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HomeMy WebLinkAboutCouncil Packet - 1/27/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, January 27, 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 129 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Randy Bennett, Public Works Divison Manager Agenda, as proposed or amended. Minutes of January 21, 2020, Regular Session, as proposed. Recognition of Julie Dawson for 30 Years of Service. 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 the request of Brian and Brenda Holman for tax exemptions on the construction of a new single family home valued at $240,000, for property located at 711 Short Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution approving the request of Scott Hambly for tax exemptions on the construction of home improvements valued at $30,000, for property located at 1516 Newell Street and located in the Consolidated Urban Revitalization Area (CU RA). Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving the request of Shawn Hoosman for tax exemptions on the construction of a garage and home improvements valued at $30,000, for property located at 333 Wendell Court and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving the request of Ron Knudsvig for tax exemptions on the construction of a single family home valued at $650,000 for property located at Page 2 of 129 4847 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving the request of Ian Crowther -Green for tax exemptions on the construction of a single family home valued at $303,675 for property located at 1306 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as February 13, 2020, and date of public hearing as February 17, 2020, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and instructing the City Clerk to publish said notice. Submitted By: Matt Schindel, Associate Engineer 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 27, 2020, and date of public hearing as March 2, 2020, for the FY 2020 University Avenue Reconstruction - Phase 3 from Evergreen Avenue to Highway 63, Contract 971, and instruct City Clerk to publish said notice. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving request to seek proposals for Digital Signage System Design, Upgrade and Installation for the Waterloo Public Library. Submitted By: Nick Rossman, Library Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Todd Derifield, City Forester Class/Meeting: Iowa State University Shade Tree Short Couse Destination: Ames, IA Dates: February 26-27, 2020 Amount not to exceed: $288 b. Officers Ehlers, Northup and Woodward Class/Meeting: Physical Surveillance School Destination: Des Moines, IA Dates: March 9-13, 2020 Amount not to exceed: $400 c. Sgt. Hoelscher Class/Meeting: Open Sight Rifle Instructor Recertification Destination: Des Moines, IA Dates: November 13, 2020 Amount not to exceed: $175 2. LIQUOR LICENSES a. Amalgamated Local 838 UAW, 2615 Washington Street Page 3 of 129 Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date: 2/29/2020 b. New Star Fletcher, 315 Fletcher Avenue Class: B Wine / C Beer / E Liquor New Application Includes Sunday Expiration Date: 1/29/2021 3. APPOINTMENTS a. Brad Condon Board/Commission: Board of Adjustment Expiration Date: February 2, 2025 Re -Appointment PUBLIC HEARINGS 2. Wastewater Treatment Plant Biosolids Modifications, Contract No. 994. 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 specifications, bid documents, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to Treatment Operations Supervisor for further review. Submitted By: Brian Bowman, Treatment Operations Supervisor RESOLUTIONS 3. Resolution approving an amendment to the City of Waterloo Policy Regarding Residency of Critical Municipal Employees and City Department Heads by removing fire fighters, Waterloo Fire Rescue medical supervisors, and Regional Training Center Coordinator, from the policy. Submitted By: Pat Treloar, Fire Chief 4. Resolution approving and accepting a Sanitary Sewer Easement Agreement in the amount $25,000, with JARF, LC, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 1369-1425 Martin Road, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving Supplemental Agreement No. 2 with Ament Design, in an amount not to exceed $50,543.30, for construction review services, in conjunction with pavement widening of Ansborough Avenue, from Black Hawk Road, north 0.1 Miles, to Downing Avenue, DOT Project Number STP-A-8155(757)--86-07, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 6. Resolution approving declaring a climate crisis and requesting immediate and Page 4 of 129 accelerated action to address the climate crisis and keep global warming to 1.5 degrees Celsius. Submitted By: Jonathan Grieder, Ward 2 Council member ORDINANCES 7. An ordinance amending the City of Waterloo City Code by repealing Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions (5-3-15), in its Entirety, and Rescinding Ordinance No. 5522. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code by repealing Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions (5-3-15), in its entirety, and rescinding Ordinance No. 5522. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Margaret Klein, Ward 1 Council member 8. An ordinance amending the City of Waterloo 2008 Traffic Code by deleting subsections (2) and (16) of Section 273, No Parking, and inserting in lieu thereof new subsections (2) and (16) to Section 273, No Parking. Motion to receive, file, consider and pass for the first time an ordinance amending the City of Waterloo 2008 Traffic Code by deleting subsection (2) and subsection (16) of Section 273, No Parking, and inserting in lieu thereof a new subsection (2) and subsection (16) to Section 273, No Parking. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Petersen, City Attorney 9. An ordinance amending the City of Waterloo 2008 Traffic Code by deleting Section 286, Parking for Certain Purposes Prohibited and inserting in lieu thereof a new Section 286, Parking for Certain Purposes Prohibited. Motion to receive, file, consider and pass for the first time an ordinance amending the City of Waterloo 2008 Traffic Code by deleting Section 286, Parking for Certain Purposes Prohibited and inserting in lieu thereof a new Section 286, Parking for Certain Purposes Prohibited. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Petersen, City Attorney OTHER COUNCIL BUSINESS 10. Motion to approve Change Order No. 1 to ECCO Midwest, Inc., for a net increase of $8,000, in conjunction with additional asbestos removal, for property located at 1100 Grant Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Director Community Planning and Development 11. Motion to approve Change Order No. 2, to J.F. Brennan Co., Inc., for a net Page 5 of 129 decrease of $93,000, in conjunction with the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 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 meeting minutes of December 10, 2019. 2. Communication from the Central Garage Public Works Department on the notice of the conclusion of employment for Blake Schmit, Mechanic, effective January 10, 2020 with recommendation of approval of payout of $628.28 for unused benefits. 3. Communication from the Central Garage Public Works Department on the notice of the conclusion of employment for Danny Heine, Mechanic, effective January 13, 2020 with recommendation of approval of payout of $7,465.82 for unused benefits. Page 6 of 129 CITY OF WATERLOO Council Communication Minutes of January 21, 2020, Regular Session, as proposed. City Council Meeting: 1/27/2020 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Minutes of January 21, 2020 Backup Material Submitted by: Submitted By: Date 1/22/2020 - 10:37 AM Page 7 of 129 January 21, 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 Tuesday, January 21, 2020. Mayor Quentin Hart in the Chair. Roll Ca11: Boesen, Amos, Morrissey, Klein, Feuss, Grieder. Mrs. Juon joined via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director 157331 - Morrissey/Amos that the Agenda, as proposed, for the Regular Session on Tuesday, January 21, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157332 - Morrissey/Amos that the Minutes, as proposed, for the Regular Session on Monday, January 13, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jay Nardini, 5414 Bluebonnet Drive, commented that he and his wife have had involvement with the Hospitality House and the Warming Center. He stated that everyone wants to provide a safe environment. He understands that the fire code requires a sprinkler and stated that he spoke with the City Attorney, Mayor, and Dr. Holcomb from Hawkeye Community College. It is the desire of the college to keep the center open and to look at moving the warming center to the former Hawkeye Community College metro center. He asked the council to support keeping the current warming center open. He believes more people would use the center if it were closer to downtown and believes that the likelihood of someone being injured by a fire would be less than someone getting frostbite. Rev. Scott Spence, 151 Lovejoy, First Congregational Church, encouraged council to keep the warming center open. Chris Schwartz, 214 Highland and Black Hawk County Supervisor, commented that after people died on the street from the cold last year, they decided that something needed to be done to help people stay warm in the winter. He stated that he understands the need for fire restrictions and appreciates the need for sprinkler systems. He stated that the city is willing to work with them as they continue to work to meet needs of people in the community. David Dryer, 3145 W. 4th Street, commented that there are public facilities that are all sprinkled and questioned why they cannot put cots up in council chambers and let people live here. He commented that he is a naysayer on climate change and that enough data is not available to know what will happen in a given year. He commented that he does not support the resolution. Forest Dillavou, 1725 Huntington Road, commented on two homes recently purchased by the city of Waterloo. Todd Obadal, 124 Amity Drive, commented that he supports keeping the warming center open. Mr. Morrissey commented that he supports keeping the warming center open. He stated that the city's Human Services budget is non-existent and the Human Rights budget is incredibly small. He hopes that these areas can improve in the future. He stated that the Ban the Box ordinance needs to be defended and in place in every city in the state. He further commented on the fact that downtown businesses are upset with snow removal and asked that the snow be cleared faster. He questioned if business owners are responsible for snow removal in front of their business and the time frame for removing snow. He suggested that the city move to alternating side of street parking and ticket and tow those that ignore a snow emergency. Mrs. Klein commented that Raja Chari was in Waterloo today and is training for a Mars mission. He is from Cedar Falls but attended Columbus High School. She distributed a memo to the Mayor and City Clerk requesting that a motion be placed on the agenda to rescind the Fair Chance Initiative ordinance. Page 8 of 129 January 21, 2020 Page 2 Mr. Grieder commented that he supports keeping the warming center open and encouraged the city council to support a climate action plan. Mr. Amos commented that council and the mayor have been actively working on the warming center concern. Mr. Boesen commented on the concerns brought before council regarding the warming center and supports finding an alternative location, such as the County Courthouse basement, instead of deviating from the code. Mayor Hart commented that this is a difficult position and asked that the citizens be careful to not mischaracterize the codes of the city and the Fire Department. He encouraged everyone to work together to find an ideal temporary solution and a permanent fix down the road. 157333 - Morrissey/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157334 - Morrissey/Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 21, 2020, in the amount of $2,871,280.05, 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. 2020-29. 2. Resolution approving the request of Lola Burt for tax exemptions on the construction of home improvements valued at $25,000, for property located at 522 Albany Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2020-30. 3. Resolution approving the request of Curtis Plain for tax exemptions on the construction of home improvements valued at $51,500, for property located at 1107 Lincoln Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. No. 2020-31. 4. Resolution approving the request of John Monaghan for tax exemptions on the construction of a single family home valued at $800,000, for property located at 4891 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-32. 5. Resolution approving the request of Eric Hyde for tax exemptions on the construction of a single family home valued at $168,780 for property located at 1201 Vermont Street, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-33. 6. Resolution approving the request of Elvis Cejvanovic for tax exemptions on the construction of a single family home valued at $330,000, for property located at 1732 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-34. Page 9 of 129 January 21, 2020 Page 3 7. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 114 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-35. 8. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 116 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-36. 9. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 128 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. No. 2020-37. 10. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 130 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-38. 11. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 185 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-39. 12. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 187 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-40. 13. Resolution approving the request of DS Rental for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5801 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-41. 14. Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5805 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-42. 15. Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5626 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-43. 16. Resolution setting the date of public hearing as February 4, 2020 to approve the request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-44. Page 10 of 129 January 21, 2020 Page 4 1. 2. a. b. 17. Resolution approving request to certify assessment to 610 Oneida Street in the amount of $2,450, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2020-45. 18. Resolution approving naming financial institution depositories for the City of Waterloo, Iowa and rescinding Resolution No. 2017-004. Resolution adopted and upon approval by Mayor assigned No. 2020-46. b. Motion to approve the following: a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Wayne Castle, Associate Engineer Asphalt Paving Association of Iowa - Introduction to Asphalt Des Moines, IA January 27, 2020 $275 Kelly Martin, Housing Rehab Specialist Lead Inspection Risk Assessor Certification- Third Party Test Cedar Rapids, IA January 24, 2020 $140 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The Loft, 710 Jefferson Street #4 C Liquor New 1/12/2021 x Spectra Venue Management, 200 W. 4th Street C Liquor w/Outdoor Service and Catering New 1/31/2021 x Wishbone, 201 W. 18th Street C Liquor w/Outdoor Service Renewal 1/31/2021 x 3. Recommendation of appointment of Brianne Boss to the position of Aquatics/Safety Services Specialist in the Leisure Services Department, effective February 3, 2020. 3. Recommendation of appointment of Jonathan Etringer, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective January 22, 2020. 3. Recommendation of appointment of Todd Swarts, from the Civil Service List, to the position of Fleet Parts and Supply Clerk, pending completion of physical and drug testing, effective February 5, 2020. Roll call vote -Ayes: Seven. Motion carried. RESOLUTIONS 157335 - Amos/Feuss that "Resolution approving request of Airport Director for a directive to begin working with officials from the Federal Aviation Administration to decommission and future permanent closure, of Runway 6-24 at the Waterloo Regional Airport, due to the severe pavement condition of this runway surface, and authorizing the Mayor and City Clerk to execute documents regarding the decommissioning or closure process", be adopted. Todd Loes, 155 Woodlawn, commented that other cities in the Midwest have been able to maintain their third, former military runways. He proposed the city consider keeping a narrow portion of the runway available as an alternate when there is an accident or maintenance on the other two runways. Hugh Field, Airport Board chair, commented that under Ord. 4400, the operation and maintenance of the airport are delegated to the commission. The board has never made a decision to decommission Page 11 of 129 January 21, 2020 Page 5 the runway. He explained that he has not seen any of the cost to decommission the runway and questioned the council's authority to take this step. He stated that he would potentially resign as board chair if council votes to decommission the runway. Wayne Natham, 548 Cloverdale, commented that he is a pilot, landed on the runway, and did not see a problem with the runway. He stated he believes the push to decommission the runway is due to economic development. Jeff Engle, 1235 Peters Drive, commented that the airport usage is very misunderstood. Light aircraft that move business owners and workers around the country to conduct business. He asked that the council consider maintaining the runway. David Johnson, 1802 Rainbow Drive, commented that he is a pilot for a major airline and a flight instructor. He stated that having three runways is a benefit to the community. He stated that closing the runway would at times cause a 60-degree crosswind which is difficult for flight students to land on. Scott Voight, 704 Lynkaylee Drive, commented that he is the vice chair of the Waterloo Airport Board. He stated that the third runway is an asset that will never be able to be used if the runway is decommissioned. He questioned why the city would stick money into decommissioning an asset when it could put money into enhancing the asset. He also explained that he is a business owner and flies throughout the state for work. The commission has not yet voted and asked that they get the chance to make a decision. Joel Harris, 912 Clough, commented that he is a private pilot and a business person in Waterloo. He explained he feels very strongly about keeping the runway open, especially since this is a safety issue. The commission needs to have a chance to make a decision on the runway prior to the council taking action. He stated that other regional airports are flourishing because the cities make their airports a priority. Mr. Boesen commented that he wants to make sure this action is being taken for the right reason. If it is for economic development, he is not in support. He would recommend postponing until the Airport Board can act. Mr. Morrissey questioned if there is a need to make this decision tonight. Keith Kaspari, Airport Director, commented that in five years, no member of the aviation community has come to him with creative, private, ways to repair the runway. The feasible way to pay for it is to bond for repairs. He is very concerned that the city is liable for the lack of maintenance of the runway. Mr. Morrissey questioned if this could be postponed for 4-6 weeks to allow the Airport Board to act. He questioned how many communities outside of Waterloo use the airport. Keith Kaspari commented that the Board meets again next week. Mr. Morrissey questioned how many communities outside of Waterloo pay into the operations, maintenance and improvements. Keith Kaspari stated there are none other than Waterloo. Mrs. Klein commented that the two liaisons to the airport board brought this resolution forward not the Airport Director and that the liaisons were provided an opportunity to tour the runways to see the condition first hand. She explained that she supports the decommission of the runway. Mr. Feuss commented that he is also a liaison on the board and took a visual tour of the condition of the runway. He stated that $300,000 was budgeted and not used and it is time again to look at budgeting to meet other needs within the city. He further questioned the timeframe for decommissioning the runway. Keith Kaspari commented it would take 18-24 months to keep the runway open. He further commented that keeping the runway open during that time exposes the city to liability. Page 12 of 129 January 21, 2020 Page 6 Mr. Grieder questioned when was the last time the runway was repaved. Keith Kaspari stated its been thirty-nine years. Mr. Grieder questioned if the cost would be comparable, more or less to decommission the runway when compared to other solutions. Keith Kaspari stated the cost would be much less to decommission the runway. Mr. Morrissey questioned if the taxpayers have paid any cost towards the airport. Keith Kaspari confirmed and explained that FAA grant funds require a match in local funds in the amount of 10 percent. Mr. Morrissey questioned if any other communities have paid to help keep the airport open. Keith Kaspari explained that Waterloo is the owner operator of the airport and no other city is required to provide support. 