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HomeMy WebLinkAboutCouncil Packet - 6/29/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, June 29, 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 254 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of June 22, 2020, Regular Session, as approved ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Variance to Noise Ordinance request from the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between July 9, 2020 and October 1, 2020 from 5:00 p.m. to 10:00 p.m., with use of city barricades, and adhering to Covid guidelines. Submitted By: Corbin Payne, Police Lieutenant 3. Resolution approving Variance to Noise Ordinance request from Passion Anthony, on behalf of Juneteenth in July, for the annual celebration to be held in Lincoln Park on July 3, 2020, from 5:00 p.m. to 9:00 p.m., including use of a P.A. system and street closure of Park Avenue between Franklin and Mulberry. Submitted By: Corbin Payne, Police Lieutenant 4. Resolution awarding bid to Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, in the amount of $19,877, in conjunction with asbestos abatement at the Police Department storage facility. Submitted By: Dave Mohlis, Police Captain 5. Resolution approving request of Anne Marie Kofta for a waiver for a concrete driveway, located at 147 Norfolk Road, with the elimination of the sidewalk section for continuity within the neighborhood. Submitted By: Jamie Knutson, PE, City Engineer Page 2 of 254 6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 16, 2020, and date of public hearing as July 20, 2020, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and instruct the City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of City property generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, including a Development Agreement requiring improvements to the area vacated, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located northeast of 940 West 7th Street, in the amount of $500, to Clark A. Holdiman, including a Development Agreement, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located at the northeast corner of Commercial Street and 6th Street, in the amount of $1.00, to 6 Comm Properties, LLC, including an Amendment to a Development and Minimum Assessment Agreement, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of property generally described as 1809 Black Hawk Street, to 5Bees, LLC, in the amount of $1.00, including a Development Agreement with grant funds of $120,000, Minimum Assessment Agreement for multiple phases totaling $800,000, for the development of a 3,000 sq. ft. phase I, 2,000 sq. ft. phase II, 3,000 sq. ft. phase III, and 6,500 sq. ft. phase IV, and a lease agreement, for property located at the intersection of West 18th Street and Black Hawk Street, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution setting date of public hearing as July 13, 2020, to approve the request of Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right of way, located adjacent to 326 West 17th Street, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. LIQUOR LICENSES a. Dad's Pub, 1106 La Porte Rd. *Ownership Update* Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/30/2021 b. Kwik Star #723, 707 Broadway St. Class: C Beer Page 3 of 254 Renewal Application Includes Sunday Expiration Date: 7/21/2021 c. Kwik Star #722, 1214 Franklin St. Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2021 d. Kwik Star #715, 1636 W. 4th St. Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/29/2021 e. Target Store T-1792, 1501 E. San Marnan Dr. Class: B Wine, C Beer, and E Liquor Renewal Application Includes Sunday Expiration Date: 6/27/2021 f. The American Legion, 728 Commercial St. Class: C Liquor and Outdoor Service New Application Includes Sunday Expiration Date: 6/14/2021 2. APPOINTMENTS a. Pat Becker Board/Commission: MET Transit Authority Expiration Date: June 30, 2023 Re -Appointment b. Lon Kammeyer Board/Commission: MET Transit Authority Expiration Date: June 30, 2023 New Appointment c. Janna Diehl Board/Commission: MET Transit Authority Expiration Date: June 30, 2023 Re -Appointment d. Stefanie Hartel Board/Commission: MET Transit Authority Expiration Date: June 30, 2023 New Appointment e. Dusky Steele Board/Commission: MET Transit Authority Expiration Date: June 30, 2023 New Appointment f. Larry Bjortomt Page 4 of 254 Board/Commission: Library Board of Trustees Expiration Date: June 30, 2026 Re -Appointment g. Cary Darrah Board/Commission: Airport Board Expiration Date: June 30, 2024 Re -Appointment h. Sherman Wise Board/Commission: Experience Waterloo Board Expiration Date: June 30, 2023 Re -Appointment i. Tom Powers Board/Commission: Experience Waterloo Board Expiration Date: June 30, 2023 New Appointment j. Todd Holcomb Board/Commission: Airport Board Expiration Date: June 30, 2024 New Appointment k. Joy Briscoe Board/Commission: Experience Waterloo Board Expiration Date: June 30, 2023 New Appointment 3. Recommendation of appointment of Todd Wright from the Civil Service List to the position of Garage Mechanic, pending completion of physical and drug testing, effective July 14, 2020. Submitted By: Randy Bennett, Public Works Division Manager 4. Recommendation of appointment of Christopher Bovy from the Civil Service List to the position of Central Garage Mechanic, pending completion of physical and drug testing, effective July 13, 2020. Submitted By: Randy Bennett, Public Works Division Manager 5. Motion to approve the following Cigarette/Tobacco/Nicotine/Vapor licenses, expiring June 30, 2021: - The Snack Shack #1, 4335 Texas St. - The Snack Shack #2, 189 W. 11th St. - Guddi Mart, Inc., 306 Byron Ave. - BJ's Sports Bar and Billiards, 110 Ida St. - Prime Mart 1, 3535 Marigold Dr. - BP Fuel, 127 Jefferson St. Submitted By: Kelley Felchle, City Clerk 6. Bonds. PUBLIC HEARINGS Page 5 of 254 2. Taxable Sewer Revenue Capital Loan Notes - The issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020 (State of Iowa Revolving Fund Loan). 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 instituting proceedings to take additional action for the issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020. Submitted By: Michelle Weidner, Chief Financial Officer 3. FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements Project, Contract No. 987. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Matt Schindel, Associate Engineer 4. FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer RESOLUTIONS 5. Resolution approving Supplemental Agreement No. 1 to the Professional Service Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, in the amount not to exceed $292,000 for the FY 2021 Northwest Interceptor Sewer Extension, Contract No. 1031, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer 6. Resolution approving a Professional Services Agreement with Davenport Group, of Lewisburg, Tennessee, in the amount of $115,000, in conjunction with the purchase of equipment and services to refresh the Datacenter storage and related computer equipment and software, and authorizing the Mayor to execute said document. Submitted By: Chris Youngblut, Director of Technology Services 7. Resolution approving general, automobile, public official's errors & omissions, law enforcement and employment practices and umbrella liability coverage with Travelers Insurance, excess umbrella liability coverage with Allied Public Risk, property insurance coverage with Chubb, and workers compensation and third party administration Page 6 of 254 services with Safety National, for a total premium of $1,622,990, with recommendation of approval from the Insurance Committee. Submitted By: Kelley Felchle, City Clerk 8. Resolution adopting the rate of $1.00 per hour, with the first hour free and a cap of $12 per day, for parking in the ramp located on Commercial Street, on the block between Fourth and Fifth Streets, effective July 1, 2020. Submitted By: Michelle Weidner, Chief Financial Officer 9. Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2020. Submitted By: Lance Dunn, Human Resources Director 10. Resolution approving an amendment to the Animal Control Services Agreement with the Cedar Bend Humane Society, originally executed June 19, 2017, in conjunction with FY2021 thru FY2023 Animal Control Service Fees, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Traffic Operations and Animal Control Director 11. Resolution approving an Early Access Agreement with Personified, Inc., to allow for improvements to the Bluff Street section abutting 326 West 17th Street, and authorizing Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Board of Adjustment minutes of April 28, 2020. 2. Airport Board minutes of May 5, 2020. 3. Communication from the City Engineer on the notice of the conclusion of employment for Jeff Bales, Associate Engineer, effective June 19, 2020 with recommendation of approval of payout of $4,558.07 for unused benefits. Page 7 of 254 CITY OF WATERLOO Council Communication Minutes of June 22, 2020, Regular Session, as approved City Council Meeting: 6/29/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/23/2020 - 12:12 PM ATTACHMENTS: Description Type ❑ Minutes of 6/22/2020 Backup Material Submitted by: Submitted By: Page 8 of 254 June 22, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 22, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Martin Petersen, City Attorney 157954 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, June 22, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157955 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, June 15, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Waterloo Community Foundation First Responder Presentation. ORAL PRESENTATIONS Eric Donat, 610 E. 4th Street, spoke in favor of the appointments for the Human Rights Commission. David and Darla Kelly, 433 Parkhaven Drive, wanted to speak to the city council regarding high water in their neighborhood. He commented that they have lived in their neighborhood for fifteen years and for twelve years, they have been working to keep water out of their basement. He asked that the city work to alleviate the water problems at their home. Randy Bennett, Public Works Division Manager, explained that the city has experienced significant rainfall in a short amount of time. He explained that the city is working with AECOM on modeling a plan to address problem service areas. Alice Barr, 438 Parkhaven Drive, commented that she has a bathroom in her basement and water was coming up through the toilet. She questioned if they will continue to have these problems in the future. She stressed the need for the city to come up with a solution. Passion Anthony, 228 Newell Street, and explained that they want to hold an event in a park in July to educate the public on Juneteenth and why it should be made into a federal holiday. Mayor Hart commented that there is a process for reserving city parks to hold events and if there is something to be voted on, it will be done so next week. Mrs. Klein commented that she received a call from Denso and Bob Fahr to complain about the abundance of rain and the flooding they are experiencing. She asked that the council find a solution to the issue. Mr. Grieder commented that COVID-19 cases are increasing in Iowa and in the county and encouraged people to wear a mask when going out in public. Mr. Morrissey requested a total cost estimate to the City of Waterloo to address all of the residential watershed issues. Mayor Hart asked the City Engineer and Community Planning and Development Director to develop a total cost estimate of neighborhood watershed repairs. Sharon Juon commented on a number of items including the progress made by the Fair Chance Initiative Committee, the need for council to review and submit comments on the proposed changes to the travel policy, the unauthorized use of fireworks throughout the city, and the current water concerns by citizens. Page 9 of 254 June 22, 2020 Page 2 Mayor Hart commented that the city has undertaken a tremendous amount of work address ongoing water issues throughout the community and that it will be good to have a presentation on the overall work put into these issues. 157956 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157957 - Juon/Grieder 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 June 22, 2020, in the amount of $4,360,992.35, 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. 2020-456. 2. Resolution authorizing the fund transfers outlined below to comply with state law: T-9 FROM AAMT General Fund Trust & Agency Fund $7,171,187.03 Employee benefits General Fund Trust & Agency Fund $ 651,874.97 Emergency levy Debt Scrvicc Fund Debt Scrvicc Fund Debt Service Fund Tax Increment Financing Fund Sewer Fund Iowa Reinvestment District Fund $2,974,428.61 $6,577,497.49 $ 216,027.61 TIF share of General Obligation principal and Interest Sewer share of General Obligation principal and interest Reimburse Debt Service Fund for reinvestment district funds received planned to be used to pay principal for the 2017C bond issue General Fund General Fund General Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund $ 40,000.00 $ 105,831.00 $ 145,750.00 Reimburse General Fund for services provided by Main Street Reimburse General Fund for administrative expenses provided for TIF projects Reimburse General Fund for services provided by the Greater Cedar Valley Alliance Tax Increment Financing Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund General Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund $ 185,570.00 $ 245,853.18 $1,693,673.56 $ 6,056.00 $ 102,012.00 $ 11,213.11 $ 23,589.15 Expenses paid from General Fund to be funded with TIF. San Marnan Ansborough Avenue improvements San Marnan property acquisition San Marnan administrative expenses Rath property acquisition Northeast Site property acquisitions Northeast Site Newell Street improvements Page 10 of 254 June 22, 2020 Page 3 Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax increment Financing Fund Tax Increment Financing fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund $ 8,869.87 $ 54,344.99 $ 9,392.50 $ 16,750.00 $ 36,613.27 $ 117,060.00 $ 124,135.22 $ 14,903.33 $ 10,1164.22 $ 1,743.88 $ 24,176.00 $ 150,000.00 $ 10,681.25 $ 450,000.00 $ 150,000.00 $ 1,710.00 Northeast Site land development . nses (surveying, platting and wetlands delineation) Northeast Site wetland delineation and mitigation Northeast Site administrative p Martin Road Brock 3rd Lot 2 sanitary sewer construction Martin Road Brock 3rd sanitary sewer and water main construction East Waterloo Unified MidPort tree clearing East Waterloo Unified MidPort Leversee area development project East Waterloo Unified MldPort Wagner Road sanitary sewer extension and grading East Waterloo Unified MidPort administrative expenses East Waterloo Unified Logan Walnut Historical Survey East Waterloo Unified Logan access road improvements East Waterloo Unified Logan All In Grocers development incentive payment East Waterloo Unified Logan administrative expenses hotel development incentive payment Downtown Cedar Valley R 1 Estate Freidl Building development incentive payment Downtown administrative expenses 3. Resolution awarding bid to Wertjes Uniforms of Cedar Falls, Iowa, in the amount of $1,890.94, in conjunction with FYE 2021 Police Department uniform needs. Resolution adopted and upon approval by Mayor assigned No. 2020-457. 4. Resolution approving Supplemental Agreement No. 2 to an Engineering Services Agreement with Shive-Hattery Inc., of Cedar Rapids, Iowa, originally executed September 6, 2018, in the amount of $5,232, in conjunction with the Traffic Control Center Remodeling Project, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-458. 5. Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as July 9, 2020 and date of public hearing as July 13, 2020, in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-459. 6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 16, 2020 and date of public hearing as July 20, 2020, in conjunction with the City of Waterloo Public Works Truck Wash Project, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-460. Page 11 of 254 June 22, 2020 Page 4 7. Motion approving Final Quantity Summary for a net decrease of $246.56, in conjunction with the FY 2020 Rip Rap Repairs Along Levee System, Contract No. 999, and authorizing the Mayor and City Clerk to execute said document. 