017 Access Agreement ("Access Agreement", incorporated by reference and attached hereto as Exhibit B) regarding the Property, which remains in full force and effect; d. The Grantor holds sufficient fee ownership to the Property and Holder has sufficient interest in the Property to grant the rights and interests described in this Environmental Covenant free of any conflicting legal and equitable claims; and e. The Grantor has searched for and has not identified any other person or entity that holds any legal or equitable interest in the Property, including, but not limited to any: Contract buyers, easement holders, mortgage holders, other consensual lienholders, statutory lien holders, tax lien holders or lessees. 5. Running with the Land. This Environmental Covenant is perpetual and runs with the land as provided in IC § 455I.9 until terminated, as provided for herein or as otherwise allowed by IC § 455I.10. The terms of this Environmental Covenant are binding on the Grantor, Agency, and Holder and all successors in interest, assigns and all Transferees (as hereinafter defined) acquiring or owning any right, title, lien or interest in the Property and their heirs, successors, assigns, grantees, executors, administrators and devisees. The term "Transferee," as used in this Environmental Covenant, shall mean any future owner of any interest in the Property or any portion thereof, including, but not limited to, owners of an interest in fee simple, contract buyers, mortgagees, easement holders and/or lessees. 6. Activity and Use Limitations. The Property is subject to the following AULs: a. Well Prohibition. Installation of new groundwater wells for extraction and use of groundwater on the Property is prohibited, except for wells used for investigative, monitoring and/or remediation purposes installed in accordance with a work plan approved by EPA. For the avoidance of doubt, no drinking water or non -drinking water wells, as defined in Rule 567 of the Iowa Department of Natural Resources ("IDNR"), Iowa Administrative Code 135.2, and as subsequently amended, shall be installed within the boundaries of the Property. For purposes of reference, drinking water well means: "Any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods." Non -drinking water well means: "any groundwater well (except an extraction wells used as part of a remediation system) not 3 Page 69 of 187 defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567, Chapters 39 and 49." b. Disturbance of Soil. Based on reports on file at EPA's offices at 11201 Renner Boulevard, Lenexa, Kansas 66219, including but not limited to Administrative Record # 2138 Chamberlain Manufacturing, the contaminants of concern remaining at the Property (including the contaminants identified in the UAO and the Corrective Measures Study for the Property prepared by Ramboll US Corporation dated January 2016/Revised June 2016) may exceed EPA's and IDNR's standards for construction worker exposure, but do not pose a significant current or future risk to human health or the environment with respect to uses of the Property so long as the soil is not disturbed such that any significant exposure may result. Therefore, soil at the Property shall not be excavated or otherwise disturbed in any manner, except for minor excavations (surface to 18 inches in depth) without the prior written approval of EPA. If Grantor or its Transferee desires to disturb soil more than 18 inches in depth at the Property, then such Grantor or its Transferee shall submit a notification to EPA at least 30 days before the soil disturbance activities are scheduled to begin. Based on the potential hazards associated with the soil disturbance activities, EPA may within said thirty (30) days grant permission to disturb said soils and said permission shall not be unreasonably withheld. If based upon potential hazards associated with the soil disturbance activities, EPA conditionally denies the request to disturb the soils, EPA may condition the soil disturbance activities by requiring specific protective or remedial actions before allowing such soil disturbance, which protective or remedial actions shall be at the sole cost and expense of the party submitting the notification. Such requirements will not be unreasonably imposed by EPA. Contaminated soil may be disturbed if necessary during an emergency (such as water or gas main break, fire, explosion, or natural disaster), in which case Grantor or its Transferee shall ensure that notification is provided to EPA orally or in writing as soon as practicable, but no later than 48 hours after the disturbance begins. At the sole cost and expense of the party disturbing the soil, any contaminated soil disturbed as part of an emergency action must be returned to its original location and depth, or properly characterized, managed and disposed of, in accordance with all applicable local, state, and federal requirements. Within 30 days after such emergency has been abated, the Grantor or its Transferee shall provide a written report to EPA describing such emergency and any response actions. c. Construction Worker Notice. In the event that construction or excavation work is to be performed that may expose workers to contaminated soil on the Property, Grantor or its Transferee shall ensure that actual notice is provided in advance, both orally and in writing, to any person or entity performing any work that will or is likely to result in exposure to such soil, so that appropriate protective measures are taken to protect such workers' health and safety in accordance with applicable health and safety laws and regulations. Such notice shall include, but not be limited to, providing a copy of this Environmental Covenant to any individuals conducting or otherwise responsible for the work. Grantor or its Transferee shall maintain copies of any such written notice for a period of at least 3 years, and shall provide copies of such records to EPA upon its request. 4 Page 70 of 187 d. Vapor Intrusion. Prior to the commencement of construction, the Grantor or its Transferee, at its sole cost and expense, shall cooperate with EPA so that EPA can evaluate the need for vapor barriers and vapor intrusion mitigation systems with respect to any future buildings constructed on the Property in order to address potential exposures through vapor intrusion until such time as groundwater concentrations have decreased to levels that no longer pose a vapor intrusion threat. EPA evaluation will not be required on future construction with planned vapor intrusion mitigation systems and vapor barriers. Should EPA determine that vapor intrusion may pose a potential threat to occupants of a planned building, a vapor barrier and vapor intrusion mitigation systems will be installed on such building at the sole cost and expense of Grantor or its Transferee. In addition, an indoor air vapor intrusion mitigation system monitoring plan subject to EPA approval will be developed and implemented for the building at the sole cost and expense of Grantor or its Transferee. e. Groundwater Monitoring Wells. Any activity is prohibited that would interfere with the function of or obstruct access to any groundwater monitoring wells, vapor pins and/or monitoring devices located on the Property. This includes, but is not limited to, removing, destroying, or altering any well or device in any way that renders it inoperable or incapable of functioning as intended. At the sole cost of Grantor or its Transferee and with the prior written consent of Holder, monitoring devices may be properly abandoned, replaced, or relocated as necessary with prior EPA approval and in accordance with appropriate state and federal regulation. If replaced or relocated, the former monitoring device and/or well should be abandoned to avoid a conduit for contamination. f. No Contrary Zoning or Easements. Grantor shall not zone the Property in a manner inconsistent with any AUL. Neither Grantor nor any Transferee shall grant any easements that are contrary to the AUL. 7. Notice of Non -Compliance. The Grantor or subsequent Transferee of an interest in the Property shall notify EPA and Holder as soon as possible of any actions, inactions or conditions which would or could constitute a breach of any AUL. 8. Notice to Transferees/Lessees. Grantor and any Transferee or lessee shall incorporate this Environmental Covenant in full in any deed, lease, license or other instrument granting a right to ownership or possession of the Property and the Transferee shall agree in writing to be bound thereby. 9. Notice of Change in Ownership. Grantor and any Transferee shall notify, in writing, EPA, IDNR and Holder at least 30 days prior to any future transfer of title to, or change in ownership of, the Property. 10. Access to Property. In addition to Holder's rights provided by the Access Agreement, the Grantor grants reasonable access to the Property by EPA, Holder, IDNR and any authorized representatives of the foregoing parties, for the purpose of implementation, monitoring and enforcement of the terms of this Environmental Covenant or to conduct any necessary remediation, investigation or monitoring activities with respect to the environmental condition of the Property. EPA, IDNR, Holder, their authorized representatives or other persons entitled to 5 Page 71 of 187 access shall provide the current owner of the Property with reasonable notice, an explanation of the reasons for entry and the scope of onsite activities prior to access. EPA, Holder or the Grantor shall have the right, but not the obligation, to conduct the following activities: a. Repair and maintenance of remedial action equipment, soil caps, groundwater monitoring wells and associated aboveground or subsurface structures; b. Fencing and other technological controls; c. Groundwater sampling and monitoring; d. Additional drilling; e. Construction of soil boring and/or groundwater monitoring wells; and f. Such other activities authorized or directed by EPA. 11. Groundwater Hazard Statement Notice. IC § 558.69 requires submission of a groundwater hazard statement and disclosure if "hazardous waste" exists on the Property as defined in IC § 455B.411(3) or if the IDNR determines that solid waste exists on the Property that is potentially hazardous. If hazardous waste is present, the groundwater hazard statement must state that the condition is being managed in accordance with IDNR rules. The Signatories and all subsequent Transferees required to submit a groundwater hazard statement under IC § 558.69 shall make reference to this Environmental Covenant in substantially the following form —filling in the blanks with the relevant and applicable details: THE INTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL COVENANT, DATED (date), RECORDED IN THE DEED OR OFFICIAL RECORDS OF THE BLACK HAWK COUNTY RECORDER ON [DATE] IN (document, book and page, or parcel number). THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING ACTIVITY AND USE LIMITATIONS: a. Well Prohibition. Installation of new groundwater wells for extraction and use of groundwater on the Property is prohibited, except for wells used for investigative, monitoring and/or remediation purposes installed in accordance with a work plan approved by EPA. For the avoidance of doubt, no drinking water or non -drinking water wells, as defined in Rule 567 of the Iowa Department of Natural Resources ("IDNR"), Iowa Administrative Code 135.2, and as subsequently amended, shall be installed within the boundaries of the Property. For purposes of reference, drinking water well means: "Any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods." Non -drinking water well means: "any groundwater well (except an extraction wells used as part of a remediation system) not defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567, Chapters 39 and 49." b. Disturbance of Soil. Based on reports on file at EPA's offices at 11201 Renner Boulevard, Lenexa, Kansas 66219, including but not limited to Administrative Record # 2138 Chamberlain Manufacturing, the contaminants of concern remaining at the Property (including 6 Page 72 of 187 the contaminants identified in the UAO and the Corrective Measures Study for the Property prepared by Ramboll US Corporation dated January 2016/Revised June 2016) may exceed EPA's and IDNR's standards for construction worker exposure, but do not pose a significant current or future risk to human health or the environment with respect to uses of the Property so long as the soil is not disturbed such that any significant exposure may result. Therefore, soil at the Property shall not be excavated or otherwise disturbed in any manner, except for minor excavations (surface to 18 inches in depth) without the prior written approval of EPA. If Grantor or its Transferee desires to disturb soil more than 18 inches in depth at the Property, then such Grantor or its Transferee shall submit a notification to EPA at least 30 days before the soil disturbance activities are scheduled to begin. Based on the potential hazards associated with the soil disturbance activities, EPA may within said thirty (30) days grant permission to disturb said soils and said permission shall not be unreasonably withheld. If based upon potential hazards associated with the soil disturbance activities, EPA conditionally denies the request to disturb the soils, EPA may condition the soil disturbance activities by requiring specific protective or remedial actions before allowing such soil disturbance, which protective or remedial actions shall be at the sole cost and expense of the party submitting the notification. Such requirements will not be unreasonably imposed by EPA. Contaminated soil may be disturbed if necessary during an emergency (such as water or gas main break, fire, explosion, or natural disaster), in which case Grantor or its Transferee shall ensure that notification is provided to EPA orally or in writing as soon as practicable, but no later than 48 hours after the disturbance begins. At the sole cost and expense of the party disturbing the soil, any contaminated soil disturbed as part of an emergency action must be returned to its original location and depth, or properly characterized, managed and disposed of, in accordance with all applicable local, state, and federal requirements. Within 30 days after such emergency has been abated, the Grantor or its Transferee shall provide a written report to EPA describing such emergency and any response actions. c. Construction Worker Notice. In the event that construction or excavation work is to be performed that may expose workers to contaminated soil on the Property, Grantor or its Transferee shall ensure that actual notice is provided in advance, both orally and in writing, to any person or entity performing any work that will or is likely to result in exposure to such soil, so that appropriate protective measures are taken to protect such workers' health and safety in accordance with applicable health and safety laws and regulations. Such notice shall include, but not be limited to, providing a copy of this Environmental Covenant to any individuals conducting or otherwise responsible for the work. Grantor or its Transferee shall maintain copies of any such written notice for a period of at least 3 years, and shall provide copies of such records to EPA upon its request. d. Vapor Intrusion. Prior to the commencement of construction, the Grantor or its Transferee, at its sole cost and expense, shall cooperate with EPA so that EPA can evaluate the need for vapor barriers and vapor intrusion mitigation systems with respect to any future buildings constructed on the Property in order to address potential exposures through vapor intrusion until such time as groundwater concentrations have decreased to levels that no longer pose a vapor intrusion threat. EPA evaluation will not be required on future construction with planned vapor intrusion mitigation systems and vapor barriers. Should EPA determine that vapor intrusion may pose a potential threat to occupants of a planned building, a vapor barrier 7 Page 73 of 187 and vapor intrusion mitigation systems will be installed on such building at the sole cost and expense of Grantor or its Transferee. In addition, an indoor air vapor intrusion mitigation system monitoring plan subject to EPA approval will be developed and implemented for the building at the sole cost and expense of Grantor or its Transferee. e. Groundwater Monitoring Wells. Any activity is prohibited that would interfere with the function of or obstruct access to any groundwater monitoring wells, vapor pins and/or monitoring devices located on the Property. This includes, but is not limited to, removing, destroying, or altering any well or device in any way that renders it inoperable or incapable of functioning as intended. At the sole cost of Grantor or its Transferee and with the prior written consent of Holder, monitoring devices may be properly abandoned, replaced, or relocated as necessary with prior EPA approval and in accordance with appropriate state and federal regulation. If replaced or relocated, the former monitoring device and/or well should be abandoned to avoid a conduit for contamination. f. No Contrary Zoning or Easements. Grantor shall not zone the Property in a manner inconsistent with any AUL. Neither Grantor nor any Transferee shall grant any easements that are contrary to the AUL. 12. Amendment and Termination. This Environmental Covenant shall only be amended or terminated as provided by IC § 455I.10 and effective upon the document evidencing the consent of the amendment or termination properly recorded in the Black Hawk County Recorder's Office. If not by consent, any modification or termination of this Environmental Covenant shall be in accordance with IC § 455I.9 and such additional terms as specified in this Environmental Covenant. 13. Enforcement. This Environmental Covenant may be enforced: (a) in a civil action for injunctive or other equitable relief by any of the Signatories and those persons authorized by, and in accordance with, IC § 455I.11; and/or (b) by any other actions provided for by local, state or federal law. Additionally, the Signatories to this Environmental Covenant expressly grant to IDNR the power to enforce this Environmental Covenant. A failure by any party to timely enforce compliance with all or any portion of this Environmental Covenant shall not bar subsequent enforcement by the party and shall not be deemed a waiver of the party's right to take action to enforce any non-compliance. 14. Severability. If any provision of this Environmental Covenant is found to be unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Environmental Covenant shall not be in any way affected or impaired. 15. Governing Law. This Environmental Covenant shall be governed by and interpreted in accordance with the laws of the State of Iowa. 16. Recordation. Grantor shall record this Environmental Covenant in the same manner as a deed to the Property with the Black Hawk County Recorder's Office within ten (10) days after its execution by its last Signatory. 8 Page 74 of 187 17. Effective Date. This Environmental Covenant is effective and legally enforceable by any Signatory on the date of its execution by its last Signatory. 