157336 - Morrissey/Boesen To postpone the vote until February 10, 2020, to give the airport commission time to meet, make a report, and submit it to the city council, to include decommissioning, and requiring other communities to pay into the airport. Roll call vote -Ayes: Four. Nays: Three (Amos, Klein, and Grieder). Motion carried. Mr. Feuss asked to include in the motion, that the board discuss decommissioning the runway. Mr. Morrissey agreed. Mr. Amos commented that he has listened to a lot of conversations about the airport. There is not consensus on the board as to what direction to take. He does not support the motion. Mrs. Klein commented that she finds that on that board there is a lot of tension and two administrators have supported decommissioning the runway. Mr. Grieder questioned if this question came up in 2017. Mayor Hart commented that a request was asked to be placed in the CIP but was not supported. Mr. Grieder commented that postponing this is only going to prolong the pain. Mr. Morrissey commented that it is a matter of fairness and decency to allow the commission to meet. Mr. Boesen commented that he supports delaying the vote to allow the commission time to make a decision. Mr. Amos clarified his reason for not supporting the motion to postpone. 157337 - Morrissey/Amos that "Resolution approving a Black Hawk County Gaming Association grant application for a trailer and supplies to be used by Waterloo Neighborhood Services for National Night Out, in the amount of $5,500", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-47. 157338 - Morrissey/Amos that "Resolution approving a one month Lease Agreement with The Bowlers Group II, of Waterloo, Iowa, in the amount of $1, for the use of a parking lot owned by the City of Waterloo, located south Page 13 of 129 January 21, 2020 Page 7 of 650 La Porte Road, and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why the city purchased the property and is now renting the property back to the previous owner. Noel Anderson, Community Planning and Development Director, provided an overview of the item. John Sherbon, 1715 Robin Road, commented that the rent should be higher. Wayne Natham, 548 Cloverdale, commented that he believes the rent should be higher and questioned who would be liable for accidents. Resolution adopted and upon approval by Mayor assigned No. 2020-48. 157339 - Morrissey/Amos that "Resolution approving the FY 2020 Economic Development Grant Agreement with GROW Cedar Valley, in the amount of $28,500, with $56,500 in potential incentive funds, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen commented that he would like copies from previous reports. Mr. Morrissey questioned if council has had meetings with Grow Cedar Valley. Lisa Skubal, Grow Cedar Valley, commented that prior reports would be sent to council. She explained how the organization has worked with the city over the years and a meeting will be coming up soon to report on activities in the last year. Mr. Morrissey commented that he wants the report to show when projects carryover from each reporting period. Resolution adopted and upon approval by Mayor assigned No. 2020-49. 157340 - Klein/Feuss that "Resolution approving a Real Estate Purchase Agreement with H & A L.C., in the amount of $145,000 with up to $5,000 in closing costs, to purchase 100-114 East loth Street, 105 East l lth Street and assessor parcel number 8913-25-181-004, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned who owns H & A L.C., if an immediate need for the property exists, and the impact on the taxpayer. Noel Anderson provided an overview of the item. Forest Dillavou, 1725 Huntington Road, commented that the city has too many properties and does not recommend pursuing this agreement. Mr. Grieder commented on the inherent need to spend money up front to receive the long term benefits available and asked Noel what benefit there is to the taxpayers for the properties the city is purchasing. Noel Anderson commented that a work session will be put together to provide an overview of the benefit of acquiring dilapidated properties and developing them in the future. Resolution adopted and upon approval by Mayor assigned No. 2020-50. 157341 - Klein/Feuss that "Resolution rescinding Resolutions No. 2017-558 and 2017-566 adopted on July 17, 2017 for a Development Agreement with LK Holdings Waterloo, LLC due to failure to meet stated deadlines of Page 14 of 129 January 21, 2020 Page 8 project commencement and completion as specified within the agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Todd Obadal, 124 Amity Drive, commented that he supports the item and questioned why it is now on the agenda. Noel Anderson explained that the development agreements include reversionary wording to nullify the agreement due to non-performance, however the resolution to rescind is to provide additional documentation used primarily for title purposes. Resolution adopted and upon approval by Mayor assigned No. 2020-51. 157342 - Klein/Feuss that "Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed June 27, 2011, in an estimated amount of $375,000, in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and authorizing the Mayor to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Mr. Morrissey questioned the cost of the previous two supplemental agreements, along with the total amount of the project. Jamie Knutson, City Engineer, commented that he does not have the cost of the prior two agreements at this time but can send him the information and provided an overview of two previous supplemental agreements. Resolution adopted and upon approval by Mayor assigned No. 2020-52. 157343 - Feuss/Morrissey that "Resolution approving a Purchase Agreement with Boland Recreation of Marshalltown, Iowa, in the amount of $52,785.75, in conjunction with the Elks Park Playground Replacement Project, 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. 2020-53. 157344 - Feuss/Morrissey that "Resolution approving a Purchase Agreement with Spohn Ranch Skateparks of Los Angeles, California, in the amount of $358,977, in conjunction with the Riverside Skatepark Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Paul Huting, Leisure Services Director, thanked and recognized the various organizations that made this project possible. Brian Helmrichs, 2237 Edgemont, commented that the bulk of the money has been raised by private donations. Mayor Hart thanked Mr. Helmrichs and the skate park supporters for their advocating for the project. Resolution adopted and upon approval by Mayor assigned No. 2020-54. 157345 - Feuss/Morrissey that "Resolution approving the Iowa DOT Transportation Alternative Program Grant Agreement, for the Park Avenue Bicycle Traffic Signal Improvements Project, No. TAP-U-8155(767)--81-07, in the amount of $137,000, 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. 2020-55. Page 15 of 129 January 21, 2020 Page 9 157346 - Boesen/Amos that "Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $45,176, in conjunction with the purchase of one (1) 2020 3/4 ton, 4 wheel drive, crew cab pickup truck to support Waterloo Fire Rescue operations", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-56. 157347 - Boesen/Amos that "Resolution approving award of bid to Titan Machinery, of Center Point, Iowa, in the amount of $96,250, in conjunction with the purchase of a 2020 Case 580SN wide track backhoe with front wheel drive, to support Sewer Department operations", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey commented that he had heard that the Central Garage is down a few mechanics and is hopeful that the positions will be filled quickly. Resolution adopted and upon approval by Mayor assigned No. 2020-57. OTHER COUNCIL BUSINESS 157348 - Boesen/Amos that Change Order No. 1 for a net increase of $107,125, for the FY 2019 University Avenue Reconstruction - Phase II - Midway Drive to Greenhill Road, Contract No. 934, be received, placed on file and approved. Roll call vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the item. ADJOURNMENT 157349 - Feuss/Grieder that the Council adjourn at 7:35 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 16 of 129 CITY OF WATERLOO Council Communication Resolution approving the request of Brian and Brenda Holman for tax exemptions on the construction of a new single family home valued at $240,000, for property located at 711 Short Street and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/27/2020 Prepared: 1/21/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/22/2020 - 10:22 AM Clerk Office Higby, Nancy Approved 1/22/2020 - 10:29 AM ATTACHMENTS: Description Type ❑ CURA 711 Short Street Form Cover Memo ❑ CURA 711 Short Street Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of Brian and Brenda Holman for tax exemptions on the construction of a new single family home valued at $240,000, for property located at 711 Short Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: None Policy Issue: Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). A part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 89 North, Range 12 West of the 5th P.M., is the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the point that is 355 feet South and 330 feet East of the center of said Section; thence Page 17 of 129 Legal Descriptions: South parallel with the North and South center line of said Section, 140 feet; thence East parallel with the East and West center line of said Section, 152 1/2 feet; thence North parallel with the North and South center line of said Section, 140 feet to the South line of Dearborn Avenue; thence West along the South line of Dearborn Avenue 152 1/2 feet to the point of beginning; AND Part of the Southwest Quarter of Section 29, Township 89, Range 12, West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing 355 feet South and 482.5 feet East of the center point of said Section and extending South 140 feet parallel with the North and South center line of said Section, thence East 152.5 feet parallel with the East and West center line, thence North 140 feet, thence West 152.5 feet to the point of beginning; AND Commencing at a point that is 635 feet South and 535 feet East of the center point of Section 29, Township 89, Range 12 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa, thence extending 100 feet East parallel with the East and West centerline of Section 29, thence 140 feet North parallel with the North and South centerline of Section 29, thence 100 feet West parallel with the East and West centerline, thence South 140 feet to the point of beginning. Page 18 of 129 For Office Use Only Received Staff to date stamp and make a copy for applicant t CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban RevitalizationArea (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 1a working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council NAME: 0- 6 a A f I n SIGNAITU : _ ‘ Y Y u` ADDRESS: ys.� I Lrt y c.i-c. Ri.c� :vein sci a ie i 14 TELEPHONE: 3i 9- VDL -9 5-70 DATE: A. What is the Address of the property being improved? 711 J f or F 61 W a e (11)0 What is the Legal Description ofthe property? (May b'e available at County Recorder's Office on tad r of the Courthouse)? ' , I S ` + X` C" 1 Pt B. Indicate desired exemption schedule: (1 or 2) 1, One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----40% d. Fourth Year 50% g. Seventh Year-----30% b. Second Year-----70% e. Fifth Year 40% b. Eighth Year 30% c. Third Year------. 60% f. Sixth Year----•---40% i. Ninth Year20°% j. Tenth Year-------- 20% C. What was the nature of the improvement(s)? ,Vt IA) CAMIrk U ck-1 d1' D. City of Waterloo Building and Inspections Department Information: PermitNumber: (3 - 5 1)-3 Date permit was issued: l 1 Total permit(s) valuation: E. What was the cost of the improvement? .:) kiD, .001) F. Estimated or actual date of completion of these improvements? f F&�'i( D Q.0 G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED; RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.I. Koenigsfeld Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note; City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 19 of 129 Page 1 of 1 part of the Property; (ili) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 G.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security instrument, "RESPA" refers to all requirements' and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P)in Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender, with power of sale, the following described property located in the COUNTY of Black Hawk: A part of the Northwest Quarter of the Southeast Quarter of Section 29, Township 89 North, Range 12 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at a point that is 355 feet South and 330 feet East of the center of said Section; thence South parallel with the North and South center line of said Section, 140 feet; thence East parallel with the East and West center tine of said Section, 152 1/2 feet; thence North parallel with the North and South center line of said Section, 140 feet to the South line of Dearborn Avenue; thence West along the South line of Dearborn Avenue 152 1/2 feet to the point of beginning; AND Part of the Southeast Quarter of Section 29, Township 89, Range 12, West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing 355 feet South and 482.50 feet East of the center point of said Section and extending South 140 feet parallel with the North and South center line of said Section, thence East 152.50 feet parallel with the East and West center line, thence North 140 feet, thence West 152.50 feet to the point of beginning; AND Commencing at a point that is 635 feet South and 535 feet East of the center point of Section 29, Township 89, Range 12 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa, thence extending 100 feet East parallel with the East and West centerline of Section 29, thence 140 feet North parallel with the North and South centerline of Section 29, thence 100 feet West parallel with the East and West centerline, thence South 140 feet to the point of beginning. 1111111111 1111 * 4 6 3 6 7* EOWA—Single Family--Fann'e Mae/Freddie Mac UNIFORM INSTRUMENT Mortgage Cadence Document Center © 3015 02/19 * M C MOR T D O T* Form 3016 1101 (page 3 of 15 pages, File Number: 2020-0069819P 8e1203 CITY OF WATERLOO Council Communication Resolution approving the request of Scott Hambly for tax exemptions on the construction of home improvements valued at $30,000, for property located at 1516 Newell Street and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/27/2020 Prepared: 1/21/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CURA 1516 Newell Street Form ❑ CURA 1516 Newell Street Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved Approved Type Cover Memo Cover Memo Date 1/22/2020 - 10:28 AM 1/22/2020 - 10:30 AM Resolution approving the request of Scott Hambly for tax exemptions on the construction of home improvements valued at $30,000, for property located at 1516 Newell Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). Country Club Acres Lot 17 Page 22 of 129 For Office Use Only Received by: S Staff to date stamp and matte a copy far applicant CONSOLIDATED URBAN REVITALIZATION AREA t/1s/0 c)0 APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF TI-IE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 1't working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to constructor complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: SC :, k �tiya \ SIGNATURE: ADDRESS: a b t &. -Att,rv4 i vv TEL1tPffoNR: 4,19 Q a t DATE: A. What is the Address of the property being improved? t s I .J Q l' k W o'kv (00 What is the Legal Description ofthe property? (May be available at County Recorder's Office on 2"d floor of the Courthouse)? Cou\1N.��, Clv, acres Lo f 1.1 B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: l/% _ j�`� a. First Year------80% d. Fourth Year 50% g. Seventh Year 30% k e �� b. Second Year-----70% e. Fifth Year 40% h. Eighth Year 30% (� % c. Third Year------60% f. Sixth Year---- ---40% i. Ninth Year20% /� , � % j. Tenth Year20% �f! / C. What was the nature of the improvement(s)? uP ®� kiQy: '? , L 5 ��.y hff�G�0Orl/o6/4 D. City of Waterloo Building and Inspections Department Information: Permit Number Db Dap permit was issued: - t l 19 Total permit(s) valuation: Lk rSD E. What was the cost of the improvement 30/ 00 l 6O % 4 t %t.%fil F. Estimated or actual date ofcompletion of these improvements? 404SePet G. If this is not a singe -family dwelling unit which you own and reside in, will these improvements create a displacement of your tenants? Yes )C No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk Comity Assessor's Office for criteria eligibility. Page 23 of 129 CITY OF WATERLOO Council Communication Resolution approving the request of Shawn Hoosman for tax exemptions on the construction of a garage and home improvements valued at $30,000, for property located at 333 Wendell Court and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/27/2020 Prepared: 1/21/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CURA 333 Wendell Court Form ❑ CURA 333 Wendell Court Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved Approved Type Cover Memo Cover Memo Date 1/22/2020 - 10:30 AM 1/22/2020 - 10:30 AM Resolution approving the request of Shawn Hoosman for tax exemptions on the construction of a garage and home improvements valued at $30,000, for property located at 333 Wendell Court and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Urban Revitalization Area Plan. None N/A Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). Urban Acres Lot 17, North 20 feet of Lot 16 Page 25 of 129 For Office Use Only Received by: e W Staff to date stamp and make a copy for applicant e2D CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 1st working day of Febmfollowing the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City ouncil. fWa NAME: �1�0. n Tr00Si`hGln SIGNATURE: ADDRESS: 33. URTel ta(I Cl `� TELEPHONE: (3 9) 231-09 3S DATE: / /5 —6 0.3.?0 A. What is the Address of the property being improved? 33.. we 040 t) f G+. What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? 8-01 -e42 B. Indicate desired exemption schedule: (I or 2) 1. ne Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year---------80% d. Fourth Year 50% g. Seventh Year----30% b. Second Year 70% e. Fifth Year--------40% b. Eighth Year 30% c. Third Year 60% f. Sixth Year-------40% i. Ninth Year-------20% j. Tenth Year-------20% C. What was the nature of the hnprovement(s)? u pall4-e_d FtA(1 66,4 Fria en D. City of Waterloo Building and Inspections Department Information: 1q- g74s r' 1p-i 0 E. What was the cost o the improvement? 