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $165,519.19, in conjunction with the FY 2020 Rip Rap Repairs Along Levee System Project, Contract No. 999, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-461. 9. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $120,000 for the year ending June 30, 2020 to finance administrative expenses and the contracts with Grow Cedar Valley and Main Street Waterloo. 10. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the ycar ending Juno 30, 2020 to finance administrative expenses. 11. Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $52,000 for the year ending June 30, 2020 to finance administrative expenses and the contract with Grow Cedar Valley. 12. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $11,000 for the ycar ending Junc 30, 2020 to finance administrative expenses. 13. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2020 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). 14. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $9,000 for the year ending June 30, 2020 to finance administrative 15. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2020 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). 16. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as July 16, 2020 and date of public hearing as July 20, 2020, in conjunction with the purchase of one (1) Forestry Aerial Lift Truck and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-462. 17. Resolution preliminarily approving plans, specifications, form of contract, etc., setting date of bid opening as July 9, 2020, and date of public hearing as July 13, 2020 in conjunction with the FY 2020 Warp Drive RISE Project, RM-8155(764)--9D-07, Contract No. 977, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-463. 18. Resolution setting date of public hearing as June 29, 2020 on the proposal to authorize a loan and disbursement agreement and the issuance of not to exceed $27,000,000 Sewer Revenue Capital Loan Notes of the City of Waterloo, Iowa, and providing for publication of notice thereof. Resolution adopted and upon approval by Mayor assigned No. 2020-464. Page 12 of 254 June 22, 2020 Page 5 1. 19. Resolution approving Variance to Noise Ordinance request from Jerry Mabry on June 27, 2020 from Noon to 5:00 p.m. in conjunction with the celebration of the life of Terry Mabry event, to be held at Ferguson Field, including an amplified sound system. Resolution adopted and upon approval by Mayor assigned No. 2020-465. b. Motion to approve the following: a. b. c. d. e. f. g• h. i. J• Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The American Legion, 728 Commercial Street C Liquor w/Outdoor Service Renewal 6/14/2021 x Cedar Valley Arboretum & Botanic Gardens, 1927 E. Orange Rd. *6 Month* B Native Wine w/Outdoor Service New 11/28/2020 x Edo's Sports Bar, 110 E. 1 lth Street C Liquor Renewal 5/7/2021 x Flirt's Gentlemen's Club, 319 Jefferson Street C Liquor Renewal 6/10/2021 x Golden China Restaurant, 106 Brookeridge Drive C Liquor Renewal 5/4/2021 x Kwik Star #724, 1105 Cedar Bend Drive B Native Wine / C Beer Renewal 7/21/2021 x Kwik Star #732, 324 Fletcher Avenue C Beer Renewal 7/21/2021 x Locals Bar & Grill, 229 E. 4th Street C Liquor w/Outdoor Service Renewal 5/20/2021 x Yesway Store #10022, 1976 Franklin Street C Beer / E Liquor Renewal 7/12/2021 x Yesway Store #10023, 117 E. San Marnan Drive B Wine / C Beer / E Liquor Renewal 7/13/2021 x 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Melinda M. Anderson Human Rights Commission June 22, 2023 New Charles Mhoon, II Human Rights Commission June 22, 2023 New 3. Motion to approve an Application for Fireworks Display for the Mayor's Firework Show to be held at the Bamboo Ridge Campground, 4550 Hess Road, on July 4, 2020 beginning at 9:45 p.m. and lasting approximately 18 to 20 minutes. 4. Motion to approve an Application for Fireworks Display at Sunny Side Golf Course,1600 Olympic Drive, on July 4, 2020 beginning at 10:00 p.m. and lasting approximately 25 minutes. 5. Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. 6. Bonds. Roll call vote -Ayes: Seven. Motion carried. (Removed 1.A.2, A9-A15) 157958 - Morrissey/Amos 1.A.2. Resolution authorizing the fund transfers outlined below to comply with state law: TO FROM AMOUNT PURPOSE Page 13 of 254 June 22, 2020 Page 6 General Fund Trust & Agency Fund $7,171,187.03 Employee benefits General Fund Trust & Agency Fund $ 651,874.97 Emergency levy Debt Service Fund Tax Increment Financing Fund $2,974,428.61 TIF share of General Obligation principal and Interest Debt Service Fund Sewer Fund $6,577,497.49 Sewer share of General Obligation principal and interest Debt Service Fund Iowa Reinvestment District Fund $ 216,027.61 Reimburse Debt Service Fund for reinvestment district funds received planned to be used to pay principal for the 2017C bond issue General Fund Tax Increment Financing Fund $ 40,000.00 Reimburse General Fund for services provided by Main Street General Fund Tax Increment Financing Fund $ 105,834.00 Reimburse General Fund for administrative expenses provided for TIF projects General Fund Tax Increment Financing Fund $ 145,750.00 Reimburse General Fund for services provided by the Greater Cedar Valley Alliance Tax Increment Financing Fund General Fund $ 185,570.00 Expenses paid from General Fund to be funded with TIF. Capital Projects Fund Tax Increment Financing Fund $ 245,853.18 San Marnan Ansborough Avenue improvements Capital Projects Fund Tax Increment Financing Fund $1,693,673.56 San Marnan property acquisition Capital Projects Fund Tax Increment Financing Fund $ 6,056.00 San Marnan administrative expenses Capital Projects Fund Tax Increment Financing Fund $ 102,012.00 Rath property acquisition Capital Projects Fund Tax Increment Financing Fund $ 14,243.14 Northeast Site property acquisitions Capital Projects Fund Tax Increment Financing Fund $ 23,589.15 Northeast Site Newell Street improvements Capital Projects Fund Tax Increment Financing Fund $ 8,869.87 Northeast Site land development expenses (surveying, platting and wetlands delineation) Capital Projects Fund Tax Increment Financing Fund $ 54,344.99 Northeast Site wetland delineation and mitigation Capital Projects Fund Tax Increment Financing Fund $ 9,392.50 Northeast Site administrative expenses Capital Projects Fund Tax Increment Financing Fund $ 16,750.00 Martin Road Brock 3rd Lot 2 sanitary sewer construction Capital Projects Fund Tax Increment Financing Fund $ 36,613.27 Martin Road Brock 3rd sanitary sewer and water main construction Capital Projects Fund Tax Increment Financing Fund $ 117,060.00 East Waterloo Unified - MidPort tree clearing Capital Projects Fund Tax Increment Financing Fund $ 124,135.22 East Waterloo Unified - MidPort Leversee area development project Capital Projects Fund Tax Increment Financing Fund $ 14,903.33 East Waterloo Unified - MldPort Wagner Road sanitary sewer extension and grading Capital Projects Fund Tax Increment Financing Fund $ 10,464.22 East Waterloo Unified - MidPort administrative expenses Capital Projects Fund Tax increment Financing Fund $ 1,743.88 East Waterloo Unified - Logan Walnut Historical Survey Capital Projects Fund Tax Increment Financing fund $ 24,176.00 East Waterloo Unified - Logan access road improvements Capital Projects Fund Tax Increment Financing Fund $ 150,000.00 East Waterloo Unified - Logan All -In Grocers development incentive payment Page 14 of 254 June 22, 2020 Page 7 Capital Projects Fund Tax Increment Financing Fund $ 10,681.25 East Waterloo Unified - Logan administrative expenses Capital Projects Fund Tax Increment Financing Fund $ 450,000.00 Downtown Makenda former Ramada hotel development incentive payment Capital Projects Fund Tax Increment Financing Fund $ 150,000.00 Downtown Cedar Valley Real Estate Freidl Building development incentive payment Capital Projects Fund Tax Increment Financing Fund $ 1,710.00 Downtown administrative expenses Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Michelle Weidner, Chief Financial Officer, provided an overview of the fund transfers. Resolution adopted and upon approval by Mayor assigned No. 2020-466. 