18. Notice. A Notice required or allowed by this Environmental Covenant shall be effective upon its delivery by U. S. Mail, Certified Receipt Requested, or by a receipt from an overnight courier confirming the delivery of the Notice. Unless the other Signatories are notified in writing by a Signatory of a change to whom a notice shall be given, any document or communication related to or required by this Environmental Covenant shall be submitted to: Mayor Quentin Hart City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 Mr. Bruce Morrison Project Coordinator LCRD/ROAG United States Environmental Protection Agency Region 7 11201 Renner Blvd Lenexa, KS 66219 Eric Reeves Vice President and General Counsel Chamberlain Manufacturing Corporation 444 West Lake Street Chicago, IL 60606 19. No Third Party Beneficiaries. The provisions of this Environmental Covenant are for the sole benefit of the Signatories and their successors and permitted assigns, and the provisions shall not be construed as conferring any rights to any other person or entity. 20. Singular and Plural. As the context of this Environmental Covenant may require, words in the singular may include the plural and words in the plural may include the singular. 9 Page 75 of 187 ACKNOWLEDGMENTS GRANTOR City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Quentin M. Hart Mayor, City of Waterloo, Iowa Date: State of Iowa) County of Black Hawk) ss. On this day of , 2020, before me personally appeared Quentin M. Hart, who being duly sworn, did say that he is the Mayor of the City of Waterloo and that the instrument signed on behalf of the City of Waterloo by authority of its City Council and that he acknowledged the execution of said instrument to the be voluntary act and deed of the City of Waterloo and by him voluntarily executed. Notary Public 10 Page 76 of 187 AGENCY: DeAndre Singletary Director, Land, Chemical & Redevelopment Division United States Environmental Protection Agency, Region 7 Date: State of Kansas) County of Johnson) ss. On this day of , 2020, before me personally appeared DeAndre Singletary, who being duly sworn, did say that he/she is the Director of the Land, Chemical & Redevelopment Division, United States Environmental Protection Agency, Region 7, or the lawful designee of the Director, and that he acknowledged the execution of said instrument to the be voluntary act and deed of the United States Environmental Protection Agency, and by him/her voluntarily executed. Notary Public 11 Page 77 of 187 HOLDER: Chamberlain Manufacturing Corporation 444 W. . ke tree Chi .4 ' o, . lin s 51713 Eric A. Reeves Vice President and General Counsel Chamberlain Manufacturing Corporation Date: 3/20/20 State of Illinois) County of Cook) ss. On this 20 day of March , 2020, before me personally appeared Eric A. Reeves, who being duly sworn, did say that he is the Vice President and General Counsel of Chamberlain Manufacturing Corporation and that the instrument signed on behalf of Chamberlain Manufacturing Corporation and that he acknowledged the execution of said instrument to the be voluntary act and deed of the Chamberlain Manufacturing Corporation, and by him voluntarily executed. Notary Public EDITH T LEN° Not official 5(.41 Y Com ry °u91i` - Scate of Illinois mission Expires Jan 31, 2023 12 Page 78 of 187 Exhibit A Legal Description 13 Page 79 of 187 EXHIBIT A 550 Esther Street, Waterloo, Iowa, legally described as: A parcel of land located in parts of Blocks Noy 1 10 and 1:1 "Logan: ai5 Dale e Heights in the City of Waterloo, Iowa, Blocks Nos. 10, 11, 15, and 1€ .:Thiterpr#, P#.aee in hc t.i€y of Waterloo, Iowa, Block No, 6, North Waterloo. Plaeri. an addition to the r _ ay o€ Watt tint, iuwa, the Southwest Quarter of Section No. 13, Township No. 89 North. R i ge No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, and vacated streets and alleys all located in Waterloo, Black Hawk County, Iowa, described as follows: Beginning a the Northwest corner of 1 Ytt N. Its Paint k No, s 1{ o'said "Loon Far Pale x l4ik�lits t'la� F#e e Ali€ieli .89 1e 3.'.re S 34:#i3i#ieite.s `s`$ se ands Bast along tl3t ou her ` in of Anita: Street t a distanee of 138.0(1 feet theiAcc North ils) degree's 10 +r r ��C y Block �p,., 7s.3irgi3.iltr f�:�,,{t�:ct�i?<�#\..�'K3.. €: ii sLt# ��' °i�# ��: tat 51 ? i6..{Ct t iC# the No7tl,Sre s#; eo£3ie of 1.ra;t. No. 1,`Block 3.'do. 1 o3. said. "Logan Dale Hi.ij } t`:7; i€rc'#3C North 90 de 0.0 minutes 10 seconds East a distance of 178.05 feet to the .`" or est , e` ; e Ili Block. 1'io .10:of said 1. litc. pris t rose; thence North 00 degrees 44 minutes '° 37 seconds nSt a distance of 50 00 feetto the Sonthwest cis€too r of Block No, 9 of said Enterprise Place; thence North 90 tie gtz e.s 00 minutes 00 seconds Last along the Northerly line of -vacated Louise Strc i adistance Of a llcl teat to the Southwest Corner of Biock No, 8 of said Enterprise Pkcc; thence Soi. th 00 degrees 28 mintFtes 1 7 seooud_s West a distance of 50.00 feetto he Northwest corner o Block No 1 1 of s rid l`teicrl'4ri se. Place; €lientit3 Netth 89 degrees .55 a it wcs 12 seconds €..as'} altar o tl t S utherl ' title o1. a torso St cet a di`taa eof 99,88 fc t tlicuct.. South 00 t_la glv 44 minutes 44 seconds West a distance of 1913.0 rosy the:nci South 37 degrees. 41n in€itns seconds East a distance of 380.80 feet to the Southwest rimier of € lei: ae No, 12 of said B:#iteiptise. Place; thence South 00 degree 44 minutes 44 seconds otids West a distance of 204.00. it ea f :# the Noahertr gin a,l Brock No10o€ ea#d 3. # 1 11 l ac lae.v; thelflf.T,.South 32 tkegxecs 37 minutes 07 seconds West a distance of 492. 3 7 feiet., thence Sohth 14 rlegrees 45 Minutes 0, i, seconds East a distance of 239..21 tee t€;ether Nor.£ii. 76 degrees 47 t�:T a A. lithos OS S,.e#i3c1, iWest a distance of 14.81 e cth the.nce.Sonth€ 10 degre s t1.3. rrt mil s lw set.onds. est.a distance of 40.00feet to'the• Northerly E.-O-W line of the Waterloo Railroad Coixapanv, thence Westerly. along _> t.tityi . coneai ' Southerly and having a radius of 1838 812 1ht nd a tong iiiw;`ectgN' i 84 degi eii6 minutes 33 seconds West a distance of a fe et; 1 z<t: thence North 89degreea 5.3 minutes 41 senonds West along said N<.ntherly RtO. W hoe a distance of 399.21 .feet to the t1asteriy lino of East 1 ourt.li Street; thence Not'th (10 degrees 13 minutes s 3 neoonds We=t along the l astei'lS 1Eai"• sat list Fourth Street.a.disktinceof 188. 2 feet to t.lie Northwest corner, ofi..ot•No, 9, 131oe k No, 11 of said "Logaii Dale Heights"; tx enci: South e89 degrees 45 n0oute s .v9 seconds East i# i1t«Fitie of 119.54 feet to the Northeast corner of Lot N y Block No. 11 o.€;paid 'Togan Dale Height <";. thence South 00 degrees 13 minutes 20 seconds West a disttan e oil' 149,89 . :t to li, Southeosi: corner nei of Lot No. Block No. 11 of said"Logan e �.� l.ltal ` 110ai>att tli�.€�s c ;�<3€atl7 ��,r d.14=ae.637. minutes 47 seconds East a distance of 14,00 feet to the Southwest comer of of N a 6 Block No, 11 of said '10z 'iris 1'ale 11eiialits 'Flaerice North 00 degrees s l::i minutes 29 st;t oni ;i z as£ ci dis.<3nee of 359.80 le:et tti the Southwest corner of Lot Nol lfacak i t , 10 of said "Logan •.Dales Hess i>t;z': thence North 89 degrees 47 minutes 37 seconds West a d€sianc e of 14,.00. :=ee€10 thethe.Southenst eo€ftt:Y` of Lot Nota, lflat .k.No 1 < of said 1ogan Dole 'Heights"; thence North 0.0 degiees J06 minutes ,# 1 yt eonds West along ale a ai let ly line of Lot, Nos. 9 and 10,.rood, 1No. 10 of said "Logan Pale: l$, €gl 1s i distance o€ 6 ,.03 to et; alenee.North 89 degrees 47 minutes 37 seconds West a distal c r Ol 121 10 €c e t toi the Easterly i ly line of East Fourth Street; t€� _ 0 1 .3i>°Eit rS :3, seconds f t?F_ i.t Wirth '� #off degrees 2 West, along .ate i i1 1;.i,€c.,ly.t€i; ofEast l =':ite:lattw.,>t a tli.t a feet to the €`on3, oi` be2 `ina..:.a` a i�:t t 1 ;a is And also, Lot No. 12, Block No. 11 of said "Logan Dale Heights." Page 80 of 187 And also, Lots Nos. 13, 14, 17 and 18, Block No. 6, North Waterloo Place, an addition to the City of Waterloo, Iowa. NOTE: The North line of Louise Street is assumed to bear North 90 degrees 00 Fninutes 00 seconds East. AND The `youth 10 f Y t :-if Anita S c :t from the East I si p of East Fou t Street to a point 13g.02 fect East, vacated and adjoining Block No. 1.0 in 'Logan Dale Heights" in the City of Waterfoo, Iowa; AND Lot No, 9 and the South 15 feet of Lot No. 10 in Block No, 10; and Lots Nos. 10 and 11 in Block No. 11. in "Logan Dale Heights" in the City of Waterloo, Iowa. a/k/a Parcels 891313176002 891313131012 8913131.31011 891313131008 891313131007 891313176009 891313176008 891313176006 891313176007 Page 81 of 187 Exhibit B September 25, 2017 Access Agreement 14 Page 82 of 187 Number: 201800006453 Recorded: 10/11/2017 at 4:20:21.873 PM Fee Amount: $42.00 Revenue Tax: Sandie L. Smith, RECORDER Black Hawk County, Iowa .ACCESS AGREEMENT Recorder's Cover Sheet Preparer Inforn3ation: (Elaine, address and phone number) Eric W. Johnson, PAD, Box 78, Waterloo, .IA 50704-0178 (319)234-1766 Taxpayer Information: (name and cornp!ete address) n/a Return Document To: (natne and complete addre,ss) Erie W. Johnson, P,O. Box 178, Waterloo, IA 50704-0178 Grantors; City of Waterloo Grantees: Chamberlain Manufacturing Corporation Legal Description See attached Exhibit "IV Document or instrument number of previously recorded documents: Page 83 of 187 ACCESS AGREEMENT This ACCESS AGREEMENT ("Agreement") is made and entered into as of = 25 2017, by and between Chamberlain Manufacturing Corporation ("Licensee") and the City of Waterloo, aterloo, Iowa ("Licensor"). WHEREAS, Licensor is the owner of real property located at 550 Esther Street, 'Waterloo, .Iowa (the "Property"); arrd WHEREAS, Licensee wishes to enter upon Licensor's Property fhr the purpose of performing all activities .required of Licensee by the United States lEiviron.mental Protection Agency at the Property (the "Work") and Licensor desires to permit such access; and NOW THEREFORE, in consideration of the mutual covenants and agreements described below, and for good and valuable consideration, receipt of which. is hereby acknowledged, it is agreed; 1. Access. Licensor does hereby grant to Licensee and its agents, employees, consultants, contractors and subcontractors (collectively its "Representatives") along with the United States Environmental Protection Agency, the Iowa Department of Natural Resources and their respective representatives, contractors, and subcontractors thereof, reasonable access to the Property in connection with the Work. This Agreement replaces ir3.full the Access Agreement between Licensor and Licensee dated May 5, 2014 (the "Previous Agreement"). The par -ties agree that the Previous Agreement is hereby rescinded as of the date of this Agreement. 2, R.Sr.i•it tuna on Use o1l'.t`ojx x't . Licensor shall retrain from using the Property in any manner that will pose an unacceptable risk to h.um.an. health or to the environment due, or interfere with or ad.ve.rsely affect the implementation, integrity, or protectiveness of the Work or interfere with Licensee's performance of the Work, including, but not limited to, the following: (a) Ensuring that all equipment placed on the Property in connection with the Work remains un.dis turbed, including providing fencing and security as necessary; (b) Not using or permitting the use of groundwater beneath the Property or, to the extent necessary, in the vicinity of the Property; (c) Not disturbing any soil on the Property without taking proper precautions to prevent exposure to or dispersion of any hazardous contaminants in the soil; and (d) Not permitting any activities, including demolition or construction activities, to occur on the Property without the express written agreement of Licensee. Licensor acknowledges that restrictions on the future use of the Property and, with respect to the use of groundwater, surrounding properties may be recorded against the deed to the Property and., with respect to the use of groundwater, surrounding properties in connection with the Work, including, but not limited to, prohibitions on the use of groundwater, limitations on. the future uses of the Property, requirements for vapor snit€ration systems or barriers in any buildings Page 84 of 187 constructed on the Property and protection for workers during construction activities on the Property. Licensor agrees that it will cooperate with Licensee in recording such restrictions against the deed, including, but not limited to, upon request by Licensee, promptly exe.enting and recording any necessary notices or other documents. in addition, at the request of. :Licensee, Licensor agrees that it will take all necessary actions to restrict the use of groundwater at surrounding properties including, but not limited to, a prohibition on. the use of groundwater by ordinance. Licensor shall cooperate with Licensee in obtaining a revised order from the United State.:s I:,',n.vironmerital Protection Agency memorializing the work to be performed on the Property by Licensee and Licensors obligations and agreements pursuant to this Agreement. 3. Permits, Licensee shall obtain, -at its sole cost and expense, all permits and. authorizations of whatever nature front any and all governmental agencies as are necessary for the Work. .in connection therewith, Licensee will compl's,, and will cause its Representatives to comply with all applicable federal, state and Local laws, regulations, permits, permit conditions, standards, directives, guidelines, and judicia and administrative orders and. decrees as are applicable to all ;activities conducted by Licensee or its Representatives on the Property pursuant to this Agreement (collectively "Laws"). Licensor shall cooperate with Licensee by executing, upon request by Licensee, any applications or other documents necessary to obtain any governmental approvals required in connection with the Work. 4. Apprdvals and NolalcatiOns, All notices, demands, requests and other communications required by the Agreement shall Pc given to the following person: For Licensor: For Licensee: City of Waterloo, Iowa 715 Mulberry St. Attention: Mayor .. on c Duchossoi s Group, In 444 W,Lake....St: Chicago, IL 60606 Attention Presi dent and Genera I Counsel 5. •Ufdli4„, Licensor agrees to promptly provide Licensee and its kepresentative with copies of any maps of the Property in Licensor's possession showing the location of underground utilities. Notwithstanding this Section '5, Licensee and its Representatives shall not be responsible for the repair of underground utilities that are not shown on the maps provided by Licensor, 6. Indemnity. Licensee agrees to he responsible for and does hereby hold Licensor harmless from any and all claims, liabilities, damages, losses, costs and expenses arising out of any personal. injury or property darnage (individually and collectively, "Damages") which directly results from. Licensee or its Representativesnegligence in connection with Licensee's Page 85 of 187 access to the Property pursuant to this Agreement; provided however, Licensee shall have no i.ndeninity obligations under this Agreement or otherwise for Damages incurred by Licensor through its actions or omissions covered by Sections 2 and. 5, above. Notwithstandin.g any other provision of this Agreement, .Licensee does not assunie any responsibility .for any condition (including, but not limited to, the environmental condition) at the Property that does not directly result from Licensee's negligence in connection with Licensee's access to the Property pursuant to this Agreement including, but not limited to, any environmental condition on the Property existing as of the date of this Agreement. 7. lee. Subject to Section 6 above, Licensor hereby waives, releases, acquits, and forever discharges Licensee, its officers, directors, partners, employees or agents, or any other person acting cm behalf of :Licensee, of and from any and all claims, actions, causes of action, demands, rights, damages (including, but not limited to, consequential damages), costs, expenses, or compensation whatsoever, direct or indirect, kno,,v.r3 or unknown, foreseen. or unforeseen, Which Licensor now has or may have or which may arise in the future on account of or in any way growing out of or in connection with the Property or Licensee's occupancy thereof including, but not limited to, claims for past investigation costs, consulting costs, laboratory costs, attorneysfees, loss of rent, and increased costs of insurance, 8. liNpMS:3 DniaiOf..RoSporiSibilityLiabilitV, It is expressly understood and agreed that neither the execution of this Agreement, nor the tender or receipt of any payment, nor the performance of any obligation recited herein is intended or shall be understood as an acknowledgement of responsibility, admission of liability or of any fact, or other expression. reflecting upon the merits of any claim against Licensee; and any such responsibility or liability is expressly denied. 9. Term_ This Agreement shall continue and shall not be revocable by Licensor so long as Licensee is required to have access to the Property in order to perform the Work. Section 2 and 7 of this Agreement shall survive. termination of this Agreement. In the event Licensor sells or otherwise transfer any interest in the Property, Licensor shall require that the transferee execute an agreement providing Licensee with all rights provided to Licensee pursuant to this Agreement, including requiring the transferee to abide. by and fulfill all of Licensor's obligations in this .Agreement, including, but not limited. to, Licensor's obligations in Section 2 and. the release in Section 7„ Licensor shall notity notifyLieenseein writing prior to any proposed transfer of an.y interest in the Property, 10, K,Thsgy,:1?,fLas,:.s,!.. This Agreement shall be governed by Iowa substantive law, excluding choice of law rules, 1 I. CoMplet&Agwetnent, This document constitutes the full and entire agreement between the parties hereto. There are no other understandings, oral or written, relating to the subject matter of this Agreement, This Agreement may not be changed, modified or amended, in whole or in part, except in writir3g, signed by aU parties hereto. 12. Soma:1)114y: If any term, condition or provision of this ,Agreement, or the application thereof to any person, party or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, the reroaind.er of the terms, covenants, Page 86 of 187 conditions and provisions of this Agreement and the application. thereof to any person, party, or circumstance., shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby, 13 Jiindirm Agreement Licensor represents and warrants that he or she is authorized to execute this Agreement on behalf of Licensor including, but not limited to, obtaining any necessary consents or approvals of any governing body of Licensor, and that this Agreement, when executed, shall be a valid and binding obligation of Licensor, in accordance with its terms. AGREED AND ACCEPTED BY: CITY OF WATERLOO, Licensor 6. N UFACTi RING CORPORATION, Licensee By: tV2,44,8te% Eric Reeves Title: Vice President and General Counsel _4 Page 87 of 187 STATE OF IOWA '6 COUNTY OF BLACK HAWK )ss This record was acknowledged before me on this Mayor of the City of Waterloo, Iowa. tf • Notary itthliC day of October, 2017, by Quentin Hart, as STATE OF IOWA ) COUNTY OF BLACK HAWK )ss This record was acknowledged before me on this Z4, day of September, 2017, by Eric Reeves, as 'Vice President and General Counsel of Chamberlain Manufacturing Corporation. t.. o try Public xr {n,z NOWASth 4Lr Page 88 of 187 EXHIBIT A 550 Esther Street, Waterloo, Iowa, legally described as: A parcel of land located in parts of Blocks Noy 1 10 and 1:1 "Logan: ai5 Dale e Heights in the City of Waterloo, Iowa, Blocks Nos. 10, 11, 15, and 1€ .:Thiterpr#, P#.aee in hc t.i€y of Waterloo, Iowa, Block No, 6, North Waterloo. Plaeri. an addition to the r _ ay o€ Watt tint, iuwa, the Southwest Quarter of Section No. 13, Township No. 89 North. R i ge No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, and vacated streets and alleys all located in Waterloo, Black Hawk County, Iowa, described as follows: Beginning a the Northwest corner of 1 Ytt N. Its Paint k No, s 1{ o'said "Loon Far Pale x l4ik�lits t'la� F#e e Ali€ieli .89 1e 3.'