3vj e" F. Estimated or actual date of completion of these improvements? M C) U PrY1 i e t— c [l G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of Permit Number: Date permit was issued: 3 - 21 - your tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENTED DATED: T.S. Koenigsfeld Black Hawk County Assessor 1 Total permit(s) valuation: 12 2(07. Lt/ Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 26 of 129 ADAMS ST CITY OF WATERLOO Council Communication Resolution approving the request of Ron Knudsvig for tax exemptions on the construction of a single family home valued at $650,000 for property located at 4847 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/27/2020 Prepared: 1/21/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/22/2020 - 10:25 AM Clerk Office Higby, Nancy Approved 1/22/2020 - 10:31 AM ATTACHMENTS: Description Type ❑ CLURA 4847 Shelley Court Form Cover Memo ❑ CLURA 4847 Shelley Court Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of Ron Knudsvig for tax exemptions on the construction of a single family home valued at $650,000 for property located at 4847 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Nottingham Third Addition Lot 9 Page 28 of 129 Date Received: Received by: Staff to make� CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Connnunity Planning & Development Department.) 2. This application must be filed with City prior to the ISt working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: r nti.d 5V ADDRESS: LI3 Th PitY9S Oft TELEPHONE: A. What is the Address of the property being improved? SIGNATURE: DATE: Kl' Ad4(M T{ O 4$`trI .3helley Ci- What is the Legal Description of the property? (May be available at County Recorder's Office on 2"floor of the Courthouse) rn B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) I\)evJ hop. Can cAc ion C. City of Waterloo Building and Inspections Department Information: Permit Number: f CI— -71 S1 Date permit was issued: —27 - i') Total permit(s) valuation: 6 ` / 510 D. What was the cost of the new construction? ) 5�� J E. Estimated or actual date of completion of this new construction? ;'^ aq — Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 29 of 129 CITY OF WATERLOO Council Communication Resolution approving the request of Ian Crowther -Green for tax exemptions on the construction of a single family home valued at $303,675 for property located at 1306 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/27/2020 Prepared: 1/21/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Rejected 1/22/2020 - 10:23 AM Planning & Zoning Hyberger, Seth Approved 1/22/2020 - 10:36 AM Planning & Zoning Schroeder, Aric Approved 1/22/2020 - 10:38 AM Clerk Office Higby, Nancy Approved 1/22/2020 - 10:40 AM ATTACHMENTS: Description Type ❑ CLURA 1306 Partridge Lane form Cover Memo ❑ CURA 1306 Partridge Lane Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of Ian Crowther -Green for tax exemptions on the construction of a single family home valued at $303,675 for property located at 1306 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Nottingham Third Addition Lot 9 Page 31 of 129 1/0?)7,)91q CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO .• (( FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 18 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: Th Pi C.19-01)3ircQ C SIGNATURE: ADDRESS: ii PftLrQ1 DEi& J.61-1•1E TELEPHONE: 3}9-529-4-1-89 A. What is the Address of the property being improved? DATE: 01-12— Zap 1300 Poi r--rro What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) S � tAgt ` m/v;(1v Val (0vS-ki c icm C. City of Waterloo Building and Inspections Department Information: Permit Number: -151,41 Date permit was issued: I ! -(31- 1 ' Total permit(s) valuation: D. What was the cost of the new construction?$ 1 OS (i 7 c E. L'stiniated or actual date of completion of this new construction? P- lict CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED Tani McFarland Black tlawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black I Iawk County Assessor's Office for criteria eligibility. Page 32 of 129 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as February 13, 2020, and date of public hearing as February 17, 2020, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and instructing the City Clerk to publish said notice. City Council Meeting: 1/27/2020 Prepared: 1/22/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 1/22/2020 - 10:21 AM Clerk Office Higby, Nancy Approved 1/22/2020 - 10:33 AM SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as February 13, 2020, and date of public hearing as February 17, 2020, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and instructing the City Clerk to publish said notice. Submitted by: Submitted By: Matt Schindel, Associate Engineer Summary Statement: Plans prepared by Wayne Claassen Engineering and Surveying, Inc. Source of Funds: TIFF Page 34 of 129 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 27, 2020, and date of public hearing as March 2, 2020, for the FY 2020 University Avenue Reconstruction - Phase 3 from Evergreen Avenue to Highway 63, Contract 971, and instruct City Clerk to publish said notice. City Council Meeting: 1/27/2020 Prepared: 1/23/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 1/23/2020 - 4:21 PM Clerk Office Felchle, Kelley Approved 1/23/2020 - 4:46 PM SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 27, 2020, and date of public hearing as March 2, 2020, for the FY 2020 University Avenue Reconstruction - Phase 3 from Evergreen Avenue to Highway 63, Contract 971, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Summary Statement: Plans prepared by AEC OM Expenditure Required: TBD Source of Funds: University Avenue Transfer of Jurisdiction Funds Page 35 of 129 CITY OF WATERLOO Council Communication Resolution approving request to seek proposals for Digital Signage System Design, Upgrade and Installation for the Waterloo Public Library. City Council Meeting: 1/27/2020 Prepared: 1/24/2020 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 1/24/2020 - 1:44 PM ATTACHMENTS: Description Type ❑ Request for Proposal (Library Signage) Backup Material SUBJECT: Resolution approving request to seek proposals for Digital Signage System Design, Upgrade and Installation for the Waterloo Public Library. Submitted by: Submitted By: Nick Rossman, Library Director Page 36 of 129 REQUEST FOR PROPOSALS Digital Signage System Design, Upgrade and Installation Waterloo Public Library 415 Commercial Street Waterloo, IA 50701 Deadline for submittal: Friday, February 14, 2020 No later than 4 PM Page 37 of 129 REQUEST FOR PROPOSALS (RFP) Section I General Information 1 Purpose of Solicitation This solicitation is a Request for Proposal(s) (RFP). The purpose is to solicit responses from qualified companies that describe their capabilities to identify, design, install, train, document and service and warranty Digital Signage for The Waterloo Public Library (the library). This responding entity shall be prepared to perform the services listed in this RFP. Such services shall include a turnkey digital signage system, as well as design and installation services that include the services listed in this request and meets the requirements of the described work. 2. Services Requested The Library has determined that the current external signage at the corner of Park and Commercial Streets no longer meets the demands of the staff and patrons that use our library. We would like the following: • Removal of the existing signage, flagpole and concrete bases off below grade with disposal off -site from the corner of Park and Commercial streets. • Design, furnish and install a single faced monument sign approximately 11"2" tall x 12'6" wide. Include a single sided 5'5"x9'3", (5'x9' viewable) full color Watchfire or Daktronics digital sign with 4G wireless ' life of sign' data plan and time and temperature sensor. • All software and training necessary to run display. • Design to look like books and crafted from aluminum Page 38 of 129 Below is a rendering of what we would like the sign to look like WATERLOO p ubilc library rl gather. connect. explore. .1 Riff — - WATERLOO K public library k e.ln.r.r...rl...m9r..II ®WATERLOO public library Respondents to this RFP shall identify their experience and qualifications to perform analysis, design, engineer and install the signage. 3. Proposal Format Proposals must be submitted in the format outlined in this document. Each proposal will be reviewed to determine if it is complete prior to actual evaluation. Proposals not containing all of the requested information will not be considered and will be deemed non -responsive. Respondents shall use the prescribed format to indicate their experience and qualifications, to describe their approach to this project and to explain their proposed contract. 4. Contract Responsibility The signage design and installation provider may identify supplemental work, external to their contract scope, which must be performed by others to allow their proposed signage system to be installed and to be fully functional. The signage design and installation provider must coordinate, cooperate, and schedule their work, with Library staff and IT Department, so that these supplemental work components can be implemented into the chambers. Page 39 of 129 5. Special Provisions A. Reservations The Library reserves the right to accept or reject any or all Proposals as a result of this request, to negotiate with all qualified sources, or to cancel, in part or in its entirety, this Request for Proposal if found in the best interest of the Library. Additionally, although the Library desires to contract with a single firm for all work/services to be provided, the Library reserves the right to split the work/services and deal with multiple firms if it is deemed to be in the Library's best interest. All Proposals become the property of the Waterloo Public Library. B. Contract Terms and Conditions It is understood that any resulting contract executed will contain the following Indemnification and Release language: Hold Harmless Vendor shall protect, indemnify, and hold the Library harmless from and against any damage, cost, or liability for any injuries to persons or property arising from acts or omissions of the vendor, his employees, agents, or subcontractors, howsoever caused. Insurance Certificates of insurance shall be addressed to the Library. All insurance shall be in effect during the term of the contract. Vendor shall provide the following coverage: • General liability, errors, and omissions insurance not less than $1 million for bodily injury including accidental death, to any one person and aggregate. Property damage not less than $1 million for any one accident or aggregate. • Vendor's Protective Liability Damage Insurance in the same minimum coverage as under General Liability Insurance. • Worker compensation insurance in accordance with provisions of the Labor Code of Iowa. 6. Deliverables The deliverables shall be accepted by the Library when (1) the deliverables have been delivered, installed and made ready for use at the Library's site in accordance with the installation and operating specifications; (2) the Library has tested the deliverables and the deliverables have passed testing; (3)the Library's designated staff have received system documentation and training;(4) the Library agrees that deliverables meet or exceed the specifications and those contained in the scope of work and order concerning performance and capabilities of the deliverables. 7. Acceptance Testing Once the deliverables are installed on the Library's premises as specified herein with Page 40 of 129 regard to the final installation date, the Contractor shall notify the Library in writing that the deliverables as specified have been installed in good working order and ready for use, that the modifications or enhancements are completed as defined and specified herein, are in good working order, ready for use, and to the best of the Contractors knowledge is one hundred percent operational and that the deliverables as installed is ready for testing. At that point, the Library shall have thirty 30 working days to perform and complete acceptance testing on -site. If the deliverables as installed and represented passes such testing, the Library shall so notify the Contractor in writing termed the Certificate of Acceptance. If the deliverables as installed fails to pass such testing, the Library shall notify the Contractor in writing and the Contractor shall then have ten (10) working days to correct any failure. The Contractor shall then certify to the Library that the failure has been corrected and the Library shall have ten (10) working days for additional testing at which time the Library shall supply the Certificate of Acceptance if the deliverables passes testing. If the deliverables fails testing twice, at the Library's option: (1) the correction period may be extended as agreed by the parties; or (2) the Library may terminate the Agreement, return the specifications, product and documentation to the Contractor and the Contractor will refund to the Library any payments previously given to the Contractor for the deliverables and modifications or enhancement pursuant to the Agreement. 8. References and Proprietary Information All proposers grant the Library permission to make inquiries concerning the respondent and its qualifications and references to any persons or firms deemed appropriate by the Library. Any proprietary information that the respondent provides in response to this RFP and for which provider does not want disclosed to the public shall be so identified on each page on which it is found. Data or information so identified will be used by the Library solely for the purpose of evaluation and contract negotiations. Disclosure of any of provider's proprietary information by the Library to third parties shall be in strict accordance with the laws and regulations regarding disclosure in the State of Iowa. 9. Award The Waterloo Public Library reserves the right to accept proposals, award proposals and/or not award proposals on individual items listed, on group items or on the proposal as a whole; to reject any and all proposals, to waive any informality in the proposals and to accept the proposal that appears from all consideration to be for the best interest of the Waterloo Public Library. In determining and evaluating the best proposal, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, suitability of the equipment/material offered and the reputation of the equipment/material in general use will also be considered with any other relevant factors. Notice of proposal award, if proposal be awarded, will be made within thirty (30) days of opening of proposals. The Library will authorize the selected respondent to commence Page 41 of 129 performance of the work tasks set forth in the Final Proposal. Receipt of the official Purchase Order of The Waterloo Public Library covering the supplies, materials, equipment or services as described in the Proposal will indicate the award of the proposal and a contract to purchase; upon finalization of the Final Proposal between the selected respondent and the Library. Section II Format Requirements and Preparation Instructions Proposals must be received on or before 4:00 PM, February 14, 2020 at the address indicated below and marked accordingly. Waterloo Public Library 415 Commercial Street Waterloo, IA 50701 Attn: Amy Rousselow Re: digital signage system design, upgrade and installation The Library reserves the right to reject any and all responses resulting from this RFP. Incomplete responses will be deemed non -responsive and will be rejected from consideration. The Library is not liable for any cost incurred by any person or firm responding to this RFP. The Library reserves the right to eliminate from further consideration any response which does not follow the format or is deemed non responsive; however, the Library reserves the right to waive any irregularities or formalities. Please direct all questions regarding this RFP and the program it represents, in writing, to: Amy Rousselow Marketing Manager arousselow@waterloopubliclibrary.org Proposals must be submitted in the format outlined in this section. Provide three (3) copies of your response. Each will be reviewed to determine if it is complete prior to actual evaluation. 1. Table of Contents Proposals shall include a table of contents properly indicating the section and page numbers of the information included. 2. Executive Summary Proposals shall include a concise abstract stating the respondent's overview of the project. Page 42 of 129 3. Contractor Qualifications Data A. Firm Profile Provide general information on the responding firm, including; name, business address, local telephone number, officers of the firm, and contact person for this project. B. Project Team Provide a list of the employees of the firm who will work on this project. A one -page resume in and any other pertinent information shall be included. C. References Provide a minimum of three (3) references for Digital Sign design and installation projects applicable Municipal projects that have incorporated Digital Signage. Each reference shall describe the services and equipment provided, project cost, and benefits to the owner. Provide the owner's name, address, telephone number, and contact person for each reference. References for projects where the responding firm was not the prime contractor are not acceptable. 4. Technical Approach A. Proposed Scope of Work Proposals must indicate a clear understanding of the scope of the work, including a detailed project plan for this project outlying major tasks and responsibilities, time frames, and staff assigned for each category of the scope of work identified above A manufacturer's warranty on all proposed equipment shall be provided. The warranty period shall begin on the completion date of the project. The Digital signage system design, installation practices, and operation and maintenance practices shall not void any manufacturer's equipment or system warranty. B. Project Time -Line Proposals must provide chronological time -line of each task or event and estimated required to complete the engagement. C. Oversight from Single Contractor The Library strongly desires to contract with a single firm to accomplish all work and/or services outlined in this Request for Proposal. Any proposed subcontractors must be identified in the Proposal response. Any work not conducted by the Contractor or his subcontractors must be disclosed. Page 43 of 129 D. Project Management Indicate your firm's approach to managing the project. Include a resume of the project manager responsible for the project. 5. Documentation and Training Provide detailed information on the system documentation, operation guides and training programs available to library staff. Overall requirements 1. All responding vendors are required to do an on -site survey of the current sign location. These visits can be scheduled on February 3rd from 9:00 AM to 3:00 PM. 2. The proposed solution/system must not require additional personnel to operate and maintain. 3. Proposals that include additional power, network or other outlets beyond those presently installed must include the cost for equipment, installation, cabling and hook-up in the proposal. 4. Overall system components and connections should be hidden to the maximum extent possible. 5. Proposals must include all costs associated with this project, including, but not limited to, cost to procure equipment and software, installation of equipment, software, and components and cabling, integration with existing systems and testing. 6. Proposals must include system documentation, operations manual and on - site training for system operators/maintainers and general users 7. The Specifications shall include the design and installation of a monument digital sign. Page 44 of 129 CITY OF WATERLOO Council Communication Wastewater Treatment Plant Biosolids Modifications, Contract No. 994. City Council Meeting: 1/27/2020 Prepared: 1/22/2020 REVIEWERS: Department Reviewer Action Waste Management Even, LeAnn Approved ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Date 1/22/2020 - 12:14 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING — No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to Treatment Operations Supervisor for further review. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Resolution Page 45 of 129 2020 Wastewater Treatment Plant Biosolids Modifications Contract No. 994 Bid Tab: January 23, 2020 Base Bid Estimate: Alt. 1 Outdoor Loadout - Alt. 2 Chemical Building - Alt. 3 Primary Sludge - Alt. 4 Boilers - $16,275,000 $ 200,000 $ 1,020,000 $ 360,000 $ 305,000 Bidder Bid Security Total Bid Amount WRH, Inc. Amana, IA 5% Base Bid $18,200,000 Alt. 1 $132,000 Alt. 2 $990,000 Alt. 3 $518,000 Alt. 4 $296,000 Woodruff Construction, LLC Waterloo, IA 5% Base Bid $16,587,300 Alt. 1 $199,000 Alt. 2 $840,000 Alt. 3 $374,000 Alt. 4 $266,000 Williams Brothers Construction, Inc. Peoria, IL 5% Base Bid $18,150,000 Alt. 1 $100,000 Alt. 2 $740,000 Alt. 3 $640,000 Alt. 4 $260,000 Page 46 of 129 CITY OF WATERLOO Council Communication Resolution approving an amendment to the City of Waterloo Policy Regarding Residency of Critical Municipal Employees and City Department Heads by removing fire fighters, Waterloo Fire Rescue medical supervisors and Regional Training Center Coordinator, from the policy. City Council Meeting: 1/27/2020 Prepared: 1/21/2020 REVIEWERS: Department Reviewer Action Date Fire Rescue Treloar, Pat Approved 1/22/2020 - 10:42 AM Clerk Office Even, LeAnn Approved 1/22/2020 - 11:11 AM ATTACHMENTS: Description Type ❑ Letter of Support Residency Policy Cover Memo ❑ Policy amendment as proposed Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving an amendment to the City of Waterloo Policy Regarding Residency of Critical Municipal Employees and City Department Heads by removing fire fighters, Waterloo Fire Rescue medical supervisors, and Regional Training Center Coordinator, from the policy. Submitted By: Pat Treloar, Fire Chief Approve Waterloo Fire Rescue (WFR) is seeking council approval to amend the City of Waterloo Policy Regarding Residency of Critical Municipal Employees and City Department Heads. We are seeking to amend the current policy by removing fire fighters, Waterloo Fire Rescue Medical Supervisor, and Regional Training Center Coordinator. Once the policy is amended we will use our departmental rules and regulations along with our Civil Service Job Notice and Job Description to implement a policy that requires WFR members to live within a 60 mile radius from City of Waterloo corporate city limits. none n/a City of Waterloo Policy Regarding Residency of Critical Municipal Employees and City Department Heads. In September of 2006 Waterloo City Council amended the current city policy relating to residency requirements for critical employees and made it more restrictive with a requirement to reside within a radius of ten (10) miles from Waterloo's City Hall. Page 47 of 129 Background Information: We feel our current residency policy is far too restrictive and is not in line with many other communities that we compete with for talented employees. The current city residency policy of 10 miles radius from city hall reduces the number of people applying for employment with Waterloo Fire Rescue (WFR) as well as the City overall. By expanding our residency requirements, we are confident it will lead to an increased applicant pool and will lead to better -qualified candidates, especially women, and minorities applying for open positions. We have discussed this issue with our Civil Service Commission, they agree with our position, and a letter of support is attached. Our last fire fighter recruit process was two years ago and we were shocked at the low number of applicants. We had 151 people apply with only 78 taking the written test. In previous recruitments, we had received over 300 applicants with well over 200 applicants taking the written test. Many other city departments are experiencing low numbers of applicants for open positions. Low unemployment is certainly to blame for some of the decline, but in general many public sector jobs especially fire and police have become even less attractive with the newer generation. Many communities that we compete with for talented employees have loosened or done away with their residency requirements for personnel. For example the City of Cedar Falls does not have residency requirements for fire or police personnel. Urbandale is another community that does not have any residency requirements for their fire fighters. The communities of Des Moines, West Des Moines, and Council Bluffs have a 60-mile residency requirement. The City of Cedar Rapids requires their fire fighters to live within 50 miles of fire headquarters. Our current policy is outdated and is not competitive with other communities. Millennials and many others look at employment opportunities a little different from other generations. They look at things such as cost of living/leisure activities/housing opportunities/quality of water/year-round recreational options, and proximity to family just to name a few. We strongly believe Waterloo is a fantastic place to live; however, people want options and they want control over their options and they want to decide where to live and not a policy set by their employer. WFR rarely calls back personnel in emergency situations thus expanding the residency radius to 60 miles will have no effect on operations. We do not believe that any of our current members (44) that live within the City of Waterloo will move out of the city. We believe by expanding the residency radius we will increase our application pool including more women and minorities applying for employment with Waterloo Fire Rescue. Our proposed amended policy is attached. Page 48 of 129 CITY OF WATERLOO, IOWA WATERLOO FIRE RESCUE 425 East Third Street • Waterloo, IA 50703 • (319) 291-4459 Fax (319) 291-4279 January 16, 2020 Mayor Hart and Waterloo City Council Members, On behalf of the Waterloo Civil Service Commission, we offer this letter as indication of our support for modifying the current City of Waterloo Policy Regarding Residency of Critical Municipal Employee (commonly referred to as the City's Residency Policy). The current city residency policy of 10 miles radius from Waterloo's City Hall reduces the overall number of people applying for employment with the City of Waterloo. Our commission believes that expanding the residency requirement distance will increase the city's potential applicant pool and will lead to better -qualified candidates, especially women, and minorities applying for open positions. We would encourage the Waterloo City Council to expand the allowable distance of the City's Residency policy in an effort to be competitive with other communities and to attract and retain a qualified diverse workforce. Respectfully submitted, arry Haski Ethel Washington ‘.71"--°11r.>-----------L Lovie aldwell www.cedarnet.org/fire CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opporlunity/Affirmative Action Employer Page 49 of 129 City of Waterloo Policy Regarding Residency of Critical Municipal Employees and City Department Heads Approved by City Council on September 1, 2006 CITY OF WATERLOO POLICY REGARDING RESIDENCY OF CRITICAL MUNICIPAL EMPLOYEES AND CITY DEPARTMENT HEADS Application: This policy applies to all city of Waterloo employees deemed to be critical municipal employees and to all City of Waterloo department heads. Policy: The City of Waterloo recognizes the need to have department heads and certain critical municipal employees able and available to respond on an emergency call basis. Those employees deemed to be critical municipal employees include: all ranks of sworn police officers and fire fighters; fire mechanics; Waterloo Fire Rescue medical supervisors; Regional Training Center Coordinator; engineering and sanitation staff directly involved in flood control; all Street Department personnel except clerical staff; forestry personnel; airport maintenance workers; garage mechanics; waste management staff, including waste management technicians; treatment operations foreman; sewer maintenance workers; collections systems foreman; maintenance mechanics; maintenance foreman; instrument control technicians; instrument control foreman; all traffic operations personnel except clerical staff; parking maintenance personnel; all building maintenance personnel; and all information technology personnel for the City of Waterloo, the Waterloo Police Department and the Waterloo Public Library. If called in the event of an emergency, department heads and the City's critical municipal employees are expected to promptly report, prepared and ready for work. To ensure that these employees are able to report on a timely basis, it is the City of Waterloo's policy that all critical municipal employees who are hired on or after September 1, 2006, must physically reside within a radius of ten (10) miles from Waterloo's City Hall. Consistent with the prior residency policy, effective April 7, 2003, City of Waterloo department heads who move their location of residence or who are hired after April 7, 2003, must physically reside within the city limits of Waterloo. Provision: 1. This residency policy for critical municipal employees is in accordance with Section 400.17 of the Code of Iowa, which permits cities to set reasonable maximum distances outside of the corporate limits of the city within which police officers, fire fighters and other critical municipal employees may live. 2. New critical municipal employees will be provided a reasonable period of time in which to meet the residency requirements of the policy. As the time period may vary depending upon the type of position held, each Department Head with critical municipal employees shall adopt and enforce its own departmental policy specifying the deadline by which a new departmental employee must comply with the City of Waterloo's residency requirement. 3. Maintaining a post office box within the specified radius from City Hall shall not satisfy the requirements of this policy; employees must maintain their physical place of residence within the specified distance. Any critical municipal employee or City department head who fails to comply with this Policy shall be subject to immediate termination of employment, except as hereinafter provided in numbered paragraphs 4 and 6. Page 50 of 129 4. City of Waterloo critical municipal employees who physically reside outside of a 10-mile radius of City Hall and are residing at such address as of September 1, 2006, shall not be required to comply with the provisions of this policy unless and until they move their location of physical residence. Any such critical municipal employee who moves his or her location of residence after September 1, 2006, must physically reside within a radius of twenty (20) miles from Waterloo's City Hall, consistent with the prior residency policy effective April 7, 2003. 5. The Police Chief, Fire Chief, and department heads shall be responsible for enforcing this policy with respect to the critical municipal employees within their departments. An area map showing a 10-mile radius and a 20-mile radius from Waterloo's City Hall shall be made available by the Engineering Department to assist in this effort. 6. This policy shall be approved by City Council and become effective on September 1, 2006. This policy shall replace any previous residency policies or Council resolutions and shall remain in effect until replaced by subsequent Council resolution. Any exceptions to this policy regarding the residency of City of Waterloo critical municipal employees and department heads must be approved by a majority vote of the Waterloo City Council members. Page 51 of 129 CITY OF WATERLOO Council Communication Resolution approving and accepting a Sanitary Sewer Easement Agreement in the amount $25,000, with JARF, LC, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 1369- 1425 Martin Road, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/27/2020 Prepared: 1/18/2019 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Agreement and Easement Plat SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Action Approved Approved Type Cover Memo Date 1/22/2020 - 10:32 AM 1/22/2020 - 10:48 AM Resolution approving and accepting a Sanitary Sewer Easement Agreement in the amount $25,000, with JARF, LC, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 1369-1425 Martin Road, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval This is a request by the City of Waterloo to certain sanitary sewer easement agreement in the amount $25,000.00 with JARF, LC, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 1369-1425 Martin Road. The new sewer extension will serve land south of 1246 Martin Road and open it up for new development. Attached are the sanitary sewer easement agreement and easement plat. $25,000.00. Martin Road TIF. Infrastructure and Economic Development. N/A This area is experiencing considerable growth of new commercial and light industrial development, and this new sanitary sewer will open up additional land for new development. Page 52 of 129 Legal Descriptions: An Easement for Sanitary Sewer purposes over, under and across that part of the Southwest Quarter (SW 1/4) of Section Thirty-three (33), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the Northeast comer of Parcel described in Land Deed Book 570, Page 62 in the Black Hawk County Recorder's Office; thence S01°34'26"E Fourteen and Eight Hundredths (14.08) feet along the East line of said Parcel; thence N88°24'51"E Twenty-nine and Thirty Hundredths (29.30) feet; thence N89°50'41"E Two Hundred Sixty-nine and Forty-three Hundredths (269.43) feet; thence N00°37'47"E Three and Forty-six Hundredths (3.46) feet; thence N88° 17' 17"E One Hundred Fifty and Thirty-nine Hundredths (150.39) feet; thence N01°34'26"W Eleven (11.00) feet; thence N88°17'17"E Eighty-three (83.00) feet; thence S01°34'26"E Seventeen (17.00) feet; thence N88° 17' 17"E Two Hundred Eighty-five and Ninety-one Hundredths (285.91) feet; thence S54°46'56"E Twenty-two and Forty-eight Hundredths (22.48) feet to the East line of Tract described in Land Deed Book 568, Page 786 in aforesaid Recorder's Office; thence N35° 10'37"E Forty-five and Fifty-four Hundredths (45.54) feet along said East line to the Northeast comer of said Tract; thence S88°25'34"W Eight Hundred Sixty-three and Thirty-two Hundredths (863.32) feet along said North line to the point of beginning containing 15,960 square feet. Page 53 of 129 Return to prepare)• after recording. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of January 9, 2020, by and between the JARF, LC, an Iowa limited liability company ("Grantor") and the City of Waterloo, Iowa ("Grantee"). I. Grant of Permanent Easement, In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of $25.000.00, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. 2. Purpose. The Premises is intended for use by Grantee to construct, maintain, repair and operate certain sanitary sewer improvements. Grantee intends to construct a new sanitary sewer line north of Premises (labeled as Proposed Sanitary on Exhibit "A") and hook it into the existing sanitary sewer line located on Premises (labeled as Ex Sanitary on Exhibit "A"). It is the intention of the parties that Grantee shall assume all responsibility for the construction, maintenance and operation of improvements made to the Premises, including the existing sanitary sewer line, and that Grantor shall have no liability relating to the Easement. 3. Gran tor Duties. Grantor shall deliver possession of the Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. Following transfer of possession of the Premises, Grantor shall have no further duty or obligation with respect to the Premises, except as set forth herein. Grantor may mow grasses and vegetation growing in the Premises, but may not conduct other activities upon the Premises without the prior written consent of Grantee. The foregoing privilege of Grantor shall not constitute a covenant that prohibits Grantee from mowing, burning, or otherwise damaging grasses or vegetation upon the Premises. 4. Grantee Duties. When the Grantee constructs, maintains, or operates the sanitary sewer on the Premises, it will take reasonable steps to restore the Premises to its condition prior to the construction, maintenance, or operation. Grantee will not disturb Grantor's use of the Premises, enter on the Premises, or make any repairs without first Page 54 of 129 providing Grantor written notice, unless a situation exists where there is an imminent threat of injury to persons or property without action by the Grantee and Grantee will give notice to Grantor of the action taken. Grantee will act in a manner that causes the least possible disturbance to the Premises. To the extent permitted by applicable law, Grantee agrees to defend, protect, indemnify, and hold harmless Grantor from and against all claims, demands, liens, costs, losses, expenses and liabilities of any kind, including attorney's fees, arising out of or resulting from or related to the construction, maintenance or operation of the sanitary sewer. 5. Miscellaneous Provisigns. This Agreement shall run with the land and is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. References in the singular number include the plural, and vice versa. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. IN WITi. ESS WHEREOF, the parties have executed this Easement Agreement by their duly au .sized r presentatives as of the date first set forth above. By: ' obert Fahr Its: Manager STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) CITY OF WATERLOO, IOWA By: --— Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk This instrument was acknowledged before me onTirlikar Fahr, as Manager of JARF, LC. KAYLENE M. NATVIG Commission No.702357 My Commiesion Expires D3-2-1-2021 2 _ , 2020, by Robert Page 55 of 129 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This instrument was acknowledged before me on , 2020, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 Page 56 of 129 INDEX LEGEND General Description; Part of the Southwest 1/4, Section 33--T89N—R13W, Waterloo Surveyor. David L. Schell (.16775) Surveying Company: Wayne Cloossen Engineering & Surveying. Inc. 2705 University Avenue (P.O. Box 896) Waterloo. Iowa 50704 (319)235-6294 Plot Requested By: City of Waterloo Proprietor. JARF. L.C. EASEMENT PLAT Sanitary Sewer Easement LEGAL DESCRIPTION SANITARY SEWER EASEMENT u.Ah An Easement for Sanitary Sewer purposes over, under and across that part of the Southwest quarter (SW 1/4) of Section Thirty—three (33), Township Eighty—nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa described as follows; Beginning at the Northeast comer of Parcel described in Land Deed Book 570, Page 62 in the Block Hawk County Recorder's Office; thence 501'34'26'E Fourteen and Eight Hundredths (14.08) feet along the East line of sold Parcel; thence NB8'24'51"E Twenty—nine and Thirty Hundredths (29.30) feet; thence N69'50'41"E Two Hundred Sixty—nine and Forty—three Hundredths (269.43) feet; thence N00'37'47"E Three and Forty—six Hundredths (3.46) feet; thence 1488'17'17"E One Hundred Fifty and Thirty—nine Hundredths (150.39) feet; thence N01'34'26"W Eleven (11.00) feet; thence N88'17'17"E Eighty—three (83.00) feet; thence 501'34.26"E Seventeen (17.00) feet; thence 1188'17'17"E Two Hundred Eighty—five and Ninety—one Hundredths (285.91) feet; thence S54'46'56"E Twenty—two and Forty—eight Hundredths (22.48) feet to the East line of Tract described in Land Deed Book 568, Page 786 In aforesaid Recorder's Office; thence N35'10'37"E Forty—five and Fifty—four Hundredths (45.54) foot along sold East line to the Northeast corner of sold Tract; thence S88'25'34'W Eight Hundred Sixty—three and Thirty—two Hundredths (863.32) feet along said North line to the point of beginning containing 15,960 square feet. NOTES: C E S 1. The basis of bearings for this Plat of Survey is the West line of the SW 1/4 assigned o bearing of NO1'34'26'W as per Iowa State Plane Coordinate System, North Zone, 2011 adjustment. LICENSED E b = 16775 : � a 0. IOWA Vi CERTIFICATION I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direst personal supervision and that 1 am a duly Licensed Land Surveyor under the lows of the Stete of Iowa. Signature. = �i' ( DavidE Scheil,`P.Lu... Date. JN--.) V.P , 20 7-0 License No 16775 ))) Pages or Sheets Covered by ihfe Sea 2 1Ay license renewal date Is December 31, 2020 Page 57 of 129 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. 80X 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-5294 (FAX) 319-235-0028 120 1 INCH = 120 FEET n SEC. 33-T89N-RI3W (room x cur) 1//4, SSW 1/6 SOC. No. 20111-14381 C E S EASEMENT PLAT Sanitary Sewer Easement Part of the Southwest 1/4, Section 33--T89N--R13W, Waterloo, Black Hawk County, Iowa Proprietor JARF, LC. City of Waterloo Right -of -Way Aoquisiition ID 569-6D6 (AND DEED 565-703 PROPRIETOR: O'NEAL METALS, INC. (usEr2o 34i) A (40.00') Noosed San. Proposed San. Sewer Serer Iranhoie a" .i- 1— — — S xer o% (N8e17'IrE-s3A0') 7 (Nokriri %15omi LppF-\T — — — r( J'S6 pyf' — NNN turii -= \ 8Sd9. DRNEWAY-CONCRETE i ) ei m r Maaw Nw Jr r_ 0 City or WolwWon Right -of -Way Aequl.U5on LD 570-052 590')0'00'17 (1S.06' LAND DEW 566-785 PROPRIETOR JARF, LC. ,N9D'W1'00E 2s r✓ SW CORNEA �SISC. 3-165H-RI3W ND LEAD PLUG) MSC. D00N 332-50e RIDGEWAY AVENUE (RIGIff OF -WAY VARIES) SHEET 2 OF-2.