157959 - Morrissey/Klein 1.A.9. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $120,000 for the year ending June 30, 2020 to finance administrative expenses and the contracts with Grow Cedar Valley and Main Street Waterloo. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey requested clarification of the amount that goes to Grow Cedar Valley in items 1.A.9 through 1.A.15 and its use. Michelle Weidner provided clarification of the amount. Resolution adopted and upon approval by Mayor assigned No. 2020-467. 157960 - Morrissey/Klein 1.A.10 Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2020 to finance administrative expenses. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-468. 157961 - Morrissey/Klein 1.A.11 Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $52,000 for the year ending June 30, 2020 to finance administrative expenses and the contract with Grow Cedar Valley. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-469. 157962 - Morrissey/Klein 1.A.12 Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $11,000 for the year ending June 30, 2020 to finance administrative expenses. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-470. 157963 - Morrissey/Klein 1.A.13 Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2020 to finance Page 15 of 254 June 22, 2020 Page 8 administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-471. 157964 - Morrissey/Klein 1.A.14 Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $9,000 for the year ending June 30, 2020 to finance administrative expenses. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-472. 157965 - Morrissey/Klein 1.A.15 Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2020 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-473. RESOLUTIONS 157966 - Morrissey/Amos that "Resolution adopting the Updated Multi -Jurisdictional Hazard Mitigation Plan for Black Hawk County, Iowa.", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-474. 157967 - Morrissey/Amos that "Resolution approving an amendment to the City of Waterloo Residency Policy by expanding the residency radius for the Leisure Services Department, Police Department, and Public Works Division to 30 miles from city hall", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned why the radius is from city hall and not corporate city limits. Randy Bennett, Public Works Division Manager, explained it was to keep consistent with the rest of the policy, but he is open to change it to corporate city limits if that is council's preference. Michelle Weidner commented that it is difficult for staff to track. Mayor Hart commented that he is challenged by the residency policy for several reasons. He explained that he will continue to advocate for local people holding local jobs. He is concerned city staff will move out of the city as well. Mrs. Juon questioned if the city can give preference to a Waterloo resident. Martin Petersen, City Attorney, commented that he is not aware of a law off hand. Mr. Morrissey commented that he wants to see the city to adopt an incentive package for employees to live in the city. Mrs. Klein commented that she will support the policy because the new Police Chief has convinced her that they are having difficulty getting qualified applicants. Resolution adopted and upon approval by Mayor assigned No. 2020-475. 157968 - Morrissey/Amos Page 16 of 254 June 22, 2020 Page 9 that "Resolution approving the 2021 Fiscal Year Ambulance Fee Schedule", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-476. 157969 - Klein/Feuss that "Resolution approving the Contracted Education Proposal for the Hartman Reserve Stormwater Education Program in the amount of $2,570.31, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-477. 157970 - Klein/Feuss that "Resolution approving the Cloverdale Park Lease Agreement with the Black Hawk County Board of Supervisors, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-478. 157971 - Klein/Feuss that "Resolution approving the FY 2021 Professional Services 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. Resolution adopted and upon approval by Mayor assigned No. 2020-479. 157972 - Boesen/Grieder that "Resolution approving a request by Steve Troskey, on behalf of CGA Consultants, to approve the preliminary plat of Gardner Addition, a 2-lot residential subdivision located north and east of 603 S. Hackett Road", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-480. 157973 - Boesen/Grieder that "Resolution approving Professional Services Agreement with Stanley Consultants of Des Moines, Iowa, in conjunction with Engineering Design Services for the Park Avenue Bicycle Signal Improvements Project, in the amount of $39,908.90, 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. 2020-481. OTHER COUNCIL BUSINESS 157974 - Feuss/Morrissey that Change Order No. 1 from Peters Construction Corporation, Waterloo, Iowa, to increase substantial completion date from August 7, 2020 to August 28, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Exhibit Hall Ceiling Renovation Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Mr. Boesen questioned if any events have been scheduled for the exhibit hall. Noel Anderson explained that the reason for the extension is to accommodate an event that is currently scheduled during that period. Mr. Boesen questioned if all life -safety mechanisms would be in place prior to the event. Noel Anderson confirmed. Page 17 of 254 June 22, 2020 Page 10 ADJOURNMENT 157975 - Morrissey/Juon that the Council adjourn at 6:32 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 18 of 254 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between July 9, 2020 and October 1, 2020 from 5:00 p.m. to 10:00 p.m., with use of city barricades, and adhering to Covid guidelines. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Police Department Even, LeAnn Approved 6/24/2020 - 12:24 PM ATTACHMENTS: Description Type ❑ Application for Variance Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between July 9, 2020 and October 1, 2020 from 5:00 p.m. to 10:00 p.m., with use of city barricades, and adhering to Covid guidelines. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 19 of 254 APPLICANT'S NAME: APPLICANT'S ADDRESS: APPLICANT'S PHONE I: APPLICATION FOR. VARIANCE TO NOISE ORDINANCE The Screaming Eagle American Bar and Grill 228 E. 4th Street Waterloo, IA 50703 319-235-8865 ANTICIPATED DA'IE OF VARIANCE: NAME OF EVENT: TIMES OF DAY OF VARIANCE: 7/9/2020-10/1/2020 BIKE NIGHT Every Thursday from 6pm-10pm GEOGRAPHICAL LOCATION OF VARIANCE: Lafayette St in front of The Screaming Eagle DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Aside from some local apartments, 3-4 blocks PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED TEE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. Bike Night has occurred every Thursday in the summer on Lafayette St. in front of The inue this er Covid idelines be inning in July and possibly going into Sept. CITY COUNCIL ACTION: APPROVAL: Je/-ekl Jones Applicant's Signature 6/19/2020 Date Police Dept Recommendation APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: /zet 4,_fe Page 20 of 254 228 E. 4th st. Waterloo, Iowa 50701 319-235-8865 theeaglestalon.com 2512 Whitetail Dr. Cedar Falls, Iowa 50613 319-277-4273 getawildhare.com 1016 W. Bremer Waverly, Iowa 50677 319-352-8819 d irtydogwaverly.com 204 E. Main St. Cedar Falls, Iowa 50614 319-266-3507 hornytoadceda rfal ls.com April 27, 2020 Waterloo City Council, The Screaming Eagle would like to thank the Waterloo City Council for allowing the closing of Lafayette between 4th and 5th Streets in the past years. This joint cooperation between the,Council and The Screaming Eagle has been a very good Thursday night attraction for the City of Waterloo during the summer months. This trouble -free event typically brings up to 1500 people downtown