.re S 34:#i3i#ieite.s `s`$ se ands Bast along tl3t ou her ` in of Anita: Street t a distanee of 138.0(1 feet theiAcc North ils) degree's 10 +r r ��C y Block �p,., 7s.3irgi3.iltr f�:�,,{t�:ct�i?<�#\..�'K3.. €: ii sLt# ��' °i�# ��: tat 51 ? i6..{Ct t iC# the No7tl,Sre s#; eo£3ie of 1.ra;t. No. 1,`Block 3.'do. 1 o3. said. "Logan Dale Hi.ij } t`:7; i€rc'#3C North 90 de 0.0 minutes 10 seconds East a distance of 178.05 feet to the .`" or est , e` ; e Ili Block. 1'io .10:of said 1. litc. pris t rose; thence North 00 degrees 44 minutes '° 37 seconds nSt a distance of 50 00 feetto the Sonthwest cis€too r of Block No, 9 of said Enterprise Place; thence North 90 tie gtz e.s 00 minutes 00 seconds Last along the Northerly line of -vacated Louise Strc i adistance Of a llcl teat to the Southwest Corner of Biock No, 8 of said Enterprise Pkcc; thence Soi. th 00 degrees 28 mintFtes 1 7 seooud_s West a distance of 50.00 feetto he Northwest corner o Block No 1 1 of s rid l`teicrl'4ri se. Place; €lientit3 Netth 89 degrees .55 a it wcs 12 seconds €..as'} altar o tl t S utherl ' title o1. a torso St cet a di`taa eof 99,88 fc t tlicuct.. South 00 t_la glv 44 minutes 44 seconds West a distance of 1913.0 rosy the:nci South 37 degrees. 41n in€itns seconds East a distance of 380.80 feet to the Southwest rimier of € lei: ae No, 12 of said B:#iteiptise. Place; thence South 00 degree 44 minutes 44 seconds otids West a distance of 204.00. it ea f :# the Noahertr gin a,l Brock No10o€ ea#d 3. # 1 11 l ac lae.v; thelflf.T,.South 32 tkegxecs 37 minutes 07 secondsWest a distance of 492. 37 feiet., thence Sohth 14 rlegrees 45 Minutes 05 seconds East a distance of 239..21 tee t€;ether Nor.£ii. 76 degrees 47 t�:T a A. lithos 05 S,.e#i3c1, iWest a distance of 14.81 e cth the.nce.Sonth€ 10 degre s t1.3. rrt mil s lw set.onds. est.a distance of 40.00feet to'the• Northerly E.-O-W line of the Waterloo Railroad Coixapanv, thence Westerly. along _> t.tityi . coneai ' Southerly and having a radius of 1838 812 1ht nd a tong iiiw;`ectgN' i 84 degi eii6 minutes 33 seconds West a distance of a fe et; 1 z<t: thence North 89degreea 5.3 minutes 41 senonds West along said N<.ntherly RtO. W hoe a distance of 399.21 .feet to the t1asteriy lino of East 1 ourt.li Street; thence Not'th (10 degrees 13 minutes s 3 neoonds We=t along the l astei'lS 1Eai"• sat list Fourth Street.a.disktinceof 188. 2 feet to t.lie Northwest corner, ofi..ot•No, 9, 131oe k No, 11 of said "Logaii Dale Heights"; tx enci: South e89 degrees 45 n0oute s .v9 seconds East i# i1t«Fitie of 119.54 feet to the Northeast corner of Lot N y Block No. 11 o.€;paid 'Togan Dale Height <";. thence South 00 degrees 13 minutes 20 seconds West a disttan e oil' 149,89 . :t to li, Southeosi: corner nei of Lot No. Block No. 11 of said"Logan e �.� l.ltal ` 110ai>att tli�.€�s c ;�<3€atl7 ��,r d.14=ae.637. minutes 47 seconds East a distance of 14,00 feet to the Southwest comer of of N a 6 Block No, 11 of said '10z 'iris 1'ale 11eiialits 'Flaerice North 00 degrees s l::i minutes 29 st;t oni ;i z as£ ci dis.<3nee of 359.80 le:et tti the Southwest corner of Lot Nol lfacak i t , 10 of said "Logan •.Dales Hess i>t;z': thence North 89 degrees 47 minutes 37 seconds West a d€sianc e of 14,.00. :=ee€10 thethe.Southenst eo€ftt:Y` of Lot No9, lflat .k.No 1 < of said 1ogan Dole 'Heights"; thence North 0.0 degiees J06 minutes ,# 1 yt eonds West along ale a ai let ly line of Lot, Nos. 9 and 10,.rood, 1No. 10 of said "Logan Pale: l$, €gl 1s i distance o€ 6 ,.03 to et; alenee.North 89 degrees 47 minutes 37 seconds West a distal c r Ol 121 10 €c e t toi the Easterly i ly line of East Fourth Street; t€� _ 0 1 .3i>°Eit rS :3, seconds f t?F_ i.t Wirth '� #off degrees 2 West, along .ate i i1 1;.i,€c.,ly.t€i; ofEast l =':ite:lattw.,>t a tli.t a feet to the €`on3, oi` be2 `ina..:.a` a i�:t t 1 ;a is And also, Lot No. 12, Block No. 11 of said "Logan Dale Heights." Page 89 of 187 And also, Lots Nos. 13, 14, 17 and 18, Block No. 6, North Waterloo Place, an addition to the City of Waterloo, Iowa. NOTE: The North line of Louise Street is assumed to bear North 90 degrees 00 Fninutes 00 seconds East. AND The `youth 10 f Y t :-if Anita 8 c :t from the East I si p of East Fou t Street to a point 13g.02 fect East, vacated and adjoining Block No. 1.0 in 'Logan Dale Heights" in the City of Waterfoo, Iowa; AND Lot No, 9 and the South 15 feet of Lot No. 10 in Block No, 10; and Lots Nos. 10 and 11 in Block No. 11. in "Logan Dale Heights" in the City of Waterloo, Iowa. a/k/a Parcels 891313176002 891313131012 8913131.31011 891313131008 891313131007 891313176009 891313176008 891313176006 891313176007 Page 90 of 187 CITY OF WATERLOO Council Communication Resolution rejecting the bid of WRH, Inc., ofAmana, Iowa, in the amount of $6,292,360, in conjunction with FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 4/29/2020 - 10:31 AM Clerk Office Even, LeAnn Approved 4/29/2020 - 10:57 AM SUBJECT: Resolution rejecting the bid of WRH, Inc., of Amana, Iowa, in the amount of $6,292,360, in conjunction with FY 2020 SR Gatewell Repairs. Contract No. 951. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Recommended Action: Reject bid and return bid bond to contractor. Summary Statement: Background Information: Rejecting bids at this time as bids exceeded available funding. Working with staff and AECOM to determine funding to sI into multiple phases to meet available funding. Page 91 of 187 CITY OF WATERLOO Council Communication Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $3,196,984, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements - Phase I, Contract No. 1016, with City matching funds of $3,196,984, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 4/29/2020 - 9:52 AM Clerk Office Even, LeAnn Approved 4/29/2020 - 10:05 AM ATTACHMENTS: Description Type ❑ Cont 1016_RISE Agreement Cover Memo SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $3,196,984, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements - Phase I, Contract No. 1016, with City matching funds of $3,196,984, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer This Agreement with Iowa DOT is for $3,196,984.00 in RISE funding. Waterloo's 50% match amounts to $3,196,984.00 for grand total project funds of $6,393,968.00. GO Bonds Page 92 of 187 Iowa Department of Transportation Agreement for a Revitalize Iowa's Sound Economy Program (RISE) Project RECIPIENT: Waterloo PROJECT NO: RM-8155(772)--9D-07 IOWA DOT AGREEMENT NO.: 2020-R-012 This is an agreement between Waterloo (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315, and the application was approved by Transportation Commission Order No. PPM-2020-61 on April 14, 2020. Pursuant to the terms of this agreement, and applicable statutes and administrative rules the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with the construction of a roundabout at Shaulis Road and Hess road, turn lanes at Lost Island Waterpark and new theme park entrance, culvert for Sink Creek, raising Shaulis Road, traffic signal at new theme park entrance, extension of Shaulis Road and traffic signal modifications along Shaulis Road all located on the southeast side of town. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be Jennifer Kolacia, Systems Planning Bureau, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1738, email Jennifer.Kolacia@iowadot.us. The Recipient's contact person shall be Noel Anderson, Community Planning & Development Director, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, noel.anderson@waterloo-ia.org, 319-291-4366. 3. The Recipient shall be responsible for the development and completion of the following described project: Construction of a roundabout at Shaulis Road and Hess road, turn lanes at Lost Island Waterpark and new theme park entrance, culvert for Sink Creek, raising Shaulis Road, traffic signal at new theme park entrance, extension of Shaulis Road and traffic signal modifications along Shaulis Road all located on the southeast side of town. Project is necessary to support tourism by providing improved access to the proposed Lost Island Theme Park. See Exhibit A. Page 93 of 187 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, date of project approval (funding commitment) by the Transportation Commission shall be paid as follows: City RISE Funds: $3,196,984 Waterloo Local Contribution: $3,196,984 Project Total: $6,393,968 5. The local contribution stated above may include cash or non -cash contributions to the project. The Recipient shall certify to the DOT the value of any non -cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non -cash contribution for the purposes of this agreement. If, as a result of the DOT's determination, the Recipient's total cash and non -cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion of total project costs paid by RISE grant shall not exceed the amount stated above $3,196,984 or 50 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DOT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients so affected. 11. The attached project implementation schedule, Exhibit D, shall be used unless the Recipient submits to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a revised implementation schedule. Page 94 of 187 12. The Recipient must have let the contract or construction started within three years of the date this project is approved by DOT. If the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement is not assignable without the prior written consent of the DOT. 17. If the project described in Section 3 of this agreement crosses a DOT primary road, then: A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Road Design and Maintenance Bureau with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this projects' purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this projects' purposes shall be subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. Page 95 of 187 18. The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal -aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 19. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOT's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal -aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 20. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. The Recipient shall complete all known required environmental permits before the project is advertised for letting. In addition, the Recipient shall fully comply with all applicable environmental requirements before funds are reimbursed or credited. The approval of the project application for funding nor the signing of this agreement nor the concurrence to advertise shall be construed as approval of any required permit from DOT. 21. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter (IAC) 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 22. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 23. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at Page 96 of 187 least thirty (30) days prior to the project advertising of each division. Project cannot be advertised until DOT concurrence has been acquired. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project letting. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 24. The Recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 25. The Recipient shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The Recipient shall also make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the Recipient if requested. 26. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 27. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than five percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If, upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 28. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project the Recipient shall furnish a set of "as -built" plans of the project to the DOT. Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. Page 97 of 187 29. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 30. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews and funding participation. 31. This agreement may be declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 32. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 33. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement, the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 34. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. Page 98 of 187 35. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DOT. Failure to comply with this provision may be considered a default of this agreement. 36. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 37. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E which is attached hereto and by this reference incorporated into this agreement. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. 39. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40. Local Development: The Recipient shall notify the DOT's contact person within 30 days of the date the RISE project was constructed and open to traffic. The Recipient shall certify to the DOT's contact person within three years of the date the RISE project is constructed and open to traffic any associated economic development which has resulted from the project, including infrastructure improvements, capital investment, and/or job creation. This certification by the Recipient is subject to review by the DOT. The DOT shall monitor the progress of the associated economic development following the construction of the RISE project. Failure to certify the associated economic development shall be considered a default under this agreement. 41. This agreement as set forth in sections 1 through 41 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. Page 99 of 187 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2020-R-012 as of the date shown opposite its signature below. RECIPIENT: Waterloo By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 By: Date , 20 Craig Markley Director Systems Planning Bureau Page 100 of 187 Exhibit A Project Site Map: Page 101 of 187 Exhibit B Project activities or costs eligible for RISE funding, and which may be counted as part of the non -RISE participation in immediate opportunity and local development roadway projects, include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement overlays and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction. c. Roadway intersection and interchange improvements including warranted traffic signalization when it is integral to the improvement. d. Public transportation system improvements, including but not limited to bus shelters, bus turnouts, and passenger information signage, when they are integral to the roadway improvement and were approved for inclusion in the project by the Department prior to the funding commitment. e. Bicycle and pedestrian infrastructure improvements, including but not limited to sidewalks, at -grade pedestrian crossings, bike lanes, and separated bike lanes, when they are integral to the roadway improvement and were approved for inclusion in the project by the Department prior to the funding commitment. f. Right-of-way acquisition costs, including but not limited to appraisals, negotiation, compensation, and cultural resources surveys necessary to comply with applicable local, state and federal laws, rules and regulations. g. Construction or improvement of motorist rest areas, welcome centers and information centers. h. Design engineering costs leading to construction plan development and construction inspection costs associated with RISE -financed projects. i. County and City bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to funding commitment shall be eligible. Storm drainage and storm sewer costs to the extent needed for draining the roadway. k. Reconstruction or adjustment of utilities, including but not limited to water, sanitary sewer, electric, telephone, and natural gas, when utilities are located on private property and require replacement or relocation due to project construction; or said utilities are located in the public right-of-way and the utility is not required to relocate at its own expense. 1. Costs associated with the acquisition of local, state and federal permits required for roadway construction. Page 102 of 187 Exhibit C Activities or costs ineligible for RISE funding, and which may not be counted as part of the non - RISE participation in immediate opportunity or local development roadway projects, include but are not limited to the following: a. Any and all costs incurred prior to a funding commitment by the Transportation Commission unless granted advance eligibility to incur costs according to Administrative Rule 761-163.9(315)- b. Routine roadway, bridge and culvert maintenance, including but not limited to pothole filling, crack sealing, seal coating, patching, shoulder maintenance, gravel or earth roadway maintenance, and bridge painting. c. Winter roadway and bridge maintenance, including but not limited to snow plowing, sanding and salting. d. Overhead and operating costs associated with eligible project activities, including auditing. e. Expenses associated with the preparation and submission of applications for RISE funding. f. Pre -design engineering, feasibility or alignment studies, and other planning expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. i. Utility construction, reconstruction or adjustment except for those activities or costs described in Exhibit B, Item k. Safety appurtenances, except as an integral part of a roadway project. k. Lighting, except as an integral part of a roadway project. 1. Lighting energy and maintenance costs. m. Sidewalks, bicycle paths and railroad -highway crossings, except when replacing those facilities in service and affected by the project, or as an integral part of a roadway project. n. Parking expenditures, including those for structure, lots, meters, paving, and marking whether on -street or off-street parking. o. Non -roadway transportation expenditures, including those for railway, aviation, public transportation and inland waterway facilities and equipment. p. Purchase of furnishings, construction equipment and personal property. Page 103 of 187 q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. r. Donated right of way. Page 104 of 187 Exhibit D Project Implementation Schedule: Commission Approval Date: April 14, 2020 Construction: July 2020 Project Closeout: December 2021 Page 105 of 187 Exhibit E CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects) March 2019 Page 106 of 187 March 2019 CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal -aid Projects (Third-partyState-AssistedProjects) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(10), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service -disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State -assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 200 East Grand Avenue Des Moines, IA 50309 Phone: (515-348-6159) Website: https://iowaeconomicdevelopment.com/tsb 4. THE CONTRACTORS TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore, the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State -assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State -assisted programs. 