\\ Existing Son. Sower Manhole o Existi Rum, Sewer xa, o Dar. No. xozo-ar,aSs o sr- ,..cN>fB1Z:7s- 1%----7' Busting Son. Sewer n ne CO aYaT N ` 1T g 'ON 3'1I4 S30 Page 58 of 129 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 2 with Ament Design, in an amount not to exceed $50,543.30, for construction review services, in conjunction with pavement widening of Ansborough Avenue, from Black Hawk Road, north 0.1 Miles, to Downing Avenue, DOT Project Number STP-A-8155(757)--86- 07, and authorizing the Mayor to execute said document. City Council Meeting: 1/27/2020 Prepared: 1/21/2020 REVIEWERS: Department Reviewer Traffic Operations Even, LeAnn Action Approved ATTACHMENTS: Description ❑ Ament Design CRE Contract for Ansborough (757) SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Cover Memo Date 1/22/2020 - 12:27 PM Resolution approving Supplemental Agreement No. 2 with Ament Design, in an amount not to exceed $50,543.30, for construction review services, in conjunction with pavement widening of Ansborough Avenue, from Black Hawk Road, north 0.1 Miles, to Downing Avenue, DOT Project Number STP-A-8155(757)--86-07, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer Approve the resolution and authorize the Mayor to execute the agreement. The agreement covers construction review services (construction engineering) to be performed by Ament Design. $50,543.30 80% Iowa Clean Air Attainment Program funds (federal pass through highway funds) 20% City general obligation bonds Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. Ansborough avenue north of Downing Street is being widened to accomodate a left turn lane and to match Ansborough through lanes south of the intersection. Page 59 of 129 Contract No. [XXXXX] Owner Project No. TOF-284 Iowa DOT Project No. STP-A-8155(757)--86-07 Standard Consultant Contract For Local Public Agency Consultant Contracts with Federal -aid Participation Supplemental Agreement No. 2 This SUPPLEMENTAL AGREEMENT #2, (amending the Original Standard Consultant Contract dated 6-11- 2018, and Supplemental Agreement No. 1 dated 2-15-19) made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, Iowa, the Owner, located at: 715 Mulberry Street City Hall Waterloo, Iowa 50703 Phone: (319) 291-4440 FAX: (319) 291-4094 and Ament, Inc. (dba Ament Design), the Consultant, located at: 625 32nd Avenue SW Cedar Rapids, Iowa 52404 Phone: (319) 378-1401 FAX: (319) 378-1975 For the following Project: Ansborough Avenue Improvements, Ansborough Avenue from Black Hawk Road north 0.1 Miles to Downing Avenue, PCC Pavement Widening The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide surveys (topographic and property), engineering and construction engineering services to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 1 of 29 Page 60 of 129 TABLE OF CONTENTS Article Number and Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 1.5 Minimum Qualification Standards 2 Entire Agreement, Required Guidance and Applicable Law 2.1 Entire Agreement of the Parties 2.2 Required Guidance 2.3 Applicable Law 3 Form of Compensation 3.1 Method of Reimbursement for the Consultant 3.2 Subconsultant's Responsibilities for Reimbursement 4 Terms and Conditions 4.1 Ownership of Engineering Documents 4.2 Subconsultant Contract Provisions and Flow Down 4.3 Consultant's Endorsement on Plans 4.4 Progress Meetings 4.5 Additional Documents 4.6 Revision of Work Product 4.7 Extra Work 4.8 Extension of Time 4.9 Responsibility for Claims and Liability 4.10 Current and Former Agency Employees (Conflicts of Interest) 4.11 Suspension of Work 4.12 Termination of Agreement 4.13 Right to Set-off 4.14 Assignment or Transfer 4.15 Access to Records 4.16 Iowa DOT and FHWA Participation 4.17 Nondiscrimination Requirements 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.19 Severability Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment C-1 — Cost Analysis Worksheet Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G - Sample Invoice Form Attachment H - Consultant Fee Proposal Attachment I - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Page 2 of 29 Page 61 of 129 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: to improve traffic progression and reduce vehicle delays and vehicle emissions along Ansborough Avenue within the Project corridor. This will be accomplished by eliminating split signal phasing for northbound and southbound Ansborough Avenue traffic at the Downing Avenue intersection. This will require the addition of a left turn lane on northbound approach. Ansborough Avenue needs to be widened to accommodate the left turn lane. The widening is done on the east side of the south leg of Ansborough Avenue between the Downing Avenue and Black Hawk Road intersections. The northbound approach lane alignments will be tapered to the east which will allow for the provision of a left turn lane on Ansborough Avenue at the south side of Downing Avenue to match and align with the five -lane section that currently exists north of the intersection. 1.2 Financial Parameters 1.2.1 Amount of the Owner's budget for the Consultant's compensation is: Fifty thousand five hundred forty-three dollars and thirty cents ($50,543.30) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: Two Thousand one hundred thirty -none dollars and thirty cents ($2,139.30) 1.3 Project Team 1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is: Mohammad Elahi, Traffic Engineer, City Traffic Operations Department. The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Michael G. Dryden, P.E. 1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Team Services 1.4 Time Parameters Amount Authorized Maximum Amount Payable Method of Payment $2,139.30 $2,139.30 Lump Sum 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Milestones for completion of the work under this Agreement as follows: 1. Completion of all work under this agreement shall be on or before September 30, 2020 unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. 1.5 Minimum Qualification Standards (MQS) 1.5.1 The Consultant and their subconsultants are required to meet the Minimum Qualifications Standards (MQS) requirements of specified work categories as defined in the Iowa DOT's Policy and Procedure Manual (PPM), Policy No. 300.04, at the time of contract execution, and for the duration of the contract. Work under this contract will require the consultant team to meet the requirements of Work Page 3 of 29 Page 62 of 129 Category Traffic Operations Design. Failure to meet the requirements during the contract will result in cancellation of any remaining portion of the contract. 1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant who meets the MQS of the specified work categories as defined Iowa DOT PPM 300.04. If no work category exists for a particular service, normal methods of acceptance shall be used, such as experience, typical licensure, certification or registration, or seals of approval by others. ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW 2.1 Entire Agreement of the Parties. This Agreement, including its attachments, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. This Agreement comprises the documents listed as attachments in the Table of Contents. The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. 2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the Iowa Department of Transportation Federal -aid Project Development Guide, Instructional Memorandums to Local Public Agencies (I.M.$), and other standards, guides or policies referenced therein. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.3 Applicable Law. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court of Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work performed under this Agreement. ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement for the Consultant. 3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following compensation methods, as defined in Attachment C: .1 [ ] Cost Plus Fixed Fee - Attachment C .2 [ ] Lump Sum - Attachment C .3 [X] Specific Rate of Compensation - Attachment C .4 [ ] Unit Price - Attachment C .5 [ ] Fixed Overhead Rate - Attachment C 3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method of payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant shall be defined within the subconsultant contract to the Consultant. 3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant shall require the subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -runs associated with any subconsultant's contract are not available for use by the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA (when applicable) have given prior written approval. ARTICLE 4 TERMS AND CONDITIONS Page 4 of 29 Page 63 of 129 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.2 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions required of Consultant in this Agreement. The only recognized exception to this requirement is under provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant. 4.2.2 The Consultant may not restrict communications between the Owner and any of the subconsultants. The Consultant will encourage open communication among the Owner, the Consultant and the subconsultants. 4.3 Consultant's Endorsement on Plans. The Consultant and its subconsultants shall endorse and certify the completed project deliverables prepared under this Agreement and shall affix thereto the seal of a professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in accordance with the current Code of Iowa and Iowa Administrative Code. 4.4 Progress Meetings. From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. 4.5 Additional Documents. At the request of the Contract Administrator, the Consultant shall furnish sufficient documents, or other data, in such detail as may be required for the purpose of review. Page 5 of 29 Page 64 of 129 4.6 Revision of Work Product 4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily completed and accepted work." Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute "satisfactorily completed and accepted work." 4.6.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay to the project schedule. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.7. 4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work," it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute "Extra Work", the Consultant shall promptly develop a scope and budget for the extra work and submit it to the Contract Administrator. The Owner will provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. The Consultant shall not proceed with "Extra Work" without prior written approval from the Owner and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at the Consultant's risk. The Owner has the right, at its discretion, to disallow those costs. However, the Owner shall have benefit of the service rendered. 4.8 Extension of Time. The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the Consultant. 4.9 Responsibility for Claims and Liability 4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa DOT, their agents, employees, representatives, assigns and successors harmless for any and all liabilities, costs, demands, losses, claims, damages, expenses, or attorneys' fees, including any stipulated damages or penalties, which may be suffered by the Owner as the result of, arising out of, or related to, the negligence, negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection with this Agreement. 4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors and omissions) with a minimum limit of $1,000,000 per claim and in the aggregate, and all such other insurance required by law. Proof of Consultant's insurance for professional liability coverage and all such other insurance required by law will be provided to the Owner at the time the contract is executed and upon each insurance coverage renewal. Page 6 of 29 Page 65 of 129 4.10 Current and Former Agency Employees (Conflicts of Interest) The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 68B.2A. The Consultant shall not engage the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban outlined in Iowa Code section 68B.7. Similarly, the Consultant shall not engage the services of current or former FHWA employee without prior written consent of the FHWA, and the relationship meets the same requirements for State and local agency employees set forth in the above - referenced Iowa Code sections and the applicable Federal laws, regulations, and policies. 4.11 Suspension of Work under this Agreement 4.11.1 The right is reserved by the Owner to suspend the work being performed pursuant to this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Owner to the date of such suspension, in accordance with the applicable provisions in Article 4.12.2 or Article 4.12.3 below. 4.11.2 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the Consultant with approval from the Contract Administrator, has the option, after 180 days to terminate the contract. 4.12 Termination of Agreement 4.12.1 The right is reserved by the Owner to terminate this Agreement at any time and for any reason upon not less than thirty (30) days written notice to the Consultant. 4.12.2 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs, as identified in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Maximum Amount Payable. 4.12.3 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.12.4 This Agreement will be considered completed when the scope of the project has progressed sufficiently to make it clear that the project close-out can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.13 Right to Set-off. If the Consultant owes the Owner any sum under the terms of this Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Owner to the Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner's intent to utilize any right of set-off. Page 7 of 29 Page 66 of 129 4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its interest in this Agreement, unless written consent is obtained from the Contract Administrator and concurrence is received from the Iowa DOT and FHWA, if applicable. 4.15 Access to Records. The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final closure of the Federal -aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA shall have the right to participate in the conferences between the Consultant and the Owner, and to participate in the review or examination of the work in progress as well as any final deliverable. 4.17 Nondiscrimination Requirements. 4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations, Part 21, and the Code of Iowa, Chapter 216. The Consultant will not discriminate on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in its employment practices, in the selection and retention of subconsultants, and in its procurement of materials and leases of equipment. 4.17.2 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the regulations relative to nondiscrimination on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. 4.17.3 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA may determine to be appropriate, including, but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies, or the Agreement is otherwise suspended or terminated. 4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant') agrees as follows: 1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Consultant, about the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultants obligations Page 8 of 29 Page 67 of 129 under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information the Consultant shall so certify to the Owner, the Iowa Department of Transportation or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultants noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the Iowa Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: provided, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner or the Iowa Department of Transportation to enter into such litigation to protect the interests of the Owner or the Iowa Department of Transportation; and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.18.1 The Consultant agrees to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultant and all its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after the subconsultant's work is satisfactorily completed. 4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the Owner, the Iowa DOT, or the FHWA may impose sanctions which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant is hereby advised that failure to fully comply with the requirements of this Article shall constitute a breach of contract and may result in termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the FHWA deems appropriate, which may include, but is not limited to: 1. withholding monthly progress payments; 2. assessing sanctions; 3. liquidated damages; and / or Page 9 of 29 Page 68 of 129 4.19 Severability. If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below. Ament Design By Date: Michael G. Dryden, P.E. Secretary/Treasurer ATTEST: By Date: City of Waterloo, Iowa By Date: Quentin M. Hart Mayor IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Date: Name Title * The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 10 of 29 Page 69 of 129 ATTACHMENT A Scope of Services It is understood by the Owner and the Consultant that the level and frequency of Progress Reporting shall be mutually established for each project, taking into account the complexity and duration of the work to be performed. For this specific project it is agreed that progress reporting will be provided on a monthly basis. It is understood by the Owner and the Consultant that the task detail associated with the 85% budget notification shall be mutually established for each project in relation to the complexity and duration of the work to be performed. For this specific project it is agreed that all work contemplated in the agreement will be considered as one task(s). It is further agreed that the 85% budget notification requirements will be required for this Agreement based on the volume of work assigned, duration, complexity, and rate of progress anticipated on the project. The Consultant will monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$), Road Design Manual, Standard Road Plans, Road Design Details. Updates requiring no additional effort on the part of the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. Project Identification Widening for the Ansborough Avenue, from Black Hawk Road north 0.1 Miles to Downing Avenue PCC Pavement Widening Project will start at the south end of the project about 550 feet south of the intersection at 0-foot width and will taper out to 12 feet to allow for a left -turn lane. Engineering Design services for this PCC pavement widening are expected to include: Construction Engineering services are expected to include the pre -construction meeting, utility coordination (if any), project observation, materials approval, reports, Weekly Report of Working Days to the Iowa Department of Transportation, pay estimates, post -construction Iowa Department of Transportation audit including as - constructed plans. Major Project Tasks • Project Management • Construction Phase Services Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. The Project involves: project management; utility coordination; and construction -related services including construction staking; on -site field reviews; construction observation and documentation; materials testing; record drawings, and construction administration including project close-out — for the proposed improvement. The following provides a description of the tasks to be performed and identification of the proposed work. I. Construction -Related Services Construction Phase Services are assumed based upon a construction contract with a length of twenty-five (25) working days. A. Construction Surveys — This task includes the provision of horizontal and vertical field survey control in sufficient quantity, as necessary, to construct the project. This task also includes office calculations and the provision of field survey construction offsets and elevation staking, as needed by the Contractor, to construct the Project improvements. Project elements to be staked and/or checked include; 1. removal limits for pavement and sidewalk; 2. limited subgrade and grading (It is assumed that the Contractor will utilize GPS machine control for the majority of his/her roadway grading operations and that a limited amount of conventional grade staking will be required.); 3. storm sewer structures / adjustments / pipe and box culvert bends; Page 11 of 29 Page 70 of 129 4. traffic signal poles and controller cabinet bases and handholes; 5. paving; 6. pedestrian ramps; and 7. right-of-way and temporary construction easement boundaries. This task also includes checking the constructed pedestrian ramps for compliance with design requirements. B. The ENGINEER shall perform construction administration for the OWNER during the Construction Phase of the Project. The ENGINEER shall perform nearly full-time construction observation for the OWNER during the Construction Phase of the Project. 