Waterloo. Again, we would like to ask the 2020 Waterloo City Council to grant The Screaming Eagle permission to place an aluminum fence border as we have in the past to border the event. This border shall be placed as indicated on the attached map and include the daily patio area along our building adjacent to 4th Street with the same dimensions as in the past. This request should include the same noise variance the Council has granted us in the past from 5pm40pm every Thursday night. This request is for every Thursday night May 1, 2020 through October 1, 2020. With the uncertainty of the pandemic we are taking a positive and proactive approach to this matter. Of course, we will continue to follow all guide lines as put forth by our governing bodies, with much anticipation of get our lives back to normal as safely as possible. Thank you for your support. Jeremy Jon Own{ef/Operator Screaming Eagle American Bar & Grill Waterloo, IA Page 21 of 254 Page 22 of 254 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Passion Anthony, on behalf of Juneteenth in July, for the annual celebration to be held in Lincoln Park on July 3, 2020, from 5:00 p.m. to 9:00 p.m., including use of a P.A. system and street closure of Park Avenue between Franklin and Mulberry. City Council Meeting: 6/29/2020 Prepared: REVIEWERS: Department Reviewer Action Date Police Department Even, LeAnn Approved 6/24/2020 - 5:05 PM ATTACHMENTS: Description Type ❑ Application for Variance Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from Passion Anthony, on behalf of Juneteenth in July, for the annual celebration to be held in Lincoln Park on July 3, 2020, from 5:00 p.m. to 9:00 p.m., including use of a P.A. system and street closure of Park Avenue between Franklin and Mulberry. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 23 of 254 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAIVE: APPLICANT'S ADDRESS: APPLICANT'S PHONE #: SS I 0 n\ l\ M mewl( V l c v 17.0 751q— ANTICIPATED DATE OF VARIANCE: �) U 1 '� NAME OF EVENT: �L I -�-� l� i 1 ,M. i S 1EMrf,) TIMES OF DAY OF VARIANCE: GEOGRA:PIi[CAL LOCATION OF VARIANCE: L i n (' DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: [a 17 .( PLEASE EXPLAIN THE EVENT REQUIRING TILE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYS 1'E1\4, ETC. ear •U R t r 0 (c nc( hG,e c Ski can Irk S-tree-t, Zil4 ore rl c( ri . Y1O � - �"1 �i7e ref- rn�j f �G � eC�. ()cc \OL-�r,.Je�� z. f(GO,/ n k It'r) / rU /J2J7 , CITY COUNCIL ACTION: APPROVAL: DENIAL: /1714÷WiniA),=- Aplplicant's Signatuze LI, 0 o Date Police Dept Recommendation APPROVAL: DENIAL: DECIBEL LEVEL: Page 24 of 254 CITY OF WATERLOO Council Communication Resolution awarding bid to Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, in the amount of $19,877, in conjunction with asbestos abatement at the Police Department storage facility. City Council Meeting: 6/29/2020 Prepared: 6/19/2020 REVIEWERS: Department Reviewer Action Date Police Department Mohlis, Dave Approved 6/19/2020 - 10:53 AM Clerk Office Even, LeAnn Approved 6/22/2020 - 3:46 PM ATTACHMENTS: Description Type ❑ Asbestos Testing results Cover Memo ❑ Advanced Enviromental Testing and Abatement, Inc Cover Memo bid ❑ ECCO Midwest, Inc bid Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Resolution awarding bid to Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, in the amount of $19,877, in conjunction with asbestos abatement at the Police Department storage facility. Submitted By: Dave Mohlis, Police Captain Approve bid from Advanced Environmental Testing and Abatement, Inc. The degraded floor tile prior to removal tested positive for asbestos at the Police Department storage building, 415 E 7th Street. Two bids were received: Advanced Environmental Testing and Abatement, Inc. $19,877.00 ECCO Midwest, Inc. $24,400.00 Bond funds Bond funds This building was recent acquired by the City for use by the Police Department for long term storage. In the process of remodeling the building it was found that the floor tile and mastic tested positive for asbestos and needs to be abated. Page 25 of 254 Client: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0238528 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized light Microscopy NVLAP#101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO IA 50703 Collected: 06/08/2020 Project Name: WATERLOO POLICE Address: 417 E. 7T ST, WATERLOO, IA 50703 Job#/P.O.#: Date Received: Date Analyzed: Date Reported: EPA Method: Submitted By: Collected By: 20-25552 06/09/2020 06/10/2020 06/10/2020 EPA 600/R-93/116 JAY LLEWELLYN Lab ID Client ID Sample Layer Name ! Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0238528-001 THROUGHOUT LAYER 1 417E7-1 MAIN AREA 12"x12" Floor Tile, White LAYER 2 Mastic, Black Yes Chrysotile a°o Yes Chrysotie 5°.n LAYER 3 No None Detected Carpet Mastic, Yellow Carbonates Quartz Binder/Filler Ce Iulose Fiber Quartz Carbonates Binder/Filler Synthetic Fiber Carbonates Quartz Binder/Filler 98% 2% 93% 1% 99% 0238528-002 THROUGHOUT LAYER 1 417E7-2 MAIN AREA 12"x12" Floor Tile, Black LAYER 2 Mastic, Black Yes Chrysotile 2% Carbonates Quartz Binder/Filler Yes Chrysotile 9% Cellulose Fiber Quartz Carbonates Binder/Filler 98% 1% 90% alyst - Johann}Iofer 4.1 tcfr Signatory - Lab Director - Kurt Kettler O eencuy screened. esssy seperable tames or samples are analyzed as subsamples of the whole and en repaled Sepralely tar each duufrWle layer Ad envy..* ere derived hem celdremed moot .climate and meawa.d en area percent unless otherwise noted. The report apples es the sardluds ce procedural d.mfhed and le the sample(' i tested The teal results are not necessarily indicated o, repesemntlre o1 the qualities of the l01 from wtwch the sample was taken or of momently identical or wheel products. nor do they rsllres.m an ongoing quality Assurance program toles ea noted. Thew reports ere he the .rduswe used the eddreased diem' and Mel they Me not bo reproduced Melly or in part for ad'whsng or otter purposes over our Nguema or In correction wGh our name waxed apemal widen perm.slon T s moor shall not be reproduced esapt in lug without entail approval ey ear laboratory. The umpl.a nm dellreyed el bang era retained a maamum of they dap The lobe atery measurement of uncenainry for the lest method is eppresenately less than 1 by area percent. Accredited by Me National Ins1nte al Slartd.rde and Technology Voluntary laboratory amedlatlon Program for selected tea metled for memos. The acpedt'a.n er AMY r►paa generated by iris laeoratpry n ne way maautes et mpk.s predud ceref eatlon. eppreva1 or endorsement by the Natlaul Institute el Standards and Technology The report must not be used by the o ion to clam product ceMeat,on. approval. or endorsemem by NVLAP NISI or any agency of the Federal Goverment. PWvtzed tyht Mt -.copy may red M :u alabrey reliable In detecting asbestos N hoer .romps and sealer non.tnabee orgarecaN band material. Page 1 of 1 Page 26 of 254 Proposal Proposal Submitted To: City of Waterloo - Waterloo Police Dept. Dave Mohlis 715 Mulberry Street Waterloo, IA 50703 Project & Address: Asbestos removal Floor tile and mastic 415 E. 7th Street Waterloo, IA 50703 Phone: 319-291-4400 Date: 06/17/2020 Email: mohlisd@waterloopolice.com AP*4CED ENVIRONMENTAL IN1: ANl} fLEIATE1411.14 T. INC .wrv- 803 Ricker St Waterloo, IA 50703 Phone: 319-287-4447 Fax: 319-287-4449 WE HEREBY PROPOSE to furnish all the materials, equipment and perform all labor for the completion of: removal & disposal of approximately 10,000 sq. ft. of acm floor tile and 11,200 sq. ft. of mastic from the above referenced project. PROPOSAL INCLUDES: (1) Daily OSHA required personal & excursion air monitoring State of Iowa requires a ten (10) working day notification by the contractor prior to commencement of work. OWNER'S RESPONSIBILITIES (initials required on all lines): (1) Provide all required utility services (water/electric) WE PROPOSE to furnish material and labor, complete in accordance with the above specifications for the sum of: Nineteen Thousand Eight Hundred Seventy Seven Dollars ($19,877.00) TERMS: Net 10 days