5. CONTRACTOR SHALL APPOINTAN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Economic Development Authority (515-348-6159) to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. Page 1 Page 107 of 187 TSB Affirmative Action Responsibilities E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially usefulfunction. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACTAWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact Information". This form includes: (1) (2) (3) (4) (5) Name(s) of the TSB(s) contacted regarding subcontractable items. Date ofthe contract. Whether or not a TSB bid/quotation was received. Whether or not the TSB's bid/quotation was used. The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre -bid Contact Information form. Page 2 Page 108 of 187 TSB Affirmative Action Responsibilities C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre -bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre -solicitation or pre -bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority -focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors' groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files fora period of three (3) years after the completion of the project and be available for examination by the Iowa Economic Development Authority. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Form "TSB Pre -bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. Page 3 Page 109 of 187 Form 730007WP 7-97 Contractor Project# County City TARGETED SMALL BUSINESS (TSB) PRE -BID CONTACT INFORMATION (To Be Completed By All Bidders Per The Current Contract Provision) Page# In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE -BID TARGETED SMALL BUSINESS (TSBCONTACTS SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: Page 4 Page 110 of 187 March 2019 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515- 348-6159) or from its website at: https://iowaeconomicdevelopment.com/tsb. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available from the Administering Office. b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. Page 5 Page 111 of 187 March 2019 The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Page 6 Page 112 of 187 March 2019 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? -YES ❑NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES I— NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date Page 7 Page 113 of 187 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, in an amount not to exceed $105,000, in conjunction with the FY 2020 Newell Street Rise Project, Contract 991, and authorizing the Mayor to execute said document. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 4/29/2020 - 10:31 AM Clerk Office Even, LeAnn Approved 4/29/2020 - 10:54 AM ATTACHMENTS: Description Type ❑ Cont 991_MMS PSA Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Resolution approving a Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, in an amount not to exceed $105,000, in conjunction with the FY 2020 Newell Street Rise Project, Contract 991, and authorizing the Mayor to execute said document. Submitted By Matt Schindel, Associate Engineer $105,000.00 Local Option Sales Tax Page 114 of 187 fel/ MMS CONSULTANTS, INC. Professional Services Agreement This is an Agreement made as of , 2020, between MMS Consultants, Inc. (MMS) and the City of Waterloo, Iowa. (CLIENT - legally responsible party). CLIENT hereby engages MMS Consultants, Inc. to perform services as outlined and according to the terms and conditions expressed herein. Services: Bidding and Construction Services for FY 2020 Newell Street RISE Project - Waterloo, Iowa. MMS and CLIENT agree: 1. Scope of Services. MMS shall perform the services as stated in Exhibit 1, which shall hereinafter be referred to as the "Project." In the event the scope of services changes during the term of this Agreement, the parties shall execute a written change order specifying the nature of the change in the scope of services and any associated change in the payment required. 2. Compensation and Payment. Client shall compensate MMS for MMS's services as stated in Exhibit 2. 3. Terms and Conditions. MMS shall provide professional services in accordance with the terms and conditions stated in Exhibit 3. The terms and conditions contained within this Agreement shall apply to all change orders related to this project. 4. The following exhibits are attached to and made part of this Agreement: Exhibit 1— Scope of Services Exhibit 2 — Compensation Exhibit 3 — Standard Terms & Conditions IN WITNESS WHEREOF, the parties below have executed this Agreement as of the day and year first above written. MMS Consultants. Inc. Client Acceptance: C By: 5T`1"s' AU Signed By: Printed Name: Address for giving notices: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 If CLIENT is a public body, attach evidence of authority to sign and resolution or other document authorizing execution of AGREEMENT. Page 1 of 1 Page 115 of 187 MMS CONSULTANTS, INC. Professional Services Agreement Exhibit 1 — Scope of Services Services: Bidding and Construction Services for FY 2020 Newell Street RISE Project - Waterloo, Iowa. BASIC SERVICES SHALL INCLUDE: A. BIDDING SERVICES 1. Prepare 25 copies of the bid documents and deliver to City of Waterloo for distribution to bidders. The City of Waterloo will distribute plans to bidders and keep and update the plan holders list. 2. Provide additional copies of the bid documents as required for distribution to bidders. 3. Send all addenda to City of Waterloo in electronic format for distribution to bidders as required. B. CONSTRUCTION STAKING, INSPECTION AND ADMINISTRATION 1. Assist City with administration of the contract 2. Provide on -site inspection of the construction to ensure conformance with the plans and specifications and RISE grant requirements. Fee based on average of 25 hours per week of on -site inspection. 3. Review and approve pay requests and change orders 4. Construction layout staking 5. Schedule and attend preconstruction conference 6. Review submittals 7. Assist City with correspondence with Iowa DOT to ensure project conformance with RISE grant requirements. Page 1 of 1 Page 116 of 187 MMS CONSULTANTS, INC. Professional Services Agreement Exhibit 2 — Compensation and Payment Services: Bidding and Construction Services for FY 2020 Newell Street RISE Project Waterloo, Iowa. 1.0 Client shall pay MMS as follows: A. Lump sum in the amount of $2,500 for the scope outlined in Item A in Exhibit 1. Lump sum in the amount of $102,500 for the scope outlined in Item B in Exhibit 1. This fee does not include application or permit fees, outside services, equipment or materials. All additions and changes to scope of services shall be agreed upon by use of a Change Order signed by both MMS and Client. All conditions for payment of Change orders will be the same as the conditions for payment within the original Agreement. B. Invoices will be prepared monthly in accordance with MMS standard invoicing practices and submitted to Client. Invoices are due upon receipt. If Client fails to make any payment due to MMS for services and expenses within 60 days after date of MMS invoice, the amounts due MMS will be increased at the rate of 1.5% per month from the 60th day after invoice date. In addition, MMS may, without liability and not in lieu of any other rights MMS may have at law or in equity, after giving seven days written notice to Client, suspend services under this Agreement until MMS has been paid in full all amounts due for services, expenses, and other related charges. In addition, in any action to collect unpaid amounts due pursuant to this Agreement, Client shall pay all cost of collection including but not limited to court costs and MMS's attorney's fees. Payments will be credited first to interest and then to principal. C. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion shall be paid. D. Upon complete execution of this Agreement, MMS shall have the right to commence the performance of its services immediately and shall continue its performance of said services thereafter until said services are complete. Client shall not have the right to terminate this Agreement or to cancel MMS's services unless the entire project of which MMS's services are a component part has been ceased or cancelled. In said event, Client shall give MMS written notice of the termination of the project and MMS shall be entitled to payment for any services performed or expenses incurred prior to receipt of said written notice. Page 1 of 1 Page 117 of 187 Professional Services Agreement Exhibit 3 -- Terms and Conditions Services: Bidding and Construction Services for FY 2020 Newell Street RISE Project - Waterloo, Iowa. A. Standard of Care will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. MMS makes no warranties, express or implied, under this Agreement or otherwise, in connection with services required to be performed by this Agreement. MMS and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers and suppliers. B. MMS shall not at any time supervise, direct or have control over any contractor's work, nor shall MMS have authority aver or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. C. MMS neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. D. MMS Shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except MMS's own employees) at the Project site or otherwise furnishing or performing any construction work in connection with the Project; or for any decision made based on interpretations or clarifications of the construction contract given by Owner without consultation with and advice of MMS. E. All design documents prepared or furnished by MMS are instruments of service and MMS retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. F. To the fullest extent permitted by law, Client and MMS (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that MMS's total liability to Client under this Agreement shall be limited to the total amount of the compensation received by MMS pursuant to this Agreement. G. The information and services provided by MMS pursuant to this Agreement are intended for use only by Client. No third party shall have any right arising from this Agreement or the documents produced pursuant to this Agreement. As additional consideration for the performance the services called for hereunder, Client agrees to hold harmless and indemnify MMS and its employees, officer, directors, and agents for all costs, expenses, legal fees, awards, settlements, and judgments in any legal proceeding brought by any third party who claims that he or she relied on representations made in such documents and was damaged thereby. Client's request that MMS release copies of documents produced pursuant to the terms of this Agreement shall be at Client's risk with respect to the contents of this paragraph. H. If Client claims that MMS has made an error in any of the services provided hereunder, Client will inform MMS of the alleged error and allow MMS to inspect the property before Client takes any action to correct the alleged error or which would otherwise make it difficult or impossible for MMS to evaluate the existence of the alleged error. If Client repairs or otherwise provides a remedy for such alleged error or further disturbs the property such that it becomes impossible for MMS to confirm the existence or otherwise evaluate the alleged error, Client waives any and all actions against MMS for such alleged error. I. Client shall indemnify and reimburse MMS for any and all costs and expenses associated with any civil action arising under this Agreement, including but not limited to attorney's fees, costs, and expenses, unless Client unilaterally prevails in a court of competent jurisdiction. J. Upon complete execution of the Agreement, MMS shall have the right to commence the performance of its services immediately and shall continue its performance of said services thereafter until said services are complete. Client shall not have the right to terminate this Agreement or to cancel MMS's services unless the entire project of which MMS's services are a component part has been ceased or cancelled. In said event, Client shall give MMS written notice of the termination of the project and MMS shall be entitled to payment for any services performed or expenses incurred prior to receipt of said written notice. Page 1 of 1 Page 118 of 187 CITY OF WATERLOO Council Communication Resolution approving the Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $59,900, in conjunction with water main improvements near the Waterloo Regional Airport, and authorizing the Mayor to execute said document. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Proposal ❑ Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Backup Material Backup Material Date 4/29/2020 - 10:22 AM 4/29/2020 - 10:55 AM Resolution approving the Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $59,900, in conjunction with water main improvements near the Waterloo Regional Airport, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval. The City of Waterloo is planning to install water main improvements at the Waterloo Regional Airport (ALO) to provide redundancy to the water system, enhance fire protection and to provide water for future development. The City is also planning to provide water service to the proposed Corporate Aircraft Hangar at ALO directly north of Betsworth Drive. Existing water lines in this part of the airport are undersized to properly provide fire flows. The proposed water main will tie onto the existing 12-inch line on Midport Boulevard on the south and extend to the north past the new hangar to the fire station. A second line will be extended east from the existing 12-inch line near the terminal building to tie into the proposed 12-inch line serving the new hangar. This would complete a water main loop at the airport with mains capable of providing fire flows and redundancy in the system. A total of approximately 2,000 LF of open cut 12-inch water main, 900 LF of directionally drilled 12-inch water main and 300 LF of 8-inch water main is proposed. It is anticipated this project will be bid under two phases. not to exceed $59,900 T IF/bonds Page 119 of 187 Policy Issue: Economic Development policy number 1, 3 &4 within the Strategic Plan. Page 120 of 187 4/10/2020, 3:51:15 PM HANGAR 5 (LIVINGSTON) WINDCONE Lis -- ,4 v 1,000 LF PROPOSED - 12" WATER MAIN TERMINAL BUILDING / / \ EXISTING VAUL —j�-- ELF_ 17 r !� A A \ ,V — \ \ y''E� \ / \ , ./ \ a • -JI 1 ®t•' \ \ / \ I\ \ / / 1 / / \ I P - i \\ JII I \ \ 7� V A \ ‘.1 1 o I# I1 \\ \\ \\\� II 1 \ \ I \ LSNOWIBUORINr EQUIPMENT -- I I FUEL FARM --+ II--1•---- ---- II I /� / I I \LOT, \ V II t\ I VA \ [ 6 LO;'11 ��o \k 1 1 L _,,,___ ,fir, v v -7-, 11 l� Iw \ I1 ____ g I 1 l 0' 100' 200' SCALE / / / / /I. / I Jr: !‘‘, LOT 7 \, KEY ALTERNATE A ALTERNATE B Page 1 2 1 of 187 —1---- / 300 LF PROPOSED \ 8" WATER MAIN ,— PROPOSED HANGAR / \ \ 1I// / LOT 8 1,900 LF PROPOSED - 12" WATER MAIN LOT 9 L T T_ E / N PREPARED BY, AECOM 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 APRIL 2020 FIGURE 1 PROPOSED WATER SYSTEM IMPROVEMENTS WATERLOO REGIONAL AIRPORT WATERLOO, IOWA 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 WATERLOO REGIONAL AIRPORT WATER MAIN IMPROVEMENTS 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 122 of 187 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 Page 123 of 187 AECOM Page 3 ATS's 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 Fifty -Nine Thousand Nine Hundred Dollars ($59,900.00). 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 124 of 187 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 Page 125 of 187 AECOM Page 5 to the 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 126 of 187 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: Page 127 of 187 CITY OF WATERLOO WATERLOO REGIONAL AIRPORT WATER MAIN IMPROVEMENTS EXHIBIT A A. PROJECT DESCRIPTION The City of Waterloo is planning to install water main improvements at the Waterloo Regional Airport (ALO) to provide redundancy to the water system, enhance fire protection and to provide water for future development. The City is also planning to provide water service to the proposed Corporate Aircraft Hangar at ALO directly north of Betsworth Drive. Existing water lines in this part of the airport are undersized to properly provide fire flows. The proposed water main will tie onto the existing 12-inch line on Midport Boulevard on the south and extend to the north past the new hangar to the fire station. A second line will be extended east from the existing 12-inch line near the terminal building to tie into the proposed 12-inch line serving the new hangar. This would complete a water main loop at the airport with mains capable of providing fire flows and redundancy in the system. A total of approximately 2,000 LF of open cut 12-inch water main, 900 LF of directionally drilled 12- inch water main and 300 LF of 8-inch water main is proposed. It is anticipated this project will be bid under two phases. B. SCOPE OF SERVICES The Scope of Services to be performed shall be completed in accordance with generally accepted standards of practice. AECOM Technical Services (ATS) will utilize the Statewide Urban Design and Specifications (SUDAS) for this project, along with applicable standards and technical modifications by the City of Waterloo and Waterloo Water Works. The Scope of Services is further defined with the following: Design -Phase Services Task 1 - Kickoff Meeting. With City of Waterloo and ATS staff, a kickoff meeting will be conducted to discuss the scope of project, objectives and goals. Task 2 - Survey and Data Collection. ATS will collect available data about the locations for the proposed water main. This will include gathering aerial photography, available topographic data, collecting existing water main data from the City of Waterloo and Waterloo Water Works, and utility location mapping information to develop a base map of the project location. ATS will establish horizontal and vertical control and perform a topographic survey for the project area. One -Call will be contacted to locate utilities. Marked field locations of utilities will be surveyed. Task 3 - Right -of -Way. ATS will review City, county and state records pertaining to the survey corridor. Property lines, right-of-way lines and ownership of properties will be incorporated into the base mapping for the project. Task 4 - Design Drawings. Drawings will be developed showing base mapping, existing site features, known utilities, proposed water main locations, existing ground contours. meter pit and backflow prevention vault. Task 5 - Plan and Profile Sheets. Preliminary plan and profile sheets will be prepared for the water main installation. Page 128 of 187 Task 6 - Preliminary Design Meeting. ATS will meet with City of Waterloo and review a preliminary plan set. Key design items will be discussed; and based on feedback, a list of alterations will be made for the final design. Task 7 - Final Plans and Specifications. Final plans and specifications will be developed incorporating comments received by the City of Waterloo and Waterloo Water Works. Plans will include cover sheet, general notes, plan and profile sheets and details as necessary. Specifications will include contract documents incorporating requirements from the City of Waterloo and Waterloo Water Works. SUDAS specifications will be referenced. Task 8 - Acquisition Plats. Acquisition plats are not anticipated for this project. It is assumed no properties will be impacted. Should the need arise, ATS would prepare acquisition plats and legal descriptions for permanent and temporary acquisitions needed for the project under a supplemental agreement. Task 9 - Engineer's Opinion of Probable Costs. An Engineer's Opinion of Probable Costs will be developed for the project. Task 10 - Iowa DNR Construction Permit Application. ATS will prepare necessary construction permit schedules to be submitted to Iowa DNR. Bidding -Phase Services Task 11 - Preparation and Distribution of Contract Documents. Prepare contract documents for distribution to plan rooms and potential bidders. Task 12 - Respond to Bidders Questions. Respond to questions that bidders may have regarding the project. Prepare addenda as needed for project. Task 13 - Attend Bid Opening. Attend bid opening, secure contracts, bonds and certificates of insurance, review bids, prepare bid tabulation and make recommendation to the City of Waterloo. 