1. General Administration of Construction Contract — Consult with OWNER and act as OWNER's representative. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will be issued through ENGINEER, who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement except as otherwise provided in writing. 2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist the ENGINEER and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment I. The furnishing of such RPR's services will not extend ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 3. Pre -Construction Conference — Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 4. Communicate and consult with the Iowa Department of Transportation regarding any issues, problems or decisions that arise on the Project during construction. 5. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, ENGINEER will determine, in general, if Contractor's work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the Page 12 of 29 Page 71 of 129 performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 6. Defective Work — Recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 7. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 8. Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 9. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. ENGINEER has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to ENGINEER. 10. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 11. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 12. Disagreements between OWNER and Contractor — Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 13. Applications for Payment— Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). Page 13 of 29 Page 72 of 129 b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 14. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. c. ENGINEER shall transmit these documents to OWNER. 15. Substantial Completion — Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 16. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables: a.Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and circulate copies of minutes. b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed, and maintained by Contractor, such as silt fence, inlet protection devices, etc. c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests) and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in - place structures, etc. in conformance with the requirements of the Iowa Department of Transportation (DOT) Construction Manual. If required, prepare test cylinders or beams, transport test specimens to the laboratory, perform strength tests on test specimens, and prepare and document test results. Team Services will perform this task. d. Perform PCC plant monitoring in conformance with the requirements of the Iowa DOT Construction Manual, Appendix 3-2. Team Services will perform this task. e.Prepare and furnish to OWNER Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. f. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk in AutoCAD format of the as -built record drawings. g.Assemble necessary documentation for and assist Iowa Department of Transportation with post - construction final Project review and materials audit. Submit necessary documents for final Project Page 14 of 29 Page 73 of 129 review, materials audit, and Project close-out to applicable regulatory agencies upon completion of construction. 17. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is acceptable to the best of ENGINEER's knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. Assist the Iowa Department of Transportation on the final Project audit to close the Project. C. Duration of Construction Phase — The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. D. Limitation of ENGINEER's Authority and Responsibilities — Neither ENGINEER's authority or responsibility under this Agreement or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. The limitations upon authority and responsibility set forth above shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. II. Deliverables A. ENGINEER Deliverables 1. Minutes of project review meetings to meeting attendees. 2. Monthly progress reports (submitted with project invoices) to OWNER. 3. The deliverables indicated in Exhibit A-1 to OWNER and/or Iowa DOT, as appropriate. III. Owner's Responsibilities MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. Permit applications that are only available from the OWNER that are necessary to commence with the construction of the proposed improvements. TASKS TO BE PERFORMED BY THE OWNER: The OWNER shall perform the following tasks related to the project: A. Attend pre -construction conference, construction progress and other job -related meetings, and Substantial Completion and final payment inspections. B. Prepare and submit monthly and final claims for reimbursement to Iowa Department of Transportation. Page 15 of 29 Page 74 of 129 ATTACHMENT B Specifications Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual, Chapter 5 and the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions. Page 16 of 29 Page 75 of 129 ATTACHMENT C (referenced from 3.1) Specific Rate of Compensation 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees not to exceed the maximum amount payable under this Agreement of $ 50,543.30. The maximum amount payable will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the maximum amount payable will be by Supplemental Agreement. A contingency amount of $ 4,400.00 has been established for this Agreement and is included in the maximum amount payable. Written request by the Consultant indicating the need and written approval by the Contract Administrator and concurrence from the Iowa DOT are needed prior to usage of the contingency amount. The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in Attachment C-1. The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval and by the Contract Administrator's written approval it shall become a part of this Agreement. 3.1.1.2 Reimbursable Costs. The Consultant shall be reimbursed for direct non -salary costs which are directly attributable and properly allocable to the work. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non -salary costs incurred during said month. The Owner shall retain from each monthly payment for construction inspection or construction administration services 0% of the amount due. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 17 of 29 Page 76 of 129 ATTACHMENT C-1 Cost Analysis Worksheet Contract STP-A-8155(757)--86-07, Construction Engineering Amendment I. Labor Cost (Prime Only) Employee Classification Hours Rate Amount Manager / Director 0 $165.00 $0.00 Senior Engineer / Architect / Land 48 $150.00 7,200.00 Surveyor Engineer / Architect / Land Surveyor 16 $125.00 2,000.00 Engineer / Architect / Survey Intern 324 $100.00 32,400.00 Technician II 0 $90.00 0.00 Technician I 4 $70.00 280.00 Administrative 9.5 $75.00 712.50 Labor Total 401.5 $42,592.50 II. Direct Project Expenses (Prime Only) Quantity Rate Amount Mileage (miles) 2,300 $0.580 $1,334.00 Reproductions (each) 100 $0.20 20.00 Postage (oz.) 50 $0.55 27.50 CAD Time (hours) 0 $14.75 0.00 Spikes/Lath 30 $1.00 30.00 Survey Supplies 0 $2.50 0.00 Total Direct Expenses = $1,411.50 III. Estimated Actual Costs (EAC) (Prime Only) (I + II) = $44,004.00 (Rounded) IV. Contingency (Prime Only) ( V. Subconsultant Expenses Team Services 10% of I + II) = $4,400.00 (Rounded) (Lump Sum Fee) $2,139.30 Total Subconsultant Costs = $2,139.30 VI. Specific Rate of Compensation Agreement Total (III + IV + V) = (Maximum Amount Payable) $50,543.30 * * Includes contingency amounts (Prime & Subconsultants) totaling $4,400.00 Total Initial Authorized Costs (Excluding All Contingency Amounts) $46,143.30 Page 18 of 29 Page 77 of 129 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 19 of 29 Page 78 of 129 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Black Hawk County I Michael G. Dryden, Secretary/Treasurer of the Ament Design Company, being duly sworn (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above Statements are true and correct. (Signature) Subscribed and sworn to this day of (month) (year) Page 20 of 29 Page 79 of 129 ATTACHMENT E CERTIFICATION OF CONSULTANT I hereby certify that I, Michael G. Dryden, am the Secretary/Treasurer and duly authorized representative of the firm of Ament Design, whose address is 625 32nd Avenue SW, Cedar Rapids, Iowa 52404, and that neither the above firm nor I has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. Signature Date Page 21 of 29 Page 80 of 129 ATTACHMENT F CERTIFICATION OF OWNER I hereby certify that I, Quentin M. Hart, am the Mayor and the duly authorized representative of the Owner, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Page 22 of 29 Page 81 of 129 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 6 Specific Rate Progressive Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime Consultant only. Page 23 of 29 Page 82 of 129 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 7 Specific Rate Final Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars (2002) Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2002) Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime Consultant only Page 24 of 29 Page 83 of 129 ATTACHMENT G Page 8 Specific Rate Final Invoice Instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. • Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 25 of 29 Page 84 of 129 ATTACHMENT H Consultant Fee Proposal Task Hours Cost Project/Construction Administration 33 $ 4,175 Construction Observation 255 $ 26,250 Construction Documentation 90 $ 9,500 Record Drawings 5 $ 430 Construction Surveys 19 $ 2,238 Expenses $ 3,551 Total 402 $ 46,143 Page 26 of 29 Page 85 of 129 ATTACHMENT I DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OFRESIDENT PROJECT REPRESENTATIVE Resident Project Representative A. Ament Design shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to assist Ament Design in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Attachment I may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Ament Design shall endeavor to provide further protection for City of Waterloo against defects and deficiencies in the Work. However, Ament Design shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Ament Design have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Attachment A of the Agreement are applicable. C. The duties and responsibilities of the RPR are limited to those of Ament Design in the Agreement with the City of Waterloo and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Ament Design's agent at the Site, will act as directed by and under the supervision of Ament Design, and will confer with Ament Design regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Ament Design and Contractor, keeping City of Waterloo advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with City of Waterloo with the knowledge of and under the direction of Ament Design. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Ament Design concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Ament Design's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Ament Design in serving as City of Waterloo's liaison with Contractor when Contractor's operations affect City of Waterloo's on -site operations. c. Assist in obtaining from City of Waterloo additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Ament Design when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Ament Design. Page 27 of 29 Page 86 of 129 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Ament Design of availability of Samples for examination. c. Advise Ament Design and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Ament Design. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Ament Design. Transmit to Contractor in writing decisions as issued by Ament Design. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Ament Design in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Ament Design whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Ament Design of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Ament Design in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate City of Waterloo's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Ament Design appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Ament Design. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Ament Design's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Ament Design. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Ament Design. Page 28 of 29 Page 87 of 129 11. Reports: a. Furnish to Ament Design periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Ament Design proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Ament Design and City of Waterloo copies of all inspection, test, and system startup reports. d. Report immediately to Ament Design the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Ament Design, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Ament Design for review and forwarding to City of Waterloo prior to payment for that part of the Work. 14. Completion: a. Before Ament Design issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Ament Design, City of Waterloo, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Ament Design concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Ament Design's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of City of Waterloo or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Ament Design. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize City of Waterloo to occupy the Project in whole or in part. Page 29 of 29 Page 88 of 129 CITY OF WATERLOO Council Communication Resolution approving declaring a climate crisis and requesting immediate and accelerated action to address the climate crisis and keep global warming to 1.5 degrees Celsius. City Council Meeting: 1/27/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 1/22/2020 - 7:19 PM ATTACHMENTS: Description Type ❑ Presentation Backup Material ❑ Resolution as proposed Backup Material SUBJECT: Resolution approving declaring a climate crisis and requesting immediate and accelerated action to address the climate crisis and keep global warming to 1.5 degrees Celsius. Submitted by: Submitted By: Jonathan Grieder, Ward 2 Council member Recommended Action: Approval. Page 89 of 129 Climate Change and Waterloo Page 90 of 129 2008 Flood 4 a . ,.o,. }�H all Fil R {IRS �� TN :11 �,j .. a: MEN mma W J4� • `i4 x._ Page 91 of 129 2008 Floods Page 92 of 129 Projected Temperature Changes by 2050 WATERLOO, IA SUMMER HIGH 83.3° WINTER LOW .r 12.1' +5.5" • B8.3° 2000 30 year wig 30 y 05! 120°F 11B° 100° 90° 80° 70° 6B° 58° 40° 30° 20° 10° B° Page 93 of 129 Shifts in Winter Temperatures CURRENT 1 1 PRO]ECTEU 5°F Maple Grove, MN +7_2° Plymouth, MN +7.7°1 Moorhead, MN +7.10 Grand Forks, MU +7.10 5t. Cloud, MN +7_LQl Coon Rapids, MN +7.1°1 Blaine, MN +7_1°1 Brooklyn___, MN +7.1°1 Fargo, MU +7_B° St. Louis___, MN +7_B°1 4B° BO° B9° 1B9° 120° +5 _4' +5.5° +5.3° +5.1° +5.9° +5.5° +5_5° +5.5° +5.3° +5.5° Cities where winters w111 warm the mast by 2050 How your city compares Page 94 of 129 Shift in Summer Temperatures (IJRRENT 1 1 PRO]EETED 9°F BO° BB° 100° 120° Chesterfield, MU +5.1- +6 2° 5t_ Charles, MU +L.7r +6.1" St. Peters, MU +5.1° +6.1° O'Fallon, MU +5.B°+6.1° Hillsboro, OR +3.7°, +6.1° Jefferson___, MU +E._" +6_g° Eau Claire, WI +3_0°I +5 g° Florissant, MU +4_2°I +6_0° Bozeman, MT +5.5° +5.0° 5ioux. Falls, 50 +5.fl°+5.B° Waterloo, IA +5.9` +5.5D Cities where summers will warm the most by 2050 How your city compares Page 95 of 129 Projected Temperatures Changes by Month Today vs. 2050: your city's year -long forecast WATERLOO, IA 11111111 _II 1111 ]AM FEB MAR APR MAY ]UN ]UL AUG 5EP OCT NOV DEC 11986-2 B15 12036-2665 Page 96 of 129 Projected Precipitation Changes by Month Today vs. 2050: your city's year -long precipitation WATERLOO, IA 6.0 3.0 2_B 1_0 ]JUl FEB MAR APR MAY JUN JUL AUG SEP BET HDY BEE Page 97 of 129 Required Target • The Intergovernmental Panel on Climate Change (IPCC) in 2018 stated unequivocally that we all must do more to combat climate change. • The Paris Climate Accords and the IPCC stated that a target of 1.5°C or 2.75°F increase in global temperatures is vital to minimize the impact of climate change. • That reaching that target will not stop all the impacts of climate change, it will merely ensure less disastrous outcomes that a higher temperature increase. Page 98 of 129 Suggested Action • The IPCC lays out action items that policy makers should consider to meet our goal: — Increased utilization of renewable energy sources. — Elimination of energy usage from coal and other non renewable sources. — Implementation of broad efficiency programs for buildings and facilities. — Creation of transportation opportunities that rely less upon single occupant vehicles and more on public tranportation. — Creation and implementation of an urban planning program that responds to the challenges of climate change. Page 99 of 129 Sources • Irfan, Umair, et al. "America Is Warming Fast. See How Your City's Weather Will Be Different by 2050." Vox.com, Vox, 19 July 2019, www.vox.com/a/weather-climate-change-us-cities-global- warming. • IPCC, 2018: Summary for Policymakers. In: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre -industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Partner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma-Okia, C. Pean, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)]. In Press. • Rogelj, J., D. Shindell, K. Jiang, S. Fifita, P. Forster, V. Ginzburg, C. Handa, H. Kheshgi, S. Kobayashi, E. Kriegler, L. Mundaca, R. Seferian, and M.V. Vilarino, 2018: Mitigation Pathways Compatible with 1.5°C in the Context of Sustainable Development. In: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre -industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson- Delmotte, V., P. Zhai, H.-O. Partner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma-Okia, C. Pean, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)]. In Press. Page 100 of 129 Resolution as proposed by Council member Jonathan Grieder, Ward 2, January 21, 2020 Work Session. RESOLUTION NO. 2020-XXX RESOLUTION DECLARING A CLIMATE CRISIS AND REQUESTING IMMEDIATE AND ACCELERATED ACTION TO ADDRESS THE CLIMATE CRISIS AND KEEP GLOBAL WARMING TO 1.5 DEGREES CELSIUS. WHEREAS, climate change is an urgent, unfolding crisis that presents a serious threat to global stability and human existence; and WHEREAS, in October 2018 the Intergovernmental Panel on Climate Change (IPCC) released the Special Report: Global Warming at 1.5 °C, stating the need to take accelerated and dedicated action to keep global temperatures from rising, on average no more than 1.5 °C; and WHEREAS, to stay within the 1.5 °C, the IPCC report indicates that global net human caused emissions would need to fall 45% from 2010 levels by 2030 and reach "net zero", offsetting carbon emissions with carbon removal by 2050; and WHEREAS, failure to stay within the 1.5 °C increase will result, according to the composite of United Nations climate studies, by the end of the century in the destruction of 50% of species on Earth, the inability to live on large segments of the Earth due to heat, flooding and desertification resulting in over 1 billion climate refugees, the collapse of farming, food and clean water systems, and large scale frequent and overlapping climate disasters making rebuilding and relocation efforts difficult if not impossible; and WHEREAS, failure to take decisive action by 2030 will trigger a lethal heat feedback loops with unstoppable moment; and WHEREAS, we have already seen the devastating consequences of unmitigated climate change including wild fires, flooding, extreme temperatures, and catastrophic loss of human life and property; and WHEREAS, Waterloo and Iowa at large have already experienced the following climate impacted events including but not limited to flooding, excessive temperature extremes, and volatile weather patterns leading to the loss of private and public property and threatening the safety and well-being of our constituents; and WHEREAS, climate change will continue to impact the basic affordability of necessary goods including food, housing, healthcare, energy, and transportation, adding additional pressures on person and families already living in poverty and challenges the possibility of a bright and stable future for all of Waterloo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: 1. That the City of Waterloo hereby declares a climate crisis, given that the crisis poses a serious and urgent threat to the well-being of Waterloo, its inhabitants, and its environment. 