All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to specified practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. We carry general liability insurance and our workers are fully covered by workers compensation insurance. NOTE: This proposal may be withdrawn by us if not accepted within 60 days. Respectfully Submitted, ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC Jay Llewellyn ACCEPTANCE OF PROPOSAL The price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment(s) will be made as outlined above. Signature: Date: Name & Title(PRINT): Pa 27 of 264 Page 28 of 254 L ECCO Midwest, Inc. 2939 Enterprise Avenue, Suite B Hastings, MN 55033-4145 E Phone: 651-788-9556 1 Fax: 651-788-9562 i, eccomidwest.com PROPOSAL / CONTRACT ECCO Midwest, Inc. ("ECCO") 967 - 33rd 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 Waterloo Police Department ("Client") 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4400 Fax: E-Mail: mohlisdCwaterloopolice.com Attn: Captain Dave Mohlis 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: 415 E 7th Street. Waterloo, IA - 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 and disposal of asbestos containing floor tile and mastic in building at 415 E 7th Street, Waterloo, lowa. Allow 1 '/A weeks to complete. 2-week notice to the State of Iowa will be required. OSHA air monitoring included. CONTRACT PRICE The Contract Price for the Work shall be: $24,400.00 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: --r By: Je Da 1 Its: Project Manager Its: Date: June 16, 2020 Date: Environmental Contracting & Construction Operations Page 29 of 254 ECCO MIDWEST, INC. CONTRACT TERMS AND CONDITIONS 1. Completion of Work Upon full execution of the Contract, and subject to Clients fulfillment of its obligations under the Contract, ECCO Midwest, Inc. shall promptly commence and shall diligently proceed with the Work. Z. 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 confirmed by written change order signed by ECCO Midwest. Inc. and Client within five (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 shad be added to or deducted from the Contract Price. 3, Permits and Approvals ECCO Midwest, Inc. shall be responsible for obtaining all govemmental 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. A. 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 MERCHANTABILITY, HABITABILITY 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 ind.rect, Incidental or consequential damages, including without limitation, loss of profit, production, revenues, or other damages attributable 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 Price actually paid to ECCO Midwest. Inc.. G. Responsibility for Remediation 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, shall have performed, or wit,. perform, a thorough environmental investigation and have specified, or will specify, the methods and extent of remediation. Client hereby releases ECCD Midwest. Inc. and its employees. officers and successors, from any liability for errors or omissions made in the preparation of the protocol and/or remediation methods. ECCO Midwest, Inc makes no representations or warranties as to whether those methods will be effective or appropriate. Disclosure to Third Parties If the Work to be performed under the Contract is a microbial abatement project. C;ient shal. have the sole responsibility to disclose to any persons Client deems appropriate, including occupants of the Work Site, that mold, fungus, sewage. water damage and/or biological contamination may lead to adverse health effects. Further, Client will indemnify and hold ECCO Midwest, Inc. harmless from any claims that may arise as a result of failure to make such disclosure. ECCO Midwest. Inc. has not provided, and will not prov de, medical advice to Client, and Client agrees not to interpret any statements made by ECCO Midwest, Inc. as medical advice. 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 remed ation site, including the Work Slle. Client agrees that It or its personnel or representatives will not enter onto the Work Site prior to completion of the Work un'ess accompanied by an ECCO Midwest, Inc. representative. If Client or its personnel or 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 Toss is proximately caused by such access, because such injury or damage could not have occurred but for Client's breach of these Terms and Conditions. Further, CI ent agrees to Indemnify and hold ECCO Midwest, Inc. harmless from any and all claims, liabilities, costs, expense, or causes of action resulting from any such unauthorized entry into the Work Site. 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 portion of the Contract Price. (b) Further, ECCO Midwest, Inc. shall have the right to terminate this Contract upon written notice to Client if: (1) ECCO Midwest, Inc. is unable to obtain all necessary governmental and/or other approvals or permits in connection with the Work, ar (2) for reasons beyond ECCO Midwest, Inc.'s control, the Work cannot be completed as scheduled or within a reasonab e time thereafter. If ECM) Midwest, Inc. terminates the Contract pursuant to this subparagraph (b), it shall be entitled to full payment for any work done by ECCO Midwest. Inc. up to the date of such termination. 1 . Arbitration (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 arb;trator (the -Arbitrator") in Minneapolis, Minnesota, except ECCO Midwest, Inc. may choose to litigate any dispute wherein: (a) any Claim against ECCO Midwest, Inc. exceeds Five Hundred Thousand and No/100 Dollars ($500,000.00); or (b) ECCO Midwest, Inc. seeks an in,unction or specific performance, (b) Arbitration shall 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 shall designate one (1) of the potential arbitrators proposed and the persons so des'gnated 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 more, but no more than five pre -arbitration deposit ons. (c) Arbitration arising out of or relating to any claim shall not Include. by consolidation, joiner. ar in any other manner, any third party, including without limitation, any architect. engineer. or other design consultant retained by ECCO M dwest, Inc.. except where ECCO Midwest, Inc. has consented to such consolidation or joiner in writing, and the third party has also consented In writing to such consolidation or joiner. 11. Indemnification Each party (the -Indemnifying Party") shall be lab's for and ndemnify and had harmless the other party (the "Indemnified Party) from any and all actions, suits claims and costs In respect of injury or sickness, disease or 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 noncompliance with any term or provis on of this Contract by the Indemnifying Party. 12. Attorneys' Fees Client agrees to pay ECCO Midwest, Inc'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 shall be in writing and addressed to the other party at the address on the first page of the Contract. Notices shall be deemed received on the earlier of. (I) the date of actual rece pt; (ii) the day after delivering the notice (correctly addressed) to Federal Express or equivalent delivery service; or (lii) two days after mailing the Notice by United Stales Certified Mal, Retum Rene pt Requested. 