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 to this agreement. Construction -related services include construction staking, on -site field review, materials testing, notice of Storm Water Discharge NPDES Permits, Storm Water Pollution Prevention Plan, contract administration during construction and right-of-way staking. Exclusions: The following items are not included in the Scope of Services but may be added by supplemental agreement, if required: • Environmental and/or Historical Reviews and Assessments • Soil Borings • Acquisition Plats O:Wdministration\AGREE\PROF\WAT ALO Water Main Improvements.doc Page 129 of 187 CITY OF WATERLOO Council Communication Resolution approving a Farm Lease Agreement with Luke Weston, to farm approximately 67.83 acres of land for the 2020 growing season, generally located near the northeast corner of Independence Avenue and Northeast Drive, in the amount of $215 per acre, for a total yearly payment of $14,583.45, and authorizing the Mayor and City Clerk to execute said agreement. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Andera, Tim Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Yields Map ❑ Soils Map & ISU Rent Survey ❑ Lease Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Rejected Approved Approved Approved Type Cover Memo Cover Memo Backup Material Date 4/29/2020 - 10:40 AM 4/29/2020 - 10:55 AM 4/29/2020 - 10:59 AM 4/29/2020 - 11:17 AM Resolution approving a Farm Lease Agreement with Luke Weston, to farm approximately 67.83 acres of land for the 2020 growing season, generally located near the northeast corner of Independence Avenue and Northeast Drive, in the amount of $215 per acre, for a total yearly payment of $14,583.45, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director Approval The applicant Luke Weston is requesting approval of a lease agreement to farm 67.83 acres of city owned property for the 2020 growing season in the amount of $215.00 per acre, for a total yearly payment of $14,583.45. Staff believes this to be a fair lease amount as the applicant has submitted a yields map from last year obtained from his combine (see attached) showing many areas (red) that have low yield amounts due to those areas being more wet throughout the season. The Iowa State University 2019 Cash Rental Rate (see attached) has moderate farmland in Black Hawk County being rented for an average price of $247. The city will be terminating all farm leases before September 1, 2020, which is required by state code and rebidding them for the 2021 growing season. Tenant would have until December 31, 2020 to pay said lease amount. Page 130 of 187 Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Background Information: Legal Descriptions: This property was purchased in 2015 from Willard Frost for developmental purposes. The East Half of the Southeast Quarter of the Southwest Quarter; The South Half of the East Half of the Northeast Quarter of the Southwest Quarter; The southeast Quarter of the Southeast Quarter, Except the East 66 Feet thereof; and the South Half of the Northwest Quarter of the Southeast Quarter, except the East 66 feet thereof, all in Section 20, Township 89 North, Range 12 West of the 5th P/M in Black Hawk County, Iowa, except that party conveyed to the State of Iowa by Warranty Deed recorded in 526 Deeds 89 and except that part conveyed to the City of Waterloo by Quit Claim Deeds Recorded in 536 LD 985 and 541 LD 787 and further except that part lying Northerly of the Northerly right-of-way line of Bishop Avenue and also except Bishop Avenue right-of-way conveyed to City of Waterloo in571LD613. Page 131 of 187 7:57 IIIn CIO 4 44° 440 96%11 Etringer Field 2020 • • • Harvest 182 buiac 25.1% Avg Yield Moisture 68.3 ac Harvested Page 132 of 187 Soils Map 417.78 t arluata, Inc. Soils data provided by USDA and NRCS. State: Iowa County: Black Hawk Location: 20-89N-12W Township: Waterloo Acres: 67.83 Date: 1/22/2020 Maps Provided By: surety® Agdoate, Inc_ 2019 www.AgnDarsrrc.com Area Symbol. IA013 Soil Area Version.27 Cod e Soil Description Acres Percent of field CSR2 Legend Non- Irr Class *c CSR2** CSR Bromegrass alfalfa Bromegrass alfalfa hay Cor n Kentucky bluegrass Oats Smooth bromegrass Soybeans *n NCCPI Soybeans 1152 Marshan clay loam, 0 to 2 percent slopes, rarely flooded 21.71 32.0% Ilw 54 68 58 177B Saude loam, 2 to 5 percent slopes 18.88 27.8% Its 55 58 58 135 Goland clay loam, 0 to 2 percent slopes, occasionally flooded 13,48 19,9% Ilw 70 80 90 177 Saude loam, 0 to 2 percent slopes 6.13 9.0% Its 60 63 59 175 Dickinson fine sandy loam, 0 to 2 percent slopes 5,39 7.9% Ills 55 60 37 838 Kenyon loam, I 2 to 5 percent slopes 2.16 3.2% He 90 86 11 6.6 210 3.9 91 6.6 61 75 4135 Coland, I occasionally flooded -Urban land complex, 0to2percent slopes 0.08 0.1% Ilw 70 0 45 Weighted Average 59.2 67 0.4 0.2 6.7 0.1 2.9 0.2I 1.9 *n 63.3 *IA has updated the CSR values for each county to CSR2. n: The aggregation method is "Weighted Average using major components" c: Using Capabilities Class Dominant Condition Aggregation Method Soils data provided by USDA and NRCS. Page 133 of 187 Number of responses is the number of individuals who provided information about typical rental rates in the county. Rental data was not collected by individual farm. ;uiod xapul ZuS3 lad;UGH pia!A ueaq }o •nq i d 1.uaa pla!A UJ03 •nq .Jed }uald AR AR CA N -P.�Nj co b9 O (xi 00 A co Co N col J W A O J W CO O 4A -Ca ER N W A V N 01. 0)w- LD Cn 00 CA -ER W CO N CD 0 EA CO ER ER CO A V 00 O -CA AA ER W (0 ---+ Co ul N CO CR o CO A 61 ffl ffl N A CO -1 0 p.i! CO V CO N 00 (W)1 V 010 N 0) (D A 00 U1 col O O Ul O O 0 A N J CD 0 0 U) N co o CC71 000 0 1oa co N UAi O co N Co V O 01 (31 N V CD CD O 0 CO V O (n 01 0 a.10e .fad •nq 'piai& woo IeoidAl r m D < D. CO N J C0 _' 7 [t? CD DT lCl 74 C» CD ffl I N CO g C0 0 CD 9) 0 CD 0 C - D - O S 4 D 0) a m r+ (o 0:,m m 7 m Cr) (l) q. O) CL asuodsaa a6eaany MLR / !Ienb LIB!H a6eaane Ile.lan° N N N V V co V to No N V CD NJ 0 NJ 0 N N O A CO 0 A NO O P 0-1 CO O C11 0 -AA CO 1 CO CJ1 CO AA C7 N W N cn N NJ 01 coco O -4 N N J (n N.) COCA to.CA j Cii NJ, W NJ' 0) CO N CA SN (n O 0) V N CO O O 0 (0 NoO W 00 w NJ A N 0 N N co co.) ND 3 N A CNn 0 N W (n CO GF) U1 N N N 0 (n N W {{) .0NJ6 a, 0 O {py N N 0 01 CO V4 - O CO coj NJ IQ crij 0 cn N N {p O N co 0 N O ff3 N N J N N N O {f} N Ff; CH y} AA IFNOU1 N CDN N CN)l V WO C0f( N (.130CO 0 O 0 N fR Cn J(1 O to -CA coO co0 J W N COV (3) NJCO CO CO U1 0 N A0 6' 0 N O N U- CO N N CO(NSI CO (0O O 0 0 U) -64 (D ifl O 0 N iza w co 0 0 N o W 0 © 0 xapul Zagj do.lo Mo.l '6ny P]a!A ueaq •fine 810Z - b LOZ pla!A woo 'fine SLOZ --bLOZ ,rsasuodsaJ ..iagwnN CO C.11 0 0) J C09 01 CO �! N CO 01 rn N.) N 1 WJ J Oo N 000 0) C09 CO C31 (�D f{a N O (D Co CO LD V O CO (D CA O (D (9 40 Cr) co 4 (O N 0 r0 V) cn -n m z r 1m 0 ■ 0 V m 0 2 G) V) Cash Rental Rates for Iowa - 2019 Survey b as LA Page 134 of 187 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2020, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Luke Weston Thereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located near the corner of Independence Avenue and Northeast Drive, and legally described in Exhibit "A", attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing row crops and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2020, and terminating on the 31' day of December , 2020. The Lessee agrees to pay the City $14,583.45, or $215 per acre, for the use of the Property. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use of the Property for its own purposes. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department. 4. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with seed mixture as approved by Leisure Services. Further, Lessee agrees that if flooding occurs, no agricultural activities will occur until the land has dried and recovered sufficiently. 5. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, he will instruct them to leave the premises. 6. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever to any person or property which may arise out of or are in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents. 7. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later September 1, 2020. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 8. Lessee agrees to prohibit all engine -powered off -road vehicles and four-wheel drive vehicles other than agricultural equipment. 9. In the event any other person acquires a right of ingress and egress across the Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance, which may be necessary, at no cost to the City. 10. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and Page 135 of 187 insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations, which occurred during the term of this Agreement. 11. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 12. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 13. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 14. 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 City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 16. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 17. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. 2 Page 136 of 187 CITY WATERLOO LESSEE: OF BY: By: Quinten Hart, Mayor Luke Weston ATTEST: Kelley Felchle, City Clerk CITY' S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2020, before me, the undersigned Notary Public, personally appeared the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2020, before me the undersigned, a Notary Public in and for the County of , State of Iowa, personally appeared , to me known to be the person(s) named in and who executed the foregoing instrument. Notary Public 3 Page 137 of 187 CITY OF WATERLOO Council Communication Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition, subject to the condition that any final plat or final plats for any portion of the approved Preliminary Plat of Paradise Estates Addition submitted for approval on or prior to May 14, 2022 shall be subject to any new zoning restrictions or subdivision regulations adopted by the City of Waterloo prior to submittal of any such Final Plat for any portion of said area. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Petition for Variance ❑ Aerial Photo SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Date 4/29/2020 - 10:58 AM 4/29/2020 - 11:22 AM Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition, subject to the condition that any final plat or final plats for any portion of the approved Preliminary Plat of Paradise Estates Addition submitted for approval on or prior to May 14, 2022 shall be subject to any new zoning restrictions or subdivision regulations adopted by the City of Waterloo prior to submittal of any such Final Plat for any portion of said area. Submitted By: Noel Anderson, Community Planning & Development Director Approval Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-1-13 Variances, relating to the approval of the of the Preliminary Plat of Paradise Estates Addition, located near the northeast corner of Kimball Avenue and West Orange Road. The subdivision ordinance requires that a final plat be filed within one year of approval of the preliminary plat. The preliminary plat was approved on May 14, 2018 by the city council and the city council granted a variance in May of 2019 to the Subdivision Ordinance to allow that time period to be extended to May 14, 2020. The owner is requesting another variance to the timeframe for final platting but for a two year timeframe to May 14, 2022. Staff has researched and found that the Subdivision Ordinance would allow for two years. Due to the preliminary plat being approved, staff does not believe that issuance of the variance would be detrimental to public safety, health, welfare or in any Page 138 of 187 way injurious to adjacent property. Expenditure Required: Source of Funds: Policy Issue: Staff is adding a condition that any final plat or final plats for any portion of the approved Preliminary Plat of Paradise Estates Addition submitted for approval on or prior to May 14, 2022 shall be subject to any new zoning restrictions or subdivision regulations adopted by the City of Waterloo prior to submittal of any such Final Plat for any portion of said area. None N/A Subdivision Ordinance Page 139 of 187 PETITION FOR VARIANCE COMES NOW the undersigned, Hope M. Anderson, owner of Paradise Estates Addition located next to 5805 Kimball Avenue, Waterloo, Iowa between Kimball Avenue and Highway 21 and north of East Orange Road and states as follows: 1. He has filed a Preliminary Plat for Paradise Estates Addition which was approved by the city council of the City of Waterloo, Iowa on May 14, 2018, said Resolution No. 2018- 321, a copy of which is attached hereto and marked Exhibit "A". 2. That Hope M. Anderson has not yet finalized a portion of said Paradise Estates Addition to be presented for Final Plat approval. Said city code provides that a Final Plat should be filed within one year of the approval of the Preliminary Plat which would mean on or before May 14, 2019. 3. On May 6, 2019, a Petition for Variance was filed by Home M. Anderson which was taken up and approved at the city council meeting on May 13, 2019 extending the final plat for approval for one year from that date, a copy of said Resolution No. 2019-360 attached hereto and marked Exhibit "B". 4. That in accordance with City of Waterloo Code Ordinance 1.14 Variances, Hope M. Anderson is requesting a variance to allow him another one year period to and including May 14, 2020 in order to provide to the city for Final Plat approval a portion of Paradise Estates Addition. Hope M. Anderson is requesting a variance to allow him a two-year period to and including May 14, 2022, in order to provide to the City for Final Plat approval a portion of Paradise Estates Addition. 5. hi accordance with said 1.14 Variances provisions under (1) General, this request is made to avoid the City of Waterloo, Iowa and its planning, programming and zoning staff from revisiting this addition which has already been approved given that no changes have been made to the property originally approved as Paradise Estates Addition on May 14, 2018, other than the passage of time from then until now. 6. Hope M. Anderson, pursuant to Variance provision 1.14(1)(a) does not see that extending the time to produce a Final Plat on a portion of Paradise Estates Addition is in any way detrimental to any public safety, health, welfare or in any way is injurious to adjacent property. 7. Hope M. Anderson states under Variance provision 1.14(1)(b) that this variance is unique as to this property only and will not affect any other property as he continues work to prepare for presentation a portion of the Final Plat of Paradise Estates Addition to the City of Waterloo and its planning, programming and zoning department and for presentation to the Waterloo City Council. 8. Pursuant to Variance provision 1.14(1)(c) Hope M. Anderson believes that the surroundings of this property to the new Orange Elementary School is critical for proper development in light of the new Orange Elementary School. Hope M. Anderson as the owner of Page 140 of 187 Paradise Estates Addition wants to produce the most appropriate development that will surround the new Orange Elementary School as this addition will be in effect alongside said new school for many years to come. 9. That in accordance with Variance provision 1.14(1)(d), this request for an extension to be able to produce a Final Plat for a portion of Paradise Estates Addition will not in any manner vary the provisions of the zoning ordinance, comprehensive plan or official street plan for this addition. Again, this Petition is presented to essentially gain an extension for Final Plat approval for at least a portion of the Paradise Estates Addition, said extension through this Variance Petition request to be for two years up to and including May 14, 2022. Dated April 24, 2020. Respectfully submitted, Hope . erson 100 Anderson Drive Waterloo, IA 50701 Page 141 of 187 Exhibit "A" Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703,319-291-4323. RESOLUTION NO. 2018-321 RESOLUTION APPROVING A REQUEST BY HOPE M. ANDERSON, FOR THE PRELIMINARY PLAT OF 129.16 ACRES FOR THE PARADISE ESTATES ADDITION, LOCATED NEXT TO 5805 KIMBALL AVENUE, BETWEEN KIMBALL AVENUE AND HIGHWAY 21, AND NORTH OF EAST ORANGE ROAD, TO ALLOW FOR THE DEVELOPMENT OF 209 RESIDENTIAL LOTS AND NINE LAND TRACTS FOR THE SUBDIVISION. WHEREAS, on this 14th day of May 2018, at a regular meeting of the City Council of the City of Waterloo, Iowa, the preliminary plat of the Paradise Estates Addition, a 209-lot subdivision located next to 5805 Kimball Avenue, between Kimball Avenue and Highway 21, and north of East Orange Road, was presented for approval by Hope M. Anderson, and WHEREAS, said preliminary plat has been previously submitted to and was approved by the City of Waterloo City Planning, Programming and Zoning Commission on April 3, 2018, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, the preliminary plat of the Paradise Estates Addition, a 209-lot subdivision located next to 5805 Kimball Avenue, between Kimball Avenue and Highway 21, and north of East Orange Road, Black Hawk County, Iowa, is hereby approved. PASSED AND ADOPTED this 14th day of May 2018. Quentin Hart, Mayor ATTEST: Kelley Felchl City Clerk Page 142 of 187 Resolution No. 2018-321 Page 2 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2018-321 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 14th day of May 2018. Witness my hand and seal of office this 14th day of May 2018. Kelley Felchle City Clerk A SEAL/ .. efeLk Page 143 of 187 Exhibit "B" Prepared. by 1;eAtiti M. vch, Deputy City :Cletici City Of. Waterloo, ii5 Mulberry -1Stitet,: W,aterIon, IA:50703, (31`.) 