2. That the City of Waterloo adopts the IPCC targets of 45% reduction in carbon emissions by 2030 and reaching "net zero" by 2050. 3. That the City of Waterloo will coordinate its efforts with other local municipalities, Page 101 of 129 Resolution No. 2020-XXX Page 2 energy utilities, educational institutions, as well as other local, regional, state, and national governments to accelerate action to rapidly reduce greenhouse gas emissions. 4. That City Council asks the Mayor or his designee to work with the appropriate stakeholders to develop a Climate Action plan. 5. That this Climate Action plan shall be presented to the Waterloo City Council and the public for comment and adoption. 6. That the City Council will work with the Mayor to develop necessary budgetary considerations that enables urgent climate action in the near term, while ensuring a climate resilient future for Waterloo in the long term. PASSED AND ADOPTED this day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 102 of 129 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo City Code by repealing Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions (5-3-15), in its Entirety, and Rescinding Ordinance No. 5522. City Council Meeting: 1/27/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 1/22/2020 - 4:06 PM ATTACHMENTS: Description Type ❑ Notice of Motion to Rescind Backup Material ❑ Ordinance as proposed Backup Material SUBJECT: Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code by repealing Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions (5-3-15), in its entirety, and rescinding Ordinance No. 5522. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Margaret Klein, Ward 1 Council member Summary Statement: The council will need to pass an ordinance in order to rescind the existing ordinance. Explanation on rescinding from Roberts Rules of Order: 37. Rescind, Repeal, or Annul. Any vote taken by an assembly, except those mentioned further on, may be rescinded by a majority vote, provided notice of the motion has been given at the previous meeting or in the call for this meeting; or it may be rescinded without notice by a two-thirds vote, or by a vote of a majority of the entire membership. The notice may be given when another question is pending, but cannot interrupt a member while speaking. To rescind is identical with the motion to amend something previously adopted, by striking out the entire by-law, rule, resolution, section, or paragraph, and is subject to all the limitations as to notice and vote that may be placed by the rules on similar amendments. It is a main motion without any privilege, and therefore can be introduced only when there is nothing else before the assembly. It cannot be made if the question can be reached by calling up the motion to reconsider which has been previously made. It may be made by any member; it is debatable, and yields to all privileged and incidental motions; and all of the subsidiary motions may be Page 103 of 129 applied to it. The motion to rescind can be applied to votes on all main motions, including questions of privilege and orders of the day that have been acted upon, and to votes on an appeal, with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the assembly cannot undo; or where it is in the nature of a contract and the other party is informed of the fact; or, where a resignation has been acted upon, or one has been elected to, or expelled from, membership or office, and was present or has been officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to membership or office, which requires the same preliminary steps and vote as is required for an election. Page 104 of 129 To: Quentin Hart, Mayor Kelley Felchle, City Clerk From: Margaret Klein, Councilwoman, Ward 1 Re: Agenda Request to Rescind I am formally requesting that a motion to rescind The Fair Chance Initiative, a.k.a. known as Ban the Box, be placed on the agenda for January 27, 2020. My reasons for such a request are as follows. There is a legal question as to the validity of the Fair Chance Act, as it is currently written. It seems to violate state code 364.3.12a which indicates cities may not make an employment law more restrictive than the standards set by the state. It also appears to go beyond the scope of the federal law contained in the NDAA which only pertains to federal employees and contractors and does not appear to prohibit the criminal history from being used as the only reason to rescind a job offer. The Fair Chance Initiative, as written, reaches too far into the affairs of private business practices. The city of Waterloo is being sued for these very reasons and I believe this is an indefensible cost to our citizens when there is recourse available to the city. Page 105 of 129 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CITY CODE BY REPEALING TITLE 5, POLICE REGULATIONS, CHAPTER 3, HUMAN RIGHTS, SECTION 15, UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS (5-3-15), IN ITS ENTIRETY, AND RESCINDING ORDINANCE NO. 5522. WHEREAS, the City Council of the City of Waterloo, Iowa, adopted Ordinance No. 5522, titled "An ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions and repealing Ordinance No. 5515", commonly referred to as the Ban the Box Ordinance or the Fair Chance Initiative, on November 4, 2019, and WHEREAS, Margaret Klein, Ward 1 Council member, submitted a written notice to the Mayor and City Clerk on January 21, 2020 requesting that a motion to rescind Ordinance No. 5522 be placed on the January 27, 2020 council agenda. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions (5-3-15), is hereby repealed in its entirety. Section 2. That Ordinance No. 5522, titled, "An ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions and repealing Ordinance No. 5515", adopted by the Waterloo City Council on November 4, 2019, is hereby rescinded. Section 3. That this ordinance shall not be in effect until July 1, 2020. INTRODUCED: , 2020 PASSED 1st CONSIDERATION: , 2020 WAIVED 2nd CONSIDERATION: , 2020 WAIVED 3rd CONSIDERATION: , 2020 PASSED AND ADOPTED this this th day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 106 of 129 Ordinance No. XXXX Page 2 Page 107 of 129 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo 2008 Traffic Code by deleting subsections (2) and (16) of Section 273, No Parking, and inserting in lieu thereof new subsections (2) and (16) to Section 273, No P arking. City Council Meeting: 1/27/2020 Prepared: 1/3/2020 REVIEWERS: Department Reviewer Action Date Code Enforcement Higby, Nancy Rejected 1/10/2020 - 9:45 AM Code Enforcement Russell, Emily Approved 1/15/2020 - 1:42 PM Code Enforcement Petersen, Marty Approved 1/22/2020 - 10:52 AM Clerk Office Even, LeAnn Approved 1/22/2020 - 12:02 PM ATTACHMENTS: Description Type ❑ Ordinance Backup Material SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending the City of Waterloo 2008 Traffic Code by deleting subsection (2) and subsection (16) of Section 273, No Parking, and inserting in lieu thereof a new subsection (2) and subsection (16) to Section 273, No Parking. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Martin M. Petersen, City Attorney Recommended Action: Adopt Ordinance Summary Statement: Proposed changes: (2) In front of a public or private driveway or within (5) five feet where the driveway intersects with the street. (16) On that part of any street in the City of Waterloo, between the curb line, if there be a curb, and the property line of the abutting property, nor shall any vehicle be parked on the that part of any city street not having a curb between the edge of the traveled portion of said street and property line of the abutting property, commonly referred to as "the parking" (hereinafter "the parking"). However, where lawfully authorized signs are erected by the City of Waterloo, patrons to any business adjacent to "the parking" are excepted from the prohibition of the foregoing paragraph. Under no circumstances may any of the work for any patron's vehicle be performed on "the parking", nor shall any vehicle be left on "the parking" after normal business hours, which shall include, but not be limited to, any overnight parking of said vehicle. Any other vehicles including, but not limited to, those owned or operated by any business adjacent to "the parking", are prohibited from stopping, standing, or parking any of said vehicles on "the parking". Any business that desires to permit parking on "the parking", shall apply to the City Council for said permit. The City Council Page 108 of 129 shall make its determination as to which business may have said parking based upon the following non-exclusive factors: a. That said parking must be paved in accordance with standards established by the city engineer; b. That there shall be no such parking on arterial streets, which is defined as any area in which the speed limit is over 30 mph; c. That there shall be no parking on, around, or about curves or conflicts areas; d. No part of any vehicle parked shall protrude onto the traveled portion of the roadway and/or sidewalk. Page 109 of 129 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING SUBSECTION (2) AND SUBSECTION (16) TO SECTION 273, NO PARKING, AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (2) AND (16) TO SECTION 273, NO PARKING, OF THE 2008 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (2) and Subsection (16) to Section 273, No Parking, of the 2008 Traffic Code shall be deleted in their entirety. That a new Subsection (2) and Subsection (16) to Section 273, No Parking, of the 2008 Traffic Code, shall be inserted in lieu thereof, as follows: (2) In front of a public or private driveway or within (5) five feet where the driveway intersects with the street (16) On that part of any street in the City of Waterloo between the curb line, if there be a curb, and the property line of the abutting property, nor shall any vehicle be parked on the that part of any city street not having a curb between the edge of the traveled portion of said street and property line of the abutting property, commonly referred to as "the parking" (hereinafter "the parking"). However, where lawfully authorized signs are erected by the City of Waterloo, patrons to any business adjacent to "the parking" are excepted from the prohibition of the foregoing paragraph. Under no circumstances may any of the work for any patron's vehicle be performed on "the parking", nor shall any vehicle be left on "the parking" after normal business hours, which shall include but not be limited to any overnight parking of said vehicle. Any other vehicles, including but not limited to those owned or operated by any business adjacent to "the parking" are prohibited from stopping, standing, or parking any of said vehicles on the "the parking". Any business that desires to permit parking on "the parking", shall apply to the City Council for said permit. The City Council shall make its determination as to which business may have said parking based upon the following non-exclusive factors: a. That said parking must be paved in accordance with standards established by the city engineer; b. That there shall be no such parking on arterial streets, which is Page 110 of 129 defined as any area in which the speed limit is over 30 mph; c. That there shall be no parking on, around, or about curves or conflict areas; d. No part of any vehicle parked shall protrude onto the traveled portion of the roadway and/or sidewalk. PASSED AND ADOPTED by the City Council this day of , 2020, and approved by the Mayor this day of , 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 111 of 129 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo 2008 Traffic Code by deleting Section 286, Parking for Certain Purposes Prohibited and inserting in lieu thereof a new Section 286, Parking for Certain Purposes Prohibited. City Council Meeting: 1/27/2020 Prepared: 1/15/2020 REVIEWERS: Department Reviewer Action Date Code Enforcement Petersen, Marty Approved 1/22/2020 - 10:52 AM Clerk Office Even, LeAnn Approved 1/22/2020 - 11:38 AM ATTACHMENTS: Description Type ❑ Ordinance Backup Material SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending the City of Waterloo 2008 Traffic Code by deleting Section 286, Parking for Certain Purposes Prohibited and inserting in lieu thereof a new Section 286, Parking for Certain Purposes Prohibited. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Martin M. Petersen, City Attorney Recommended Action: Adopt Ordinance Summary Statement: Proposed change: Section 286, Parking for Certain Purposes Prohibited: No person shall park a vehicle upon the roadway for the purpose of displaying such vehicle for sale or lease, washing, greasing or repairing such vehicle, except such repairs as are necessary due to an emergency. This includes vehicles belonging to a vehicle sales lot, customers' vehicles at repair or body shops, customers' returned leased vehicles, or any type of home occupation trailers. No RV's, campers, or boats may be parked on any city street for more than (48) forty-eight hours per week. Page 112 of 129 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING SECTION 286, PARKING FOR CERTAIN PURPOSES PROHIBTED AND INSERTING IN LIEU THEREOF A NEW SECTION 286, PARKING FOR CERTAIN PURPOSES PROHIBITED OF THE 2008 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 286, Parking for Certain Purposes Prohibited, of the 2008 Traffic Code shall be deleted in its entirety. That a new Section 286, Parking for Certain Purposes Prohibited, of the 2008 Traffic Code, shall be inserted in lieu thereof, as follows: SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle upon the roadway for the purpose of displaying such vehicle for sale or lease, washing, greasing or repairing such vehicle except such repairs as are necessary due to an emergency. This includes vehicles belonging to a vehicle sales lot, customers' vehicles at repair or body shops, customers' returned leased vehicles, or any type of home occupation trailers. No RV's, campers, or boats may be parked on any city street for more than (48) forty-eight hours per week. PASSED AND ADOPTED by the City Council this day of , 2020, and approved by the Mayor this day of , 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 113 of 129 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 1 to ECCO Midwest, Inc., for a net increase of $8,000, in conjunction with additional asbestos removal, for property located at 1100 Grant Avenue, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/27/2020 Prepared: 1/22/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Bid Tab ❑ Bid for additional work ❑ Change Order Form Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Date 1/22/2020 - 11:47 AM 1/22/2020 - 12:10 PM Submitted By: Noel Anderson, Director Community Planning and Development Approval During the mandatory walk through for asbestos abatement services it was discovered that there was 4' of water in the basement of 1100 Grant Avenue therefore, an addendum was issued to contractors to submit bids to abate everything but the basement while staff tries to find a way to drain the basement, with the expectation that the winning contractor would submit an extra work order to the original contract to add the abatement of the basement once dry. Ecco Midwest Inc. of Cedar Rapids, Iowa won the abatement contract to abate the upper floors. The original asbestos abatement contract amount for everything but the basement was $6,500. The bid amount to abate the basement is $6,000.00, which is the same rate as the original contract for the 1st and 2nd floors and roof. There is also an additional $2,000.00 for rental of aerial equipment to abate roof flashing due to the unsafe nature of the roof which has deteriorated since the original bid in 2017. Final contract amount is $14,500. $8,000.00. The bid amount to abate the basement is $6,000.00 plus and additional $2,000.00 for rental of aerial equipment to abate roof flashing due to the unsafe nature of the roof. Final contract amount is $14,500. Nuisance bonds Page 114 of 129 Policy Issue: Nuisance abatement Page 115 of 129 ASBESTOS ABATEMENT 1100 GRANT AVENUE & 216-220 COMMERCIAL STREET Bid Tab: October 5, 2017 Bidder Bid Security Engineers Estimate $15,000 Engineers Estimate $28,000 1100 Grant Avenue 216-220 Commercial St AAA Budget Environmental, Inc., Monticello, IA Invalid $5,599 $30,557.02 ECCO Midwest, Inc. Hastings, MN 5% $6,500 $51,000 Active Thermal Concepts, Hiawatha, IA ° 5 �° $11,866 $29,890 REW Services Corporation, Des Moines, IA 5% $14,873 $28,270 Advanced Environmental, Waterloo, IA 5% $8,000 $32,700 New Horizons, LLC, Lincoln, NE 5% $13,950 $52,890 Abatement Specialists, Cedar Rapids, IA ° 5 �° $11,335 $34,550 Page 116 of 129 �1 ECCO Midwest, Inc. 2939 Enterprise Avenue, Suite B Hastings, MN 55033-4145 I Phone: 651.788-9556 I Fax: 651-788-9562 I eccomidwest.com PROPOSAL/CONTRACT ECCO Midwest, Inc. ("ECCO") 967 - 33"d Avenue Southwest Cedar Rapids, Iowa 52404 Phone: 319-362-1431 Fax: 319-362-1487 E-Mail: jdahl@EccoMidwest.com Attn: Jeff Dahl Mobile: 651-900-2712 City of Waterloo ("Client") 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4366 Fax: E-Mail: chris.westem@waterloo-la.org Attn: Chris Western ECCO and Client agree as follows: Pursuant to the terms and conditions of this Contract, ECCO shall provide the labor and materials described in the "Scope of Work" set forth below, at the following location: 1100 Grant Avenue — Asbestos Abatement (the "Work Site"). "Contract" shall mean this page and the "Terms and Conditions" attached hereto or otherwise provided by ECCO to Client, along with any documents or schedules referenced either on this page or in the Terms and Conditions. This page and the Terms and Conditions shall control over any conflicting provisions in the documents or schedules referenced therein. SCOPE OF WORK The "Work" to be performed under this Contract shall be: Removal, clean-up, and disposal of asbestos pipe coverings in basement of building at 1100 Grant Avenue, Waterloo, Iowa — Price $6,00.0.00. Additional cost to abate roof safely due_tocollapse on West end of building. Will need to use lift to abate roof flashing — Price $2,000.00 CONTRACT PRICE The Contract Price for the Work shall be: See Above ECCO will invoice for completed work as it deems appropriate; invoices shall be paid by Client on a net thirty -day basis at ECCO 's address shown above, Authorized ECCO Midwest, Inc. Signature Authorized Client Signature By: JQ A By: Its: Project Manager lts: Date: January 13, 2020 Date: Environmental Contracting & Construction Operations Page 117 of 129 ECCO MIDWEST, INC. CONTRACT TERMS AND CONDITIONS Completion of Work Upon full execution of the Contract, and subject to Cfienl's fulfillment of its obligations under the Contract, ECCO Midwest, Inc. shall promptly commence and shall diligently proceed with the Work. 2. Changes No alteration shall be made In the Scope of Work described in the Contract, or In the Contract Price, except by written change order signed by ECCO Midwest, Inc, and Client, or by a verbal request for alteration eonllnned by written change order signed by ECCO Midwest, Inc. and Client within rive (5) business days. If an alteration is to be made. the value of labor and materials added or omitted shall be computed and determined by ECCO Midwest, Inc., and the amount so determined shalt be added to or deducted from the Contract Price. 