14. Miscellaneous The Invalidity, Illegality or unenfor eabil.ty of any provision, restriction, condition, reservation or any other part of the Contract, In Its entirety or as applied to particular circumstances, shalt not impair or affect in any manner the val dity, lega ity, enforceability or effect as otherwise applied to the remainder of the Contract The Contract shall be governed by the laws of the State of M nnesota. The Contract shall not be assigned by Client except with ECCO Midwest, Inc.'s prior written consent. The Contract, or 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 lim I the scope or intent of the Contract. This Contract sets forth the entire understanding of the parties. ECCO Midwest Inc. will not be bound by any representations or agreements not expressly contained as a written part of the Contract, including its exhibits, schedules. and/or 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 sha'l constitute one agreement, By signing below, Client acknowledges receipt of a copy of the Contract. AUTHORIZED ECCO MIDWEST, INC. SIGNATURE AUTHORIZED CLIENT SIGNATURE By: By: Its: P lect Yvkinacter its: Page 30 of 254 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. Q b. Client Page 31 of 254 CITY OF WATERLOO Council Communication Resolution approving request of Anne Marie Kofta for a waiver for a concrete driveway, located at 147 Norfolk Road, with the elimination of the sidewalk section for continuity within the neighborhood. City Council Meeting: 6/29/2020 Prepared: 6/22/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 6/24/2020 - 9:20 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 9:54 AM SUBJECT: Resolution approving request of Anne Marie Kofta for a waiver for a concrete driveway, located at 147 Norfolk Road, with the elimination of the sidewalk section for continuity within the neighborhood. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: Background Information: Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 147 Norfold Road. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. BENNETTS SUBDIVISION OF LOT 36 IN FIRST ADD TO Legal Descriptions: PROSPECT HILL S LOT 9 Page 32 of 254 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 16, 2020, and date of public hearing as July 20, 2020, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and instruct the City Clerk to publish said notice. City Council Meeting: 6/29/2020 Prepared: 6/23/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 6/24/2020 - 9:20 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 9:53 AM SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 16, 2020, and date of public hearing as July 20, 2020, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office. Source of Funds: Sanitary Sewer Funds Page 33 of 254 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of City property generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, including a Development Agreement requiring improvements to the area vacated, and instruct the City Clerk to publish said notice. City Council Meeting: 6/29/2020 Prepared: 6/25/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Development Agreement ❑ Survey SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo Cover Memo Date 6/25/2020 - 12:50 PM 6/25/2020 - 1:08 PM Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of City property generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, including a Development Agreement requiring improvements to the area vacated, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approve The City has worked to vacate un-needed right-of-way portions of Bluff Street throughout the years. This portion will allow Personified to expand their yard space area for their business along Highway 218. They will be making improvements over $30,000 to the area to be vacated. None NA Economic development Highest and Best Use of Land Infill development Business Expansion and retention Not approve Bluff Street has been vacated for many businesses thorough the years, Page 34 of 254 Background Information: including Stetson to the southeast of this site, and Black Hawk Rental to the northwest of this site. There is no public need for this portion of right-of- way. Personified is working to improve the appearance of the area with new paving, a garden section for their business purposes, and acquire the land for business expansion. The Sale of Property Policy allows the improvement costs to be deducted from a sales price, and the assessed value of this parcel of land is approximately $17,000. They are making over $30,000 in improvements. Legal Descriptions: See attached Page 35 of 254 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between Personified, Inc. ("Company"), and the City of Waterloo, lowa ("City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct certain improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey to Company for the sum of $1.00 (the "Purchase Price") the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real Page 36 of 254 property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. if title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property certain vehicle area improvements, including (a) an asphalt overlay of approximately 6,700 square feet, (b) milling, reshaping and compacting of an additional 5,000 square feet, and (c) adding and compacting six inches of roadbase material in the area adjacent to the railroad bed, as further described on Exhibit "B" attached hereto (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed, including but not limited to storm water requirements. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must complete the Improvements within six (6) months after the date of this Agreement (the "Project Completion Date"). If Company has not begun construction of the Improvements with four (4) months after the date of this Agreement, City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to City, and City shall have no further obligation hereunder. If construction has not begun within the required period but development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. if construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number 2 Page 37 of 254 of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney - in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in --fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Reserved. 6. Additional City Assistance. The incentives described in the following paragraphs of this Section 6 are in addition to the other Project incentives extended by City to Company hereunder. A. Property Vacate. The parties acknowledge that the Property consists of former street right of way. City agrees to take all actions necessary to vacate the Property within sixty (60) days after the city council's approval of this Agreement. B. Access. Pursuant to the terms of a separate early access agreement to be entered into concurrently herewith, City will allow Company, its employees, agents and contractors, access to the Property before closing. 3 Page 38 of 254 7. No Encumbrances. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property. Company may not mortgage the Property or any part thereof for any purpose. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements to maintain, as applicable, property damage and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 4 Page 39 of 254 B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows. A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any Toss or damage to property or any injury to or death of any person occurring at or about 5 Page 40 of 254 the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, 6 Page 41 of 254 or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in 7 Page 42 of 254 exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 8 Page 43 of 254 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 326 W. 17th Street, Waterloo, Iowa 50702, Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 9 Page 44 of 254 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 Page 45 of 254 CITY OF WATERLOO, IOWA PERSONIFIED, INC. By: B Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 11 Page 46 of 254 EXHIBIT "A" Legal Description of Property See attached plat of survey. Page 47 of 254 INDEX LEGEND General Description: Surveyor. Surveying Company/ Return To: Sec. 25-TB9N-R13W, SW 114, Waterloo Kyle J. Helland Helfand Engineering & Surveying, Ltd. 1107 Technology Parkway Cedar Fails, Iowa 50613-6955 (319)-266-0161 Survey Requested By: Personified inc. Proprietor. City of Waterloo LOCATION MAP - PARCEL "F" WRLISTON LOT 7 FOUND NO.4 REBAR w1OPC #6505 OMMERCIAL ST. LOT3 / 'BUEGHLEY'S PLAT OF / OUTLOTS" / / WATERLOO PARCEL 'B" PLAT OF SURVEY 317 MISC. 926 DATED 10/10/1995 LOT8 LOT2 N41°14 E 500)a -FOUND 1'/°O OPEN IRON PIPE \`566°58%2iE 32.2' — (S87°14'06"E 198.99)a S87°14'E 199.05'__ (N 3d 55�a \ J (1 f3.50)b • PARCEL A" PLAT OF SURVEY 317 MISC, 926 DATED 10/10/1995 99a IOWA NORTHERN 98' RAILWAY CO. (4. TRACKS) --85.5'---- 