2.914323. RESMUTION No. 1019-360 RESOLUTION AP1!.ROVING A VARIANCE TO THE REQUIREMENTS: OF THE SUI3DIVISION ORDINANCE IN PeTIPN;,11--(1.,13 VAlkiAtipps, RELATING TO THE APPROVAL OP 17703"PuOMINAgy FLAT OPPARADISE ESTATES •ADDITION. ;TAIT RE4DINED:irtIlig:CITY COW= O'F'TIM, CITY OF WAIMOQIOWA, t1et:16--V4tinee 10ite:te44ixeinilate\nttlie::ubdiliisinn DOilhatiee in Section relating 'folio App09e1.0itlie PrelikUiriaty Plat it,flayadige gstates Additiou, .P.A$OP AND,ADOPTED:tliia: 13th:day.'Ot May 4119.. 4Kb Quentin; Hart, tel' City Cleilv Page 144 of 187 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 E of 5805 Kimball Avenue Preliminary Plat Paradise Estates Hope M Anderson Page 145 of 187 � ,,i =' /�- r , .%'T22/ 750 375 0 750 Feet CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with 4FI Waterloo, LLC to begin certain activities in preparation for development of the site east of 1994 Newell Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/4/2020 Prepared: 4/29/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Early Access Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Action Approved Approved Type Cover Memo Date 4/29/2020 - 11:09 AM 4/29/2020 - 11:25 AM Resolution approving an Early Access Agreement with 4FI Waterloo, LLC to begin certain activities in preparation for development of the site east of 1994 Newell Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve document 4FI Waterloo, LLC would like to begin work on a development site located east of 1994 Newell Street for preparation to construct a new warehouse. As a part of the project the City will be entering into a development agreement and deeding over a portion of land to them to allow them to construct a new warehouse for Con-Trol. The early access agreement will allow for them to begin earth moving activities and prep work for their project. None NA Strategic goals 1, 2, and 4 for economic development of the area. Not approve The area that, upon platting, will be described as Lot 1, Northeast Industrial Park Plat No. 4, City of Waterloo, Black Hawk County, Iowa Page 146 of 187 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2020, by and between the City of Waterloo, Iowa ("City") and 4FI Waterloo, LLC (the "Developer"). WHEREAS, City and Developer are parties to a Development Agreement concerning a project to be undertaken by Developer on certain real property described or depicted on Exhibit "A" attached hereto (the "Property"), located in the Northeast Industrial Area Urban Renewal and Redevelopment Plan area; and WHEREAS, the parties desire that Developer have access to the Property to begin certain activities before the Property is conveyed to Developer. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Developer, and the Developer's contractors and subcontractors, the right to enter upon the Property to begin development activities, including but not limited to survey work, earth moving, and utility work (including but not limited to extensions, relocations and disconnections) (the "Activities"). The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Developer for the Property. Developer's right to conduct the Activities upon the Property is expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. Until City delivers a deed to Developer, Developer may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. During the term of this Agreement Developer shall, at its own expense, procure and maintain commercial general liability insurance in the amount of not less than $2,000,000 per occurrence covering bodily injury and property damage liabilities. Certificates or copies of said policy, naming the City as an additional insured, shall be delivered to City before Developer, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Developer agrees to be responsible for any liability which may arise out of the acts or omissions of Developer, its employees, agents and contractors, on or about the Property, and in said connection Developer agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Developer under this paragraph shall survive the expiration or termination of this Agreement. 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Developer shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that Page 147 of 187 which existed upon Developer's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. The rights and duties of Developer under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 4FI WATERLOO, LLC By: By: Quentin M. Hart, Mayor Kevin Koellner Managing Member Attest: Kelley Felchle, City Clerk 2 Page 148 of 187 EXHIBIT "A" Legal Description of Property The area that, upon platting, will be described as Lot 1, Northeast Industrial Park Plat No. 4, City of Waterloo, Iowa. Page 149 of 187 CITY OF WATERLOO Council Communication Resolution approving a Supplemental Agreement for a Professional Services with Terracon Consultants, Inc. of Cedar Falls, Iowa, originally executed April 12, 2019, in an amount not to exceed $20,189.00, in conjunction with the Bio-solids Modification Project for Geotechnical (material testing) services, and authorize the Mayor to execute said document. City Council Meeting: 5/4/2020 Prepared: 5/1/2020 REVIEWERS: Department Reviewer Clerk Office Felchle, Kelley ATTACHMENTS: Description Supplemental Agreement with Terracon W W T P Biosolids Terracon Supplemental Agreement No 1 Council Memo SUBJECT: Submitted by: Recommended Action: Action Approved Type Backup Material Backup Material Date 5/1/2020 - 11:42 AM Resolution approving a Supplemental Agreement for a Professional Services with Terracon Consultants, Inc. of Cedar Falls, Iowa, originally executed April 12, 2019, in an amount not to exceed $20,189.00, in conjunction with the Bio-solids Modification Project for Geotechnical (material testing) services, and authorize the Mayor to execute said document. Submitted By: Matthew Hosford, P.E., Waste Management Collection Systems Project Director Appproval Page 150 of 187 Terracon April 30, 2020 Waste Management Services City of Waterloo 3505 Easton Ave Waterloo, IA 50702 Attn: Mr. Brian Bowman P: (319) 291-4553 E: brian.bowman@waterloo-is-org Re: Proposal for Construction Observation and Materials Testing Services Waterloo WWTP Biosolids Modifications Waterloo, Iowa Terracon Proposal No. P13191008R Dear Mr. Bowman: As requested, Terracon Consultants, Inc. (Terracon) is submitting this proposal for completion of construction observation and materials testing services for the Waterloo WWTP Biosolids Modifications project. This proposal outlines our understanding of the project and scope of services, provides a fee schedule and estimated cost for our services, and presents our Agreement for Services. Terracon provided geotechnucal engineering services for the project in 2019 (Terracon Project No. 13195025). As such, we believe our experience, work on the project as the Geotechnical Engineer, and commitment to responsive quality service will continue to make Terracon a valuable asset to the project. 1.0 PROJECT INFORMATION Project information available for review at the time of this proposal includes: — Civil, structural and architectural plans dated 12-16-2019 — Project specifications dated 12-16-2019 — Email with revised scope of services dated 4-29-20 • We understand the project consists of: — This project is an upgrade to the biosolids processes at the City of Waterloo Wastewater Treatment Plant. This Work includes construction of a new centrate equalization tank, Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, IA 50613 P [319] 277 4016 F [319] 277 4321 terracon.com Environmental ■ Facilities ■ Geotechnieaf ■ MaterlaIs Page 151 of 187 Proposal for Construction Observation & Materials Testing Services Waterloo Treatment Plant Biosolids Modifications Waterloo, Iowa April 30, 2020 • Terracon Proposal No. P13201008R lTerracon construction of new biosolids truck loading bays, and a construction of a new chemical storage building along with other plant modifications. The structural framing will be comprised of: - Steel columns, beams, joists and/or trusses — Metal deck and roof - Structural masonry walls — Reinforced concrete — Precast structural concrete ■ Also included as part of the construction will be — Underground utilities — Asphalt drives and parking lots — Site grading fill placement — Cast in -place concrete retaining walls 2.0 SCOPE OF SERVICES 2.1 Field and Laboratory Services Terracon will provide appropriately trained employees equipped to respond to the materials testing and construction observation needs of this project as scheduled by the Client or your designated representative. Based on our review of the information provided above, we understand the scope of the on -call services includes: Earthwork observation and testing: - Site preparation - Site grading fill placement — Foundation wall backfill - Utility trench backfill - Floor slab and pavement subgrade preparation ■ Laboratory soil/aggregate testing — Standard Proctors — Atterberg Limits — Aggregate gradations Shallow foundation bearing soil observation and testing Responsive Resourceful Reliable 2 Page 152 of 187 Proposal for Construction Observation & Materials Testing Services Waterloo Treatment Plant Biosolids Modifications Waterloo, Iowa April 30, 2020 Terracon Proposal No. P13201008R lrerracon - Foundation soil conditions will be compared to information contained in the geotechnical report for this project to determine if suitable bearing conditions exist If authorizes, structural steel observation of field -made connections - Review welder certifications - Perform periodic visual observations of structural welded connections including primary framing members • Observations of ancillary framing such as for rooftop units, curtain walls, brick ledges and cold -formed light gauge steel framing is not a part of this scope. - Visual observation of bolted connections • We assume bolted connections will either be snug -tight or tension control bolts will be utilized if full pre -tensioning is required. Observations of other methods of pre - tensioning can be performed, but may require additional time and cost. Structural masonry testing - Material sampling • Measure grout flow/slump and temperature and cast 3" x 6" grout prisms. For estimating purposes, we assume that cardboard grout sample boxes will be allowed due to the low cost and convenience. However, they are not recognized as an approved mold by ASTM. If the client wishes grout prisms to be formed in general accordance with ASTM C1019, we will need access to forming materials and a protected space onsite to make the samples, and additional costs will apply. • Sample mortar and cast 2" x 4" cylinders. - Laboratory testing • Compressive strength of grout ■ It should be noted, Helical Pier observation has not been requested for this project but can be provided upon request at additional cost. ■ Project Management - Attendance at pre -construction and project meetings at Client's request Technical consulting at Client's request - Supervision of laboratory and field services - Preparation and review of project reports and invoices If we have misunderstood any aspect of the proposed project, please advise us at once so we can evaluate the scope of services and make any necessary adjustments prior to finalizing the contract. Once the project is underway, you can request additional services. We will confirm your request by sending you a short supplemental agreement form that states the additional services, making them part of the original agreement Responsive • Resourceful • Reliable 3 Page 153 of 187 Proposal for Construction Observation & Materials Testing Services Waterloo Treatment Plant Biosolids Modifications Waterloo, Iowa April 30, 2020 ■ Terracon Proposal No. P13201008R 2.2 Scheduling lFerracon Terracon's services will be performed on an as -requested basis with scheduling by the Client or the client's designated representative. Terracon will not be responsible for scheduling our services and will not be responsible for tests or observations that are not performed due to failure to schedule our services on the project. Since our personnel will not be at the site on a resident basis, it will be imperative that we be advised when work is in progress. Services should be scheduled a minimum of 24 hours in advance. Scheduling personnel will be on an as -available basis which may require changes in personnel assigned to the project. For instances of short - notice requests, personnel may have to be utilized which have a higher rate than those normally assigned and this higher cost may be passed on to the client. All requests for services should be submitted to the Cedar Falls, Iowa office at the following phone number: (319) 277-4016. Services should not be scheduled through our field personnel. We recommend the scope of work described in this proposal be provided to the person(s) responsible for scheduling our services so they are aware of the services that are proposed. 2.3 Data Collection and Reporting All field technicians are responsible to provide a daily report identifying what work was found to be in compliance with the project specifications and drawings and report any non -conformances. The field technicians are required to immediately communicate any non -conformances to the site superintendent and our Project Manager. Effective and timely communication is essential for non -conforming items. Our Project Manager will be responsible for reviewing each technician's reports, keeping non-conformance lists up-to-date, and communicating test results in a timely manner. To ensure our project manager and field personnel meet the goals we have set for report turnaround, we have developed report tracking software to evaluate the status of any test result or report within our system. This allows us to achieve better communication, more consistency, and faster turnaround of reporting on the project. Data, observations, and other testing and inspection information are easily entered into the system and reports are auto -generated allowing for immediate availability of test results. Terracon will maintain non-conformance logs and lists for all testing types performed by us. The list will be maintained electronically in our database and can be updated and e-mailed or printed at any time. Responsive • Resourceful • Reliable 4 Page 154 of 187 Proposal for Construction Observation & Materials Testing Services Waterloo Treatment Plant Biosolids Modifications ■ Waterloo, lowa April 30, 2020 Terracon Proposal No. P13201008R lierracon 2.3.1 CMELMSTM Management System In order to provide our clients with real-time field and laboratory data management and reporting, Terracon developed and maintains an automated application that we call CMELMS. The acronym stands for Construction Materials Engineering Laboratory Management System and is utilized by construction materials engineering and testing operations in our offices. CMELMS is a complete and comprehensive field and laboratory testing data and results management system. The application can manage an unlimited number of reports and data for ease of reporting and documentation purposes. Features in the application include accessing and distributing test results and field observation reports by a push of a button. CMELMS automates the delivery of our testing and inspection information and can be used anywhere with an Internet connection or through a wireless device. Data (test results and inspections) can be entered into the application right from the project site so that project managers and engineering staff have real-time access to the field data. Final Client Reports are produced in the same application, which allows us to achieve better communication, more consistency, and faster turnaround of reports on the project. 2.3.2 Report Turnaround Time Our Project Managers and/or field technicians will report failing tests or non-conformance items immediately to the designated parties and will typically have digitally -signed reports distributed by the end of the next business day. As stated, using our CMELMS software and our field reporting and communication services and capabilities, the test results and inspection information is quickly entered into the system and a report produced. Non -deviation reports will typically be digitally signed and distributed within 5 business days of service. Laboratory test reports will typically be digitally signed and distributed within 2 business days of the completion of each test. Our reports can be sent digitally via email, posted to our Client Document Website (CDW), or posted to a designated ftp website. 2.4 Terracon's Incident and Injury -Free Culture Employee safety is a core value of Terracon and we are committed to an Incident and Injury -Free (IIF) workplace. It is our personal and organizational commitment at all levels of the company to everyone going home safe to their family every day. All employees are expected to perform their job assignments with safety as a primary objective. Terracon dedicates the time, resources, and equipment necessary for an IIF environment and no employee will be required to work in unsafe conditions. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any Responsive Resourceful Reliable 5 Page 155 of 187 Proposal for Construction Observation & Materials Testing Services Waterloo Treatment Plant Biosolids Modifications ■ Waterloo, Iowa April 30, 2020 Terracon Proposal No. P13201008R lrerracon necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self -quarantining due to exhibiting symptoms associated with the coronavirus. 3.0 COMPENSATION Fees for services provided will be based on the attached Unit Rate Schedule. These rates will apply for the duration of the project. Based on our review of the above -referenced information, our estimated cost to perform the proposed scope of services is $20,189.00. A breakdown of our cost is provided in the attached Cost Estimate. For the purposes of developing this estimate, the quantities were estimated based on typical means and methods utilized by contractors/subcontractors in this area. It should be noted the Client would be billed only for the amount of service provided, i.e. Terracon will not bill for the total budget if the total booked is less than the budget. Please note this is only a budget estimate and not a not -to -exceed price. Many factors, including those out of our control, such as weather and the contractor's schedule, responses to requests for information, and how often we are called to the site, will dictate the final fee for our services. Furthermore, all costs associated with deviations, re -testing and re -inspections of failing items, on -site standby time, overtime, and short notice premiums are not included in our estimated cost. Responsive Resourceful Reliable 6 Page 156 of 187 Proposal for Construction Observation & Materials Testing Services Waterloo Treatment Plant Biosolids Modifications ■ Waterloo, Iowa April 30, 2020 Terracon Proposal No. P13201008R 4.0 AUTHORIZATION lferracon This proposal may be accepted by executing the attached Agreement for Services and retuming it along with this proposal to Terracon. We reserve the right to withhold our reports until the signed Agreement has been received by Terracon. This Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions and services to be performed for this project. This proposal is valid only if authorized within sixty days from the listed proposal date. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. Please call the undersigned if you have any questions or would like to review this proposal. Sincerely, Terracon Consultants, Inc. 4/11JQ24.. Wade ammers ey ick Loc Project Manager Principal Copies to: Addressee (1 pdf) Sam Hocevar (1 pdf) Attachments: Unit Rate Schedule Cost Estimate Supplement to Agreement Responsive Resourceful Reliable 7 Page 157 of 187 Proposal for Materials Testing and Construction Observation Services Waterloo WWTP Biosolids Modifications Waterloo, Iowa April 30, 2020 Terracon Proposal No. P13201008R Unit Rate Schedule lierracon Rate Unit PERSONNEL Administrative Services Field Technician Senior Field Technician Structural Steel Technician Field Manager Project Manager Senior Project Manager Senior Project Engineer $65.00 hour $48.00 hour* $63.00 hour* $100.00 hour* $89.00 hour $98.00 hour $118.00 hour $128.00 hour LABORATORY TESTING Standard Proctor (4-inch mold) Standard Proctor (6-inch mold) Relative Density Atterberg Limits (multipoint) Moisture Determination (oven method) Sieve Analysis (washed) Sieve Analysis (unwashed) #200 Wash Organic Content Determination Compressive Strength of Concrete Cylinder (made by Terracon) Compressive Strength of Concrete Cylinder (made by others) Flexural Strength of Concrete Beam (includes mold and cleaning charge) Trimming or Capping of Irregular Surfaces Compressive Strength of Grout $120.00 each $150.00 each $260.00 each $125.00 each $8.00 each $130.00 each $65.00 each $45.00 each $45.00 each $13.50 each $18.00 each $50.00 each $8.00 each $20.00 each FIELD EQUIPMENT/MATERIALS Torque Wrench Nuclear Density Gauge Weather Protection (concrete cure box) Consumables Safety Equipment (harness, lanyard, etc.) $40.00 day $30.00 day $10.00 day Cost + 15% $10.00 day TRIP CHARGE Trip Charge (Cost inludes vehicle and milage) $20.00 trip *Overtime is defined as all hours in excess of eight (8) per day, outside of the normal hours of 7:OOAM to 5:OOPM Monday through Friday, and all hours worked on Saturdays, Sundays, and holidays. Overtime rates will be 1.5 times the hourly rate quoted (2 times the hourly rate for Sundays and holidays). A one -hour minimum charge per task is applicable to all site visits. You will be invoiced on a periodic basis for services actually performed as authorized or requested by you or your designated representative. Responsive Resourceful Reliable Page 158 of 187 Proposal for Materials Testing and Construction Observation Services Waterloo WWTP Biosolids Modifications Waterloo, Iowa April 30, 2020 Terracon Proposal No. P13201008R COST ESTIMATE Service T EARTHWORK OBSERVATION AND TESTING Field Technician Site Grading Fill Placement Foundation Wall Backfill Placement Utility Trench Backfill Placement Pavement & Floor Slab Subgrade Preparation Senior Field Technician Subgrade Observation/Proofroll Trip Charge* Technician Field Equipment Nuclear Density Gauge No. of Hr(s)./ Services service Rate Unit Cost lierracon 30 2.00 $48.00 hour $2,880.00 15 2.00 $48.00 hour $1,440.00 15 2.00 $48.00 hour $1,440.00 6 2.00 $48.00 hour $576.00 6 2.00 $63.00 hour $756.00 72 $20.00 visit $1,440.00 66 $30.00 day $1,980.00 Subtotal = $10,512.00 LABORATORY SOIL / AGGREGATE TESTING Standard Proctor (4-inch mold) Standard Proctor (6-inch mold) Atterberg Limits (multipoint) Sieve Analysis (washed) 3 1 1 1 $120.00 each $150.00 each $125.00 each $130.00 each $360.00 $150.00 $125.00 $130.00 Subtotal = $765.00 FOUNDATION EXCAVATION OBSERVATION AND TESTING Senior Field Technician Observation & Testing of Footing Excavations Trip Charge* Technician STRUCTURAL STEEL OBSERVATION 6 2.00 $63.00 hour $756.00 6 $20.00 visit $120.00 Subtotal = $876.00 Structural Steel Technician Visual Observation of Welded Connections Visual Observation and/or Testing of Bolted Trip Charge* Technician Safety Equipment (harness, lanyard, etc.) Responsive ■ Resourceful Reliable 3 3.00 $100.00 hour $900.00 3 3.00 $100.00 hour $900.00 6 $20.00 visit $120.00 6 $10.00 day $60.00 Subtotal = $1,980.00 Page 159 of 187 Proposal for Materials Testing and Construction Observation Services Waterloo WWTP Biosolids Modifications Waterloo, Iowa April 30, 2020 Terracon Proposal No. P13201008R Service Type COST ESTIMATE No. of Hr(s)./ Services service ferracon Rate Unit Cost STRUCTURAL MASONRY TESTING Estimated quantities are based on the following: Obtain samples as needed, one set of four grout samples to be obtained. One set of samples for each 5,000 square feet of wall. Senior Field Technician Sample Preparation Sample Pickup/Login Trip Charge* Technician Laboratory Testing Compressive Strength of Grout 10 1.50 $63.00 hour $945.00 10 1.50 $48.00 hour $720.00 20 $20.00 visit $400.00 40 $20.00 each $800.00 Subtotal = $2,865.00 PROJECT MANAGEMENT Project Administration Administrative Services Project Manager Senior Project Manager Senior Project Engineer 15 $65.00 hour $975.00 20 $98.00 hour $1,960.00 1 $128.00 hour $128.00 1 $128.00 hour $128.00 Subtotal = $3,191.00 ESTIMATED OBSERVATION AND TESTING FEE ESTIMATED TOTAL = $20,189.00 *We anticipate providing multiple services during some trips; therefore, the quantity of services estimated may not equal the quantity of trips estimated. It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate if the total booked is less than the estimate. The number of tests, trips, and hours on -site are primarily controlled by the contractor's schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on -site time to determine if our estimate is compatible with their production. The estimated cost can then be revised if necessary. Responsive ■ Resourceful Reliable Page 160 of 187 lierracon- SUPPLEMENT TO AGREEMENT FOR SERVICES CHANGE TO SCOPE OF SERVICES AND FEES Reference Number: P13201008R This SUPPLEMENT to AGREEMENT FOR SERVICES to the original Agreement for Services (original Agreement dated 03/18/2019, Agreement reference number 13195025) is between City of Waterloo IA ("Client") and Terracon Consultants, Inc. ("Consultant") for additional or changed Services to be provided by Consultant for Client on the Project, as described in the Agreement for Services. This Supplement is incorporated into and part of the Agreement for Services. 1. Scope of Services. The scope of the additional or changed Services are described in the Scope of Services section of the Consultant's Supplemental Proposal, unless Services are otherwise described below or in Exhibit B to this Supplement (which section or exhibit are incorporated into the Supplement). See revised proposal dated 4-30-2020 2. Compensation. Client shall pay compensation for the additional or changed Services performed at the fees stated in the Supplemental Proposal unless fees are otherwise stated below or in Exhibit C to this Supplement (which section or exhibit are incorporated into the Supplement). See revised cost estimate dated 4-30-2020 All terms and conditions of the Agreement for Services shall continue in full force and effect. This Supplement is accepted and Consultant is authorized to proceed. : n Consultant: j con oM u nts, c. Client: City of Waterloo IA Date: 4/30/2020 By: Date: Name/Title icha ckhart / Office Manager 11 Name/Title: Brian Bowman / Address: 3105 Capital Way, Ste 5 Address: Waste Management Services 3505 Easton Cedar Falls, IA 50613-7030 Ave Waterloo, IA 50702-2000 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 291-4553 Fax: Email: Rick.Lockhart@terracon.com Email: BRIAN.BOWMAN@WATERLOO-IA.ORG Page 1 of 1 Page '1 8nt21R7 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50703 • Phone (319) 291-4553 Date: May 1, 2020 To: Waterloo Mayor and City Council From: Matthew Hosford, P.E., Waste Management Services Re: Supplemental Agreement for Professional Services with Terracon Consultants, Inc. for Material Testing Services on the WWTP Biosolids Modifications Project Background Discussion This is a supplemental agreement between the City of Waterloo and Terracon Consultants, Inc. of Cedar Falls, IA, originally executed April 12, 2019, to provide construction related material testing services required for quality assurance on the F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications Project currently under contract with Woodruff Construction. This agreement will help ensure that the project is completed according to the plans and specifications prepared by the design engineer. The cost of the material testing and observation is not to exceed $20,189.00. The Sanitary Sewer Fund and/or the State Revolving Loan Fund (SRF) will fund this contract. Recommended Action It is recommended that the City Council approve the Supplemental Agreement to the Professional Services Agreement with Terracon Consultants, Inc., originally executed April 12, 2019, in the amount of $20,189.00. Page 162 of 187 CITY OF WATERLOO Council Communication Resolution accepting Grant No. 3-19-0094-048-2020 from the USDOT and FAA, in the amount of $300,000, via the CARES Act and Public Law 116-136, for reimbursements to the Waterloo Regional Airport for lost revenue associated with the COVID-19 pandemic, and authorize the Mayor and City Attorney to execute said document. City Council Meeting: 5/4/2020 Prepared: 4/30/2020 REVIEWERS: Department Reviewer Action Date Airport Felchle, Kelley Approved 5/1/2020 - 12:16 PM ATTACHMENTS: Description Type ❑ Notification of Grant Award from Senator Grassley Cover Memo ❑ FAA CARES Act Grant No: 3-19-0094-0048-2020 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution accepting Grant No. 3-19-0094-048-2020 from the USDOT and FAA, in the amount of $300,000, via the CARES Act and Public Law 116- 136, for reimbursements to the Waterloo Regional Airport for lost revenue associated with the COVID-19 pandemic, and authorize the Mayor and City Attorney to execute said document. Submitted By: Keith Kaspari, Airport Director Approve the Resolution requested by Staff and direct the Mayor and City Attorney to sign where indicated on the grant documents. This grant is from the USDOT and the FAA via the CARES Act legislation passed recently and signed into law by the President. Waterloo has been approved to receive $1,098,305.00. This specific request is solely for the $300,000 as indicated in the grant documents. This grant from the USDOT and the FAA has no local match associated with the receipt or approval to accept. Funds are 100% federal. US DO T via the Federal Aviation Administration, and Public Law 116-136. All use of the funds are open and subject to all federal audits to ensure approved / appropriate use of the funds, and to ensure that all grant recipients follow proper guidance, to include, but not be limited to, the following: A. Buy American; B. Davis -Bacon Federal Wage Rate Act; C. Disadvantage Business Enterprise (DBE) allowing a fair, free, and open Page 163 of 187 Policy Issue: opportunity opportunity for approved DBE Concessionaires to bid on federally funded projects; and, D. Veteran's Preference. This request allows the City of Waterloo to comply with the City's Strategic Plan, as follows: Goal No. 3, and Strategy Nos: 3.1, 3.3, 3.4 and 3.5. Goal No: 4, and Strategy Nos: 4.5, Alternative: No alternatives were selected for this request. Due to the global pandemic known as COVID-19, the federal government authorized funds to assist the airports industry throughout the U.S. funds to assist the airport owners (County and City owned municipalities) funds to continue their day-to-day operations. For this first of possibly two grants issued by the FAA, Airport Staff set aside approximately $300,000 for the purposes noted below. The above funds will assist City staff in reimbursing the City from lost revenues associated with cancelled flights, parking revenues, fuel flowage fees, rental car fees, concession fees, etc. However, it can also be used, as the City deems necessary (and pending FAA approval of all expenditures), for payroll, payment of utilities, and others as noted above. Airport sponsors have approximately 4-years to use the funds. However, while the above request of $300,000 is for the above purpose, the Airport Director has submitted a request, and have received approval, to utilize the balance of the CARES Act funds ($798,305.00), for the following purposes - with some justifications / reasoning for identifying as many of the below listed projects as possible, pending priorities to the airport, and receipt of bids in -hand, and are as follows: 1. Pave GA Terminal Parking Lot — including the paved drive up to the perimeter gate. 2. East Loop of Livingston Lane, from Betsworth Drive to intersect with the concrete pavement near the baggage claim entrance; 3. Betsworth Drive (full length). For my construction calendar, this is estimated to be done once the Osprey Hangar is completed — due to the expected construction traffic on this east one-third of Betsworth; 4. Paving of the parking lot, to a degree, between the fire station and Hangar No: 4; 5. Refueling System for Airport Vehicles. NOTE: This fueling system is inoperable now, and so today we're trying to spend a minimum of funds to Page 164 of 187 Background Information: get it repaired, before its outright replacement. System software is DOS based. 6. Replacement of dated hardware for the access control system; 7. Video monitoring system for both interior and exterior of the passenger terminal; 8. Overhead canopy to the parking lot exit booth — in order to keep the PARC S components out of the wet and winter weather, extending its overall life -cycle — reducing future staff time and parts maintenance. 9. Mobile Set of Air Stairs / Ramp, replacing the antiquated set of stairs that was left over from Ozark Airlines many years ago, This would also allow us to accommodate larger charter flights, and to assist the physically challenged passengers, giving us the ability to retain ADA compatibility requirements as a public transportation facility, when our passenger boarding bridge is out of service, which, is nearing 20-years old, and is annually requiring more maintenance. 10. Other minor -related equipment purchases, such as: A. Batwing Mower — to cut runway and taxiway safety areas and other larger areas of airfield turf. B. Zero Turn Mower — assists in cutting turf around the lights and guidance signs. Note: A & B above is historically an annual lease of equipment at $8,000 so this would save us from having to lease this equipment on an annual basis. C. ARFF Station Ventilation — (Roof vent to discharge Fire Truck Diesel Exhaust while employees are in the Building). D. Department vehicles for admin / operations, if necessary. 11. If funds remain, replacement of dated perimeter gate controllers; and, if I can, to repave the taxilane pavement on the east face of T-Hangar Row B, which albeit is AIP eligible, but receives a very low rating on the NPR (National Priority Ranking) to grade eligibility and priorities of projects. 12. Others TBD - that meet the eligibility requirements of the CARES Act legislation — via final approval by the FAA, and pending any remaining funds. FAA Officials with the Central Region office in Kansas City has informed the Airport Director that they will work with my office on the above requested projects for either equipment purchases or outright paving and other projects as noted above. Legal Descriptions: N/A for this request by Airport Staff. Page 165 of 187 Keith Kaspari From: Sent: To: Cc: Subject: Kuntz, Sherry (Grassley) <Sherry_Kuntz@grassley.senate.gov> Tuesday, April 28, 2020 2:57 PM Keith Kaspari Rector, Matt (Grassley) FAA Award Notice U.S. Department of Transportation Office of Secretary of Transportation 1200 New Jersey Ave., S.E. Washington, DC 2059C NOTICE OF GRANT AWARD Title: DOT Agency Disbursing Funds: Project Name/Number: Award Recipient City/Country/State Place of Performance State Congressional District Entitle Amount Discretionary Amount Total Grant Amount DOT Regional Office/Telephone Number Description: CARES Act Funds Waterloo Regional: CARES Act Funds Federal Aviation Administration Waterloo Regional City of Waterloo, Iowa Waterloo,Black Hawk, IA Waterloo Regional 1 $ 0.00 $ 0.00 $ 300,000.00 Sheila Bridges (816)329-2638 • This grant will provide federal funding for the Waterloo Regional Airport associated with Waterloo, Iowa. • This grant is being funded as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) of 2020. An intent to fund this grant was previously announced by the Secretary of Transportation on April 14, 2020, • This grant provides economic relief funds for any purpose for which airport revenue may be lawfully used. • Waterloo Regional Airport is a nonhub primary airport associated with Waterloo, Iowa. The local point of contact is Mr. Keith Kaspari, Director of Aviation. Mr. Keith Kaspari may be reached at (319) 291-4483. • Following this grant announcement, FAA will notify the sponsor of the allocation. A grant offer will be issued subsequently for this grant as finally formulated. 1 Page 166 of 187 U.S. Department of Transportation Federal Aviation Administration April 29, 2020 Airports Division Central Region Iowa, Kansas, Missouri, Nebraska Mr. Keith Kaspari, MPA, CM Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 3-19-0094-048-2020 FAA ACE-600 901 Locust Kansas City, MO 64106 Dear Mr. Kaspari: Please find the following electronic CARES Act Grant Offer, Grant No. 3-19-0094-048-2020 for Waterloo Regional Airport. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than June 1st, in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then the grant offer will be automatically routed via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, the FAA will email a copy of the executed grant to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terns and conditions of this agreement require you drawdown and expend these funds within four years. An airport sponsor may use these funds for any purpose for which airport revenues may be lawfully used. CARES grant recipients should follow the FAA's Policy and Procedures Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use Policy defines permitted uses of airport revenue. In addition to the detailed guidance in the Revenue Use Policy, the CARES Act states the funds may not be used for any purpose not related to the airport. With each payment request you are required to upload directly to Delphi: ® An invoice summary, even if you only paid a single invoice and • The documentation in support of each invoice covered in the payment request. 1 Page 167 of 187 3-19-0094-048-2020 For the final payment request, in addition to the requirement listed above for all payment requests, you are required to upload directly to Delphi: • A final financial report summarizing all of the costs incurred and reimbursed, and • An SF-425, and • A narrative report. The narrative report will summarize the expenses covered by the CARES Act funds and state that all expenses were in accordance with the FAA's Policy and Procedures Concerning the Use of Airport Revenues and incurred after January 20, 2020. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once you have drawn down all funds and uploaded the required documents to Delphi, please email me to close the grant. 1 am readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts. Sincerely, Jeffrey D. Deitering Iowa State Planner 2 Page 168 of 187 U.S. Department of Transportation Federal Aviation Administration CARES ACT AIRPORT GRANT AGREEMENT PART I ®OFFER 3-19-0094-048-2020 Federal Award Offer Date Airport/Planning Area CARES Grant Number Unique Entity Identifier TO: City of Waterloo, Iowa April 30, 2020 Waterloo Regional 3-19-0094-048-2020 826186959 (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Coronavirus Aid, Relief, and Economic Security Act (CARES Act or "the Act") Airports Grants Application (herein called the "Grant") dated April 22, 2020, for a grant of Federal funds at or associated with the Waterloo Regional Airport, which is included as part of this Grant Agreement; and WHEREAS, the Sponsor has accepted the terms of FAA's Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the Grant Application for the Waterloo Regional Airport (herein called the "Grant") consisting of the following: This Grant is provided in accordance with the CARES Act, as described below, to provide eligible Sponsors with funding to help offset a decline in revenues arising from diminished airport operations and activities as a result of the COVID-19 Public Health Emergency. CARES Act Airport Grants amounts to specific airports are derived by legislative formula. The purpose of this Grant is to maintain safe and efficient airport operations. Funds provided under this Grant Agreement must only be used for purposes directly related to the airport. Such purposes can include the reimbursement of an airport's operational and maintenance expenses or debt service payments. CARES Act Airport Grants may be used to reimburse airport operational and maintenance expenses directly related to the Waterloo Regional Airport incurred no earlier than January 20, 2020. CARES Act Airport Grants also may be used to reimburse a Sponsor's payment of debt service where such payments occur on or after April 14, 2020. Funds provided under the Grant will be governed by the same principles that govern "airport revenue." New airport development projects may not be funded with this Grant, unless and until the Grant Agreement is amended or superseded by a subsequent agreement that addresses and authorizes the use of funds for the airport development project. NOW THEREFORE, in accordance with the applicable provisions of the CARES Act, Public Law Number 116-136, the representations contained in the Grant Application, and in consideration of, (a) the 3 Page 169 of 187 3-19-0094-048-2020 Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $ 300,000.00. 2. Period of Performance. The period of performance shall commence on the date the Sponsor formally accepts this agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343) . The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the CARES Act. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only. 5. Final Federal Share of Costs. The United States' share of allowable Grant costs is 100%. 6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Grant Agreement, the CARES Act, and the regulations, policies, standards and procedures of the Secretary of Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before June 1st, 2020, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or 4 Page 170 of 187 3-19-0094-048-2020 misused in any other mariner, including uses that violate this Grant Agreement, the CARES Act or other provision of applicable law. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Grant Agreement. 11. System for Award Management (SAM) Registration And Universal Identifier Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any expense which funds are provided under this Grant. The Sponsor will include a provision implementing applicable Buy American statutory and regulatory requirements in all contracts related to this Grant Agreement. 15. Audits for Private Sponsors. When the period of performance has ended, the Sponsor must provide a copy of an audit of this Grant prepared in accordance with accepted standard audit practices, such audit to be submitted to the applicable Airports District Office. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/ . Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 17. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting the entity is not 5 Page 171 of 187 3-19-0094-048-2020 excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g. sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 18. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 19. Trafficking in Persons. A. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not — 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the award. B. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — 1. Is determined to have violated a prohibition in paragraph A of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either — a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200. 6 Page 172 of 187 3-19-0094-048-2020 3. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A during this award term. 4. Our right to terminate unilaterally that is described in paragraph A of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and b. Is in addition to all other remedies for noncompliance that are available to the FAA under this award. 20. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal office or employee responsible for oversight of a grant program; e. A court or grand jury; f. A management office of the grantee or subgrantee; or g. A Federal or State regulatory enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). 7 Page 173 of 187 3-19-0094-048-2020 21. Employee Retention. Waterloo Regional Airport, as a small, medium or large hub airport, agrees to continue to employ, through December 31, 2020, at least 90 percent of the number of individuals employed (after making adjustments for retirements or voluntary employee separations) by the airport as of March 27, 2020, unless this provision is specifically waived by the Secretary at the airport Sponsor's written request. The Sponsor shall provide to the FAA the number of employees employed as of March 27, 2020, within 10 business days of this Grant being awarded. Provided further, the Sponsor will report to the FAA the number of employees as of June 30, September 30, and December 31 of 2020, within 10 business days of the end of each reporting period. 22. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement. SPECIAL CONDITIONS 23. ARFF and SRE Equipment and Vehicles. The Sponsor agrees that it will: A. House and maintain the equipment in a state of operational readiness on and for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle and equipment; C. Restrict the vehicle to on -airport use only; D. Restrict the vehicle to the use for which it was intended; and E. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the acquisition of a vehicle and equipment. 24. Equipment or Vehicle Replacement. The Sponsor agrees that it will treat the proceeds from the trade-in or sale of equipment being replaced with these funds as airport revenue. 25. Off -Airport Storage of ARFF Vehicle. The Sponsor agrees that it will: A. House and maintain the vehicle in a state of operational readiness for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle; C. Restrict the vehicle to airport use only; D. Amend the Airport Emergency Plan to reflect the acquisition of the vehicle; E. Within 60 days, execute an agreement with local government including the above provisions and a provision that violation of said agreement could require repayment of Grant funding; and F. Submit a copy of the executed agreement to the FAA. 26. Equipment Acquisition. The Sponsor agrees that it will maintain Sponsor -owned and -operated equipment and use for purposes directly related to the airport. 27. Utilities Proration. For purposes of computing the United States' share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport. 28. Utility Relocation in Grant. The Sponsor understands and agrees that: A. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs; 8 Page 174 of 187 3-19-0094-048-2020 8. FAA participation is limited to those utilities located on -airport or off -airport only where the Sponsor has an easement for the utility; and C. The utilities must serve a purpose directly related to the Airport. The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the CARES Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Grant and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION pan. 4. (Signature) Jim A. Johnson (Typed Name) Director, Central Region Airports Division (Title of FAA Official) 9 Page 175 of 187 3-19-0094-048-2020 CARES ACT ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act or "the Act"), Public Law Number, Public Law 116-136. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of this Grant offer by the sponsor, these assurances are incorporated into and become part of this Grant Agreement. B. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following: FEDERAL LEGISLATION a. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. b. Hatch Act — 5 U.S.C. 1501, et seq. c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. d. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). e. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. f. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended. h. Coastal Zone Management Act, P.L. 93-205, as amended. i. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. j. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). k. Rehabilitation Act of 1973 - 29 U.S.C. 794. I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). m. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). n. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. o. American Indian Religious Freedom Act, P.L. 95-341, as amended. p. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq. q. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373. 12 Page 176 of 187 J. 3-19-0094-048-2020 r. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. s. Copeland Anti -kickback Act - 18 U.S.C. 874.1. t. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. u. Wild and Scenic Rivers Act, P.L. 90-542, as amended. v. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. w. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. x. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109- 282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 - Environmental Justice g. Executive Order 13788 - Buy American and Hire American h. Executive Order 13858 - Strengthening Buy -American Preferences for Infrastructure Projects FEDERAL REGULATIONS a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1 - Procedures for predetermination of wage rates. g• 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act). i. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). 49 CFR Part 20 - New restrictions on lobbying. 13 Page 177 of 187 3-19-0094-048-2020 k. 49 CFR Part 21 - Nondiscrimination in Federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. I. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Program .49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. m. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. n. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. o. 49 CFR Part 32 - Government -wide Requirements for Drug -Free Workplace (Financial Assistance). 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA). 49 CFR Part 41 - Seismic safety of Federal and Federally assisted or regulated new building construction. P. q. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. 1. Purpose Directly Related to the Airport It certifies that the reimbursement sought is for a purpose directly related to the airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant 14 Page 178 of 187 3-19-0094-048-2020 Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. 5. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 6. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed -based operator is not an exclusive right if -- a. it is unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide the services; and b. allowing more than one fixed -based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. 7. Airport Revenues. This Grant shall be available for any purpose for which airport revenues may lawfully be used. CARES Act Grant funds provided under this Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned 15 Page 179 of 187 3-19-0094-048-2020 or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums. 8. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 9. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CPR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the 16 Page 180 of 187 3-19-0094-048-2020 provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." d. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. e. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub - grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. f. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 17 Page 181 of 187 3-19-0094-048-2020 10. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 11. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per -unit acquisition cost equal to or greater than $5,000. Procurements by micro - purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. 18 Page 182 of 187 CITY OF WATERLOO Council Communication 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers City Council Meeting: 5/4/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/28/2020 - 9:58 AM Submitted by: Submitted By: Page 183 of 187 CITY OF WATERLOO Council Communication Leisure Services Commission minutes of February 11, 2020. City Council Meeting: 5/4/2020 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 4/22/2020 - 3:00 PM Clerk Office Higby, Nancy Approved 4/28/2020 - 10:09 AM ATTACHMENTS: Description Type ❑ 2/11/2020 Minutes Cover Memo SUBJECT: Leisure Services Commission minutes of February 11, 2020. Submitted by: Submitted By: Page 184 of 187 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, February 11, 2020 Byrnes Park Office 1101 Campbell Avenue Brenda Durbahn called the meeting to order at 7:35am. Present: Brenda Durbahn, Jadyn Spencer, Sharon Samec, Tom Powers, Council Liaison Dave Boesen Staff: Paul Huffing, Chris Dolan, Travis Nichols, Mark Gallagher, JB Bolger and Bill Bachman Absent: Bob Bamsey, Tom Christensen, Xavier Leonard Brenda Durbahn called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Tom Powers Ayes: All. Nays: None Brenda Durbahn called for motion for approval of the 01/14/2020 meeting minutes. The minutes were corrected to show "FYE2021 ". Motion by Tom Powers to approve corrected minutes, second by Sharon Samec Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Motion by Sharon Samec to approve bills, second by Jadyn Spencer Ayes: All Nays: None TOBACCO AND NICOTINE FREE PARKS POLICY Leisure Services staff, commission chair and park committee chair met with representatives of Pathways Behavioral Services about enacting a new policy promoting tobacco and nicotine free parks. Jackie Preston from Pathways Behavioral Services was present. She provided information on tobacco/nicotine use in public parks. Discussion was held on the proposed policy. Resolution by Tom Powers to adopt the new policy, second by Sharon Samec Ayes: all Nays: none Tobacco and Nicotine Free Parks Tobacco and nicotine use in the proximity of children and adults engaging in or watching outdoor recreational activities at City owned or operated parks and recreational facilities is detrimental to their health and can be offensive to those using such facilities. In addition to the regulations of the Iowa Smokefree Air Act, tobacco and nicotine use, including but not limited to cigarettes, cigars, chewing tobacco, snuff, pipes, Electronic Nicotine Delivery Systems (ENDS), and nicotine products that are not Food and Drug Administration (FDA) approved for tobacco cessation, is prohibited at all times from park grounds. This includes but is not limited to any park, playground, athletic field and complex, skate park, aquatic areas, shelters or recreation facility, excluding the course of play at the Waterloo Municipal Golf Courses. This tobacco/nicotine/ENDS policy applies to all employees, independent contractors, board members, participants in events, and the general public while on park grounds Page 185 of 187 FYE2021 BUDGET PROCESS UPDATE Personal Services budget information has been submitted to the Finance Department. Contractual and commodities line item requests have also been submitted. Additional contractual funds will be requested for maintenance of the new University Avenue corridor. The FYE2021 budget must be certified by the end of March. STAFF UPDATES Young Arena — Chris Dolan Attendance has been about average for Black Hawk games. Staff has received positive feedback on the LED lights. March 7th will be the AAU wrestling tournament hosted by the Waverly wrestling group. Staff will be submitting a preapproval for the west side roof repairs. Sports and SportsPlex — Mark Gallagher Youth and adult winter sports are in progress. The instructional swim program with the Waterloo Schools is going well. There is a drop in soccer program at the SportsPlex that is attracting participants. The turf area is being heavily used by HCC and UNI for soccer and track teams. There are two indoor softball tournaments scheduled. The Multipurpose room is being rented for employee training programs during the day, generating a nice income stream. Forestry — Todd Derifield Forestry Crews are working on trim requests and tree removals in parks. Staff is working on winter equipment maintenance and have helped with excavation project at Gates. The Plant Waterloo! Residential tree program was approved by Council. We will begin selling 240 trees to Waterloo residents. Tree distribution will be April 30th. Todd shared information on the bike trail bridges along Ranchero Road and Sergeant Road. Engineering Department is responsible for major repairs of the bike trails. Commissioner Powers suggested seeing federal assistance to repair or replace these bridges as part of the Cedar Valley Coalition trip to Washington D.C. Construction — Travis Nichols Crews are assisting with improvements at the Five Sullivan Brothers Convention Center, running the winter garbage routes, working on inspections and general maintenance. The engineered stamped plans for the skate park should be received today. Golf and Downtown Area — JB Bolger Crews are working on excavating the pond at Gates Golf. The construction of the new maintenance building at Gates is almost complete. Cross country trails at Warren and South Hills are being heavily used this season. RAGRAI will have an overnight stay in Waterloo. Exchange Park will be a campground location; EXPO will be the entertainment area for this event. The next regular Leisure Services Commission Meeting will be held Tuesday, March 10, 2020 at the 1101 Campbell office. Bob Bamsey will not be at the meeting. Sharon Samec made a motion to adjourn, second by Toni Powers. Brenda Durbahn adjourned the meeting at 8:30am. Page 186 of 187 Sharon ' amec, Secretary Signed thig Date Page 187 of 187