3. Permits and Approvals ECCO Midwest, Inc. shali be responsible for obtaining all governmental permits or approvals necessary for completion of the Work. Client agrees to provide ECCO Midwest, inc. with all cooperation necessary to obtain such permits and approvals, 4. Disclaimer of Warranties ECCO Midwest, Inc. shall perform the Work using the care, skill and diligence normally applied by contractors In the performance of work similar to that contemplated under the Contract. ECCO MIDWEST, INC. DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTAE3tLITY, HASITAt3ILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5 Limitation of Liability Neither party shall be liable to the other party In any action or claim for any indirect, Incidental or consequential damages, Including without limitation, lass of profit, production, revenues, or other damages alttlbutable to business Interruption resulting from any default or breach of the Contract, or in any other way connected with performance of the Work contemplated by the Contract Further, under all circumstances, ECCO Midwest, Inc.'s liability to Client shall be limited to the portion of the Contract Prtce actually paid to ECCO Midwest, Inc„ e, Responsibility for Remedlalion Protocols if the Work to be performed under the Contract Is a microbial abatement project, Client, by and through its independent industrial hygienists andlor environmental consultants, evil have perforated, or will perform, a thorough environmental Investigation and have specified, or will specify. the methods and extent of remediation. Client hereby releases ECCO Midwest, Inc. and its employees, officers and successors, from any liability for errors or omissions made in the preparation of the protocol andlor remediatl❑n methods, ECCO Midwest, Inc. makes no representations or warranties as to whether those methods wilt be effective or appropriate. 7. Disclosure to Third Parties If the Work to be performed under the Contract is a microbial abatement project, Client shall have the sole responsibility to disclose to any persons Client deems appropriate, Including occupants of the Work Site, that mold, fungus, sewage, water damage andlor biological contamination may lead to adverse health affects, Further, Client well indemnify and held ECCO Midwest, Inc. harmless from any claims that may arise as a result of (allure to make such disclosure:, ECCO Midwest, Inc. has not provided, and will not provide, medical advice to Client, and Client agrees not to interpret any statements made by ECCO Midwest, Inc. es medical advice. e. Access to Work Site Client shall provide ECCO Midwest, Inc. with access to the Work Site in the manner and at the times requested by ECCO Midwest, inc.. Client acknowledges that there are Inherent physical dangers of being present on any remedtatlon site, Including the Work Site, Client agrees that It or its personnel or representatives will not enter onto the Work Site priar to completion of the Work unless accompanled by an ECCO Midwest, Inc. reptesentative. If Client ar its personnel ar representatives enter the Work Site In breach of these Terms and Conditions, Client agrees that it expressly assumes all risks of such entry, whether latent, patent or otherwise; and Client further agrees that any and all injury or loss is proximately caused by such access, because such Injury or damage could net have occurred but for Client's breach of these Terms and Conditions, Further, Client agrees to Indemnify and hold ECCO Midwest, Inc. harmless from arty and all claims, liabilities, costs, expense, or causes of action resulting from any such unauthorized entry into the Work Site. 5. Default; Right to Terminate (a) ECCO Midwest, Inc. shall have the right to terminate this Agreement upon five (5) days written notice to Client of any default by Client under the Contract, including without limitation, the failure to timely pay any porllon of the Contract Price. (b) Further, ECCO Midwest, Inc. shall have the right to terminate this Contract upon written notice to Client le (1) ECCO Midwest, Inc. Is unable to obtain all necessary governmental andlor other approvals or permits In connection with the Work, or (2) for reasons beyond ECCO Midwest, Inc.'s control, the Work cannot be completed as scheduled or within a reasonable erne thereafter. ff ECCO Midwest, Inc. terminates the Contract pursuant to this subparagraph (b), It shall he entitled to full payment for any work done by ECCO Midwest, Inc. up to the date of such termination. if, Arbittation (a} The parties agree that any claim (including claims of fraud) arising out of, relating to, or connected In any way with, the Contract or the breach thereof, shall be settled by final and binding private arbitration before a single arbitrator (the 'Arbitrator") in Minneapolis. Minnesota, except ECCO Midwest, Inc. may choose to litigate any dispute wherein: (a) arty Claim against ECCO Midwest, Inc. exceeds Five Hundred Thousand and No/100 Dollars ($500,000.00); or (b) ECCO Midwest, Inc seeks an Injunction or specific performance, (b) Arbitration shay: be commenced by delivery of a written Demand for Arbitration, Within twenty (20) days of delivery, each party shall propose three potential arbitrators. Unless agreement Is reached on a single arbitrator, within ten (10) days thereafter each Party shalt designate one (1) of the potential arbitrators proposed and the persons so designated shall promptly confer and choose the Arbitrator. The arbitration shall not be administered by the American Arbitration Association, but shall be conducted otherwise pursuant to Its Commercial Arbitration Rules, except that each Party shall have the right to take one or mare, but no more than five, prearbilrat:on depositions. (c) Arbitration arising out of or relating to any claim shall not include, by consolidation, joiner, or in any other manner, any third party, Including without limitation, any architect, engineer, or other design consultant retained by ECCO Midwest Inc , except where ECCO Midwest, Inc. has consented to such consolidation ar joiner in welting, and the third party has also consented In writing to such consolidation or joiner. 1 1. Indemnification Each party (the 'Indemnifying Penn shail be liable for and Indemnify and hold harmless the other party (the Indemnified Party) from any and all actions, suits, claims and costs In respect or Injury or sickness, disease ar death of any person or loss of or damages to any property, which may be brought against the indemnified Party by third parties including employees of said third parties and employees of the Indemnifying Party, which are directly related to or arise from the breach or noncempliance with any term or provision of this Contract by the tndemntfy ing Party. 12. Attorneys' Fees Client agrees to pay ECCO M dwest, tnc.'s costs and expenses, including attorneys' fees, incurred by ECCO Midwest. Inc. in enforcing any of Its rights under the Contract. 13. Notices All notices to be given under the Contract shalt be in writing and addressed to the other party at the address an the first page of the Contract. Notices shall be deemed received on the earlier of (1) the date of actual receipt; (II) the day atter delivering the notice (correctly addressed) to Federal Express or equivalent delivery service; ar (ill) two days after mating the Notice by United States Certified Mali, Return Receipt Requested. 14. Miscellaneous The invalidity, Illegality or unenforceabilily of any provision, restriction, condition, reservation or any other part of the Contract, in Its entirety or as applied to particular circumstances, shall not Impair or affect in any manner the validity, legality, enforceability ar effect as otherwise appiled to the remainder of the Contract. The Contract shall be governed by the !awe of the State of Minnesota. The Contract shall not be assigned by Client except with ECCO Midwest, Inc.'s prior written consent The Contract, ar any portion of the Work there under, may be assigned or subcontracted by ECCO Midwest, Inc. without prior written consent of Client. The captions and headings are for convenience only and do not define or limit the scope or Intent of the Contract This Contract sets forth the entire understanding of the parties, ECCO Midwest, Inc. wilt net be bound by any representations or agreements not expressly contained as a written part of the Contract, including Rs exhibits, schedules, andlor addenda. Any number of counterparts of the Contract may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one agreement. By signing below, Ceeent acknowledges receipt of a copy of the Contract. AUTHORIZED ECCO MIDWEST, INC. SIGNATURE AUTHORIZED CLIeNT SIGNATURE By: EY its: its. Page 118 of 129 Mechanic's Lien Notice Iowa law requires the following notice: A. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY HAS NOT PAID FOR THE CONTRIBUTIONS. B. UNDER IOWA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Initial Here: ECCO Midwest, Inc. Client Page 119 of 129 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 1 PROJECT: Asbestos Abatement CONTRACT NO. Asbestos Abatement Contract 1100 Grant Avenue Date Prepared: 1/22/2017 AMOUNT: $8,000.00 TO: ECCO Midwest, Inc., of Cedar Rapids lowa-Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated October 9, 2017 A. Description of change to be made or extra work to be done: The original asbestos abatement contract amount for everything but the basement was $6,500. The bid amount to abate the basement is $6,000.00, which is the same rate as the original contract for the 1st and 2nd floors and roof. There is also an additional $2,000.00 for rental of aerial equipment to abate roof flashing due to the unsafe nature of the roof which has deteriorated since the original bid in 2017. Final contract amount is $14,500.00. B. Reason for ordering change or extra work: During the mandatory walk through for asbestos abatement services it was discovered that there was 4' of water in the basement of 1100 Grant Avenue therefore, an addendum was issued to contractors to submit bids to abate everything but the basement while staff tries to find a way to drain the basement, with the expectation that the winning contractor would submit an extra work order to the original contract to add the abatement of the basement once dry. Ecco Midwest Inc. of Cedar Rapids, Iowa won the abatement contract to abate the upper floors with the expectation they would submit extra work order to the original contract to add the abatement of the basement once dry. Also since the original bid, the roof has significantly deteriorated, making it unsafe to remove the asbestos without renting aerial equipment at an additional cost of $2,000.00 C. Settlement for cost of work to be made as follows: To be paid out of Nuisance Abatement CITY OF WATERLOO BY: Mayor ATTEST: TOTAL INCREASE =$8,000.00 Date CONTRACTOR City Clerk Date BY: Date PRINTED NAME: Community Planning and Development Director Date Page 120 of 129 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 2, to J.F. Brennan Co., Inc., for a net decrease of $93,000, in conjunction with the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/27/2020 Prepared: 1/22/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 1/22/2020 - 10:37 AM Clerk Office Even, LeAnn Approved 1/22/2020 - 12:05 PM ATTACHMENTS: Description Type ❑ Cont 996_CO 2 Cover Memo Submitted by: Recommended Action: Source of Funds: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Approve change order. Page 121 of 129 CHANGE ORDER NO. 2 Owner City of Waterloo Date: January 16, 2020 Project FY 2020 Cedar River Bladder Dam Repairs Owner's Contract No. 996 Contractor: J.F. Brennan Company, Inc. Date of Contact Start November 18, 2019 Contract Amount: $ 388,350.00 You are directed to make the following changes in the Contract Documents. Description: 2-1 DELETE COFFERDAM PUMPING 2-2 DELETE BID ITEM 13 (CONCRETE GROUT) 2-3 DAM ACCESS 2-4 ADD BAY 1 AND 2 INSPECTION 2-5 BID BOND CREDIT $ (100,000.00) $ (26,000.00) $ 10,000.00 $ 25,000.00 $ (2,000.00) TOTAL ADDITIONS $ (93,000.00) Reason for Change Order 2-1 to 2-3 After completion of dive inspection, it was determined the cofferdam pumping would not be required, no concrete grout would be required, and access to the dam would be provided without the cofferdam. 2-4 The contractor offered a change order price to complete inspection of Bays 1 and 2 while he was on -site, resultin€ in a significant cost -savings to the city, and an opportunity to inspect the remaining portions of the dam 2-5 Due to project scheduling, the contractor never provided bid bond for the project. Since the project was completed withoul this bond, the contractor provided a credit to the project. CONTRACT PRICE CONTRACT TIME To Substantial To Final Completion Completion Original: $ 388,350.00 Original Completion Date: 1/15/2020 1/31/2020 Previous C.O.s (ADD/DEDUCT) $ (75,080.00) This C.O. (ADD/DEDUCT) $ (93,000.00) Revised Completion Date: 1/15/2020 1/31/2020 Contract Price with all approved Change Orders: $ 220,270.00 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND CONVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) ACCEPTED: BY: Contractor (Authorized Signature) ACCEPTED: BY: Date Date 01/22/2020 Date AECOM 606129641 2 Project No. C.O. No. Page 122 of 129 CITY OF WATERLOO Council Communication Leisure Services Commission meeting minutes of December 10, 2019. City Council Meeting: 1/27/2020 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 1/15/2020 - 9:59 AM Clerk Office Higby, Nancy Approved 1/22/2020 - 10:34 AM ATTACHMENTS: Description Type ❑ 12/10/19 Meeting Minutes Cover Memo SUBJECT: Leisure Services Commission meeting minutes of December 10, 2019. Submitted by: Submitted By: Page 123 of 129 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, December 10, 2019 Byrnes Park Office 1101 Campbell Avenue Brenda Durbahn called the meeting to order at 7:31 am. Present: Brenda Durbahn, Jadyn Spencer, Bob Bamsey, Tom Christensen, Council Liaison Steve Schmitt Staff: Paul Huting, Chris Dolan, Travis Nichols, Mark Gallagher Absent: Sharon Samec, Tom Powers, Xavier Leonard, JB Bolger and Bill Bachman Brenda Durbahn called for approval of the agenda. Motion to approve agenda by Bob Bamsey second by Tom Christensen Ayes: All. Nays: None Brenda Durbahn called for motion for approval of the 11/12/19 meeting minutes. Motion by Tom Christensen to approve minutes, second by Bob Bamsey Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Questions were answered. Motion by Bob Bamsey to approve bills, second by Tom Christensen Ayes: All Nays: None COMMITTEE REPORTS: No committee meetings were held. BCCB REQUEST TO RELOCATE CHIEF BLACK HAWK MONUMENT AI Finke, Park Ranger with the Black Hawk County Conservation Board was present to request the Leisure Services Board grant permission to relocate the stone sculpture of Chief Black Hawk from Hope Martin Park to the BHCCB Headquarters on Airline Highway. Bob Bamsey proposed a resolution to approve relocating the stone sculpture as requested, second by Tom Christensen Ayes All Nays None STAFF UPDATES Young Arena — Chris Dolan The Black Hawks are leading the West division. East and West High schools will be hosting the Battle of Waterloo wrestling tournament on December 20th and 21st. This is the first time for girls division. Expecting 32 teams for the event. Contractor will be changing out the lights above the ice and the seating area. New lights will offered much improved lighting. Exterior flag poles are being moved this week. Parking is as good as it has even been. People are using the parking shuttle. Sports and SportsPlex — Mark Gallagher Winter youth and adult sports are going on. Working on creating summer schedule for baseball and softball. This weekend activities at the sportsplex will include archery, basketball and soccer. Last week a political event was held at the sportsplex that included 12 mayors from around the country and 5 presidential candidates. Received a lot of good feedback on the event and a few members were not happy with having schedules disrupted. It was good for the sportsplex revenue. The sportsplex has a new website that is more mobile friendly than previous version. Page 124 of 129 Forestry — Todd Derifield Crews are working on routine maintenance. Working on spring tree planting projects for city parks. We were informed unofficially the Young Family Foundation will once again be funding the "Plant Waterloo! tree program" in the spring. Construction — Travis Nichols Crew is running the winter garbage route. Repairs to playground equipment were completed at Cedar Terrace, Rooff and Liberty Parks. The playground equipment at Elks Park was removed and will be replaced in the spring. The equipment had been damaged beyond repair. Crew has worked at the Gates Pump house building and the Gates Maintenance building. Final Acceptance on the Boat House Parking lot was approved at Council last night. Lincoln Park is 90% complete. Ribbon cutting ceremony is being planned for May 29th. The construction drawings for the skate park are at 90% complete. A Block grant being submitted for swing set at Sullivan Park. Golf and Downtown Area — Paul Golf rounds report was distributed. Working on pumping down thel2 -13 pond at Gates Golf Course to dredge the pond. JB participated in two days of meetings on the Park Avenue and 11th Street bridge replacements. Paul Huting — The City Council approved the agreement with the Waterloo Rowing Club for use of the boat house. This will be the last meeting for council liaison Steve Schmitt. The next regular Leisure Services Commission Meeting will be held Tuesday, January 14, 2020 at the 1101 Campbell office. Bob Bamsey will not be at the meeting for the next three months. Brenda Iurbahn adj.urned the meeting at 8:15am. Sharon amec, Secretary d ic9, 0 c3-0 Signed th s Date Page 125 of 129 CITY OF WATERLOO Council Communication Communication from the Central Garage Public Works Department on the notice of the conclusion of employment for Blake Schmit, Mechanic, effective January 10, 2020 with recommendation of approval of payout of $628.28 for unused benefits. City Council Meeting: 1/27/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/22/2020 - 10:58 AM Clerk Office Higby, Nancy Approved 1/22/2020 - 11:05 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Central Garage Public Works Department on the notice of the conclusion of employment for Blake Schmit, Mechanic, effective January 10, 2020 with recommendation of approval of payout of $628.28 for unused benefits. Page 126 of 129 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance Department Job Title/Classification CITY HALL Central Garage Mechanic 715 MULBERRY STREET 50703 Today's Date: 1/15/2020 Effective Date: 1/10/2020 Employment Date: 7/29/2019 This is to report that the employment of Blake Schmit with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned El Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 1 $ 27.80 $ 27.80 Vacation -Current 9 $ 27.80 $ 250.20 Usable Sick Leave 47.4 $ 27.80 (x) 25% $ 329.43 Frozen Sick Leave (x) 60% $ - Personal Hours $ Comp Time Pay 0.75 $ 27.80 $ 20.85 Unscheduled Leave $ - Other Pay $ - Total Payment $ 628.28 Approved by Human Resources Date /— (5 — Q-b/an Date ' 11 \ 1U Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to Council Agenda Date: ❑ Accruals (Copy in Personnel File) Department and Human Resources DStatus D-9 Updated 6/28/11 Page 127 of 129 CITY OF WATERLOO Council Communication Communication from the Central Garage Public Works Department on the notice of the conclusion of employment for Danny Heine, Mechanic, effective January 13, 2020 with recommendation of approval of payout of $7,465.82 for unused benefits. City Council Meeting: 1/27/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/22/2020 - 10:59 AM Clerk Office Higby, Nancy Approved 1/22/2020 - 11:06 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Central Garage Public Works Department on the notice of the conclusion of employment for Danny Heine, Mechanic, effective January 13, 2020 with recommendation of approval of payout of $7,465.82 for unused benefits. Submitted by: Submitted By: Page 128 of 129 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance Department CITY HALL 715 MULBERRY STREET 50703 Today's Date: 1/15/2020 Effective Date: 1/13/2020 Employment Date: 6/15/1998 Central Garage Job Title/Classification Mechanic This is to report that the employment of Danny Heine with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned O Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 5 $ 28.80 $ 144.00 Vacation -Current 217 ' $ 28.80 $ 6,249.60 Usable Sick Leave 16 $ 28.80 (x) 25% $ 115.20 Frozen Sick Leave (x) 60% $ - Personal Hours $ - Comp Time Pay 33.23 $ 28.80 $ 957.02 Unscheduled Leave $ - Other Pay $ - Total Payment $ 7,465.82 e c.a d c A \"1 hV‘o A (k.)01-, ?\G rf 'vr\/‘ (i r'1 (1c.\ %n Approved by •l Human Resources` Date / f L, •JOQ P \ Date 1 n Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status 0-9 Updated 6/28/11 Page 129 of 129