85.45)a N41°19'/4 E 35.1' (A141°1404"E 34.89)a d'-80 (ASSUMED BEARING) ccN SW1/4 SEC. 25-T89N-R13 W WATERLOO EAST LINE OF SW 114 THIS SURVEY MEETS/OR EXCEEDS CURRENT 'MINIMUM STANDARDS FOR PROPERTY SURVEYS' HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 50613-6955 (319)-266-0161 SHEET T OF 2 I hereby terrify thal this land surveying document was prepared end the related survey work was performed by me or under my direst p rsonal supervision and that I am a dul licensed Proles to al Land Sum) �vtlder the laws of the Stale of Iowa. Kyle 41 Helfand License Number23212 My license renewal date is December 31, 2017. AA pages or sheets are covered by this seal except PLAT OF SURVEY 289 MISC. 136 DATED 01/08/1996 This Plat or Subdivision has been reviewed by (City/County). Signature of (City/County) Date Ordinance Administrator SEE SHEET 2 FOR DESCRIPTION OF PARCEL "F" LOT 1 C LEGEND (0.07a PER PLAT OF SURVEY 317 MISC. 926 DATED 10/10/1995 (0.06 PER PLAT OF SURVEY 289 MISC. 136 DATED 01/08/1996 LOT3 FOUND NO.4 REBAR (TYPICAL UNLESS NOTED OTHERWISE) "HA YES' ADDITION" WATERLOO FOUND °P40 NAIL IN A.C.C. PAVEMENT ,- LOT 2 .' LOTI FOUND 3/8' REBAR (0.15'S&0.15'E OF TRUE CORNER) FOUND CUT "X" IN P.C.C. PAVEMENT P.O.C. SET GUT "X" IN P.C.C. PAVEMENT cao (BEARINGS ARE ASSUMED) 6' 40' 80' 160' ® SET NO. 4 REBAR X 24' LONG w/ORANGE PLASTIC CAP #23212 (00 "RECORDED AS FILE NAME: 17-193.DWG SCALE: 1" = 80' PROJECT # 17-193 DRAWN BY: CDR OPCPLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF PART OF SW 1/4 SEC. 25-T89N-R13W BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO Page 48 of 254 ._...._........____. THIS PLAT REPRESENTS A SURVEY OF PARCEL "F" That part of the Southwest Quarter (SW 1/4) of Section No. 25, Township No. 85 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeasterly corner of Lot 1 Block 3 in "Hayes' Addition" to the City of Waterloo Iowa, point being a found "P-ic nail in A.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°33'/` West a distance of 219.3 feet to the most Southerly corner of Parcel "A" recorded in Misc. Book 289 Page 136 dated 01108/1996 in the Office of the Black Hawk County Recorder, point being a found cut "X" in P.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°59Y4' West a distance of 71.15 feet to the Northeasterly right-of-way line of Bluff Street, point being a set cut "X" in P.C.C. pavement also being the point of beginning; thence continuing along the extension of said Northwesterly right-of-way line of West 17th Street South 40°59'/4 West a distance of 35.35 feet to a set'/" rebar with license #23212; thence parallel with and 15.1 feet Northeasterly of the centerline of the lowa Northern Railway Company railroad tracks North 48°38' West a distance of 365.7 feet to the most Southerly corner of Parcel "A" recorded in Misc. Book 317 Page 926 dated 10/10/1995 in the Office of the Black Hawk County Recorder, point being a set'/2" rebar with license #23212; thence along the Southeasterly line of said Parcel "A" North 41°19'/' East a distance of 35.1 feet to the Northeasterly corner of said Parcel "A", point being a found '/z" rebar; thence along said Northeasterly right-of-way line of Bluff Street South 48°401/2' East a distance of 365.5 feet to the point of beginning. Containing 12,880 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly right-of-way line of said Bluff Street is assumed to bear South 48°40%' East for this description. Parcel letter approved by County Auditor's Office Date of Survey: 09/12/2017 HELLAND ENGINEERING & SURVEYING, LTD. 1107 Tech nology Parkway Cella- 50613-6955 SHEET 2 OF 2 (319)-266-016S-0181 �1 SET NO. 4 REBAR X 24' LONG w/ORANGE PLASTIC CAP 423212 (00}RECORDED AS FILE NAME: 17-193.DWG SCALE: NIA PROJECT 17-193 DRAWN BY: CDR OPCPLASTIC CAP (O=ORANGE,R=RED,Y=YELLOW) PLAT OF SURVEY OF PART OF SW 114 SEC. 25-T89N-R13W BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO Page 49 of 254 EXHIBIT "B" Description of improvements See attached. Page 50 of 254 326 W 17th Street Waterloo, IA 50702 RE: Vacate of sluff Street Planned Improvements Bluff Street/326 W17th - Improvement: Cost: Asphalt $22,750.00 Security Cameras & Lighting $4,829.92 _ complete Fencing for Garden Materials $4 018.00 Signage $300.00 $31,897.92 Page 51 of 254 This Plat or Subdivision has been reviewed by (City/County). •asn s,JapJoaaJ AJulo3 Jo) pamasad INDEX LEGEND 0 0 SEE SHEET 2 FOR DESCRIPTION OF PARCEL "F" co co rn O co 0- rn M ▪ 00 w W DO FY0) W01 W0) wo w5 0- Oc <- ¢o wa wa 0 p a0 O O 04 ti O \ C) O • O\�, j� I! _I 0 cn F� _m 1 r N �� O �p�\w 'a0 �rn ED °Ow I > —I Lu p3 , = - rn r W - J jjccoC0� to w o ��k Bo a N �� ti `r 4�titi\ cN,1 �ti 1 M • w co I a 0 \w upir, o ~ O z LOWLO U 0 n ��^ T Z ▪ CD I I / I\ %C)�a co I I/ - rna 0 ri p I 4 / CC `y`/ V J < ww"-- C\ W \<t Z EY o 0 LO o rn� o����h Z co Lip -' 1.0 I - a 69. / 0,6 RD / / zw I- < 0 Lj w C.5 d (BEA EAST LINE 0 CO O } w cc ce a ce a 0 w 0 0 co 2 5g W CC CC 0 U CC 0 u7 CV ix M U a < z U 1= ¢Oaf 0 aUJ UT ( W Q ti } ▪ Iij xt w ce _1 J iy O W ▪ w a N c m 0 aO II < d• 0 U ZO-J� wwcai0- cn0Cr) 0 �o a L O 0J SHEET 1 OF co l CyO JL VI L.Y-F N p N LL O Z N wW W co oes 4 0 0 Via)= Z p O m .c C .— 0 0 2 p CD �x -0 0 m.0 �,� 2L6 O\ co eo ao `o O Q co 0 4— a CO. C� a 0.1 CO iC.l CO z= in C p L O a) a3 p .--- ,— 0 a) ca Q) 5 Q .1 a) a) 2 co L 2 .. 0 _0, N 0 Q) r 0 2 CCS O N Cn a_ '+-- U) �• �_ ems \ C c0) 0 OD Cm ..L 0 O L Cd.p' a) i asCL a) 0 T. C� -. L a) +� a co a) .co O a) 0 O ti C af� U I` �Ur i ` �r�-� a)12C") OQ Lf) (� V Q) O Ci) CO0 Os N O O Q T c2 'c.. ° L O L Q U m czi m 4-�. sr 4_ a) 4--CO N c C 4— .� 0 O -o O O - I 0- N d 0 O M �, j - c Z, p 'ca a = Co - c n cn Z io > M ') 0 ro J•O J C_ OQ)C)�•• Ca Cd-0C'o a)o W U U 4- - > C/) �., a) -- cri 4_ co a �' C U 0 to 4_ as . CaCe m oY �n�� aCs a) cow o c C E 1 0 O O C a) 0 L O 'O) a t= o o. -! Q p O C O a3 C D a) O 0 Z O O v-. LL, a) U =ss �>G� QN cn Z 0.0 c)Y a) }�c�� �U�, Uxcp � Ica' rrs >,L >c W ). N 0L- a) a) -a L a)0 0 Li) Q2 o ca)IDc�ca)a) 0 r ocn �.a = N • d ate) M 0 o 0 C t r, O U CO CO a) Q a� Z p =N� 0)ar�= pto 03 �d_a =Z o u- LL. a p 4+- C 0 4- � a >, 0 0 Z a) F-r .c Z oc'oZ o R TO C E..45 u) a) a) .z a) O CO t U Y .�O U .� L Q C a) t Fa LC•) W p .E. C C C cn N E p V O co L-j V) 0 p 0)— 0) as p 'O O) ca C= 0 U O7 0)C4 LLI n 4- c 0 c co m a c cn co 0 U ›_,0 c i c a) c co re (n °) o a 3= o LE 0)0 ci)ca >-,— a)c1 a`— 0 0 d C p Cc O p Ce O. U p Q O a) co O, CSi w-c 'O—i E 0 C an) OU C a) c65 N c 'ca o -- 0 C. C 0 p O p�0= p-C'O..C-cN _a a) c CD O - to ▪ a 0 Ti O a) 0 .0 U 04 _ CO ,..CO °� OU p °� a) a) 0 CO Q u) CO F-F-Ct O�U -4-85 �•2 z a a\ LL Containing 12,880 sq. ft. co C 0 .A ' 5 0.. co a) U a co a) -O E a) u) ▪ E [6 co -O - C CB a) cc; %) 0 a C6 00 c o no ▪ a) cn U c O o O co a) c co «=. o as o "C7 U Q • o A a , c E a) n 0N- u) "0 ?, cc N o �'`o U N _0 N 0 0 0't? a0) a=. .00 00) -C o O ' Q CO -0 Z o CO a) C cc • 0 a) 0 � I— CA a) ) t.4— O 2 tea)+ U a) C1�0 Z d C1 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located northeast of 940 West 7th Street, in the amount of $500, to Clark A. Holdiman, including a Development Agreement, and instruct the City Clerk to publish said notice. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 6/24/2020 - 11:13 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 11:58 AM ATTACHMENTS: Description Type ❑ Development Agreement Cover Memo SUBJECT: Submitted by: Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located northeast of 940 West 7th Street, in the amount of $500, to Clark A. Holdiman, including a Development Agreement, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approve The City acquired the parcel number 8913-26-411-017 through 657A action. S ummary S tatement: There remains a garage on the back portion of the site which is in disrepair. The abutting property owner, Mr. Holdiman, will buy the lot for $500 and demolish the dilapidated structure. Expenditure Required: NA Source of Funds: NA Policy Issue: Revitalization of neighborhoods Alternative: Not approve Background Information: The City acquired the site in 2012 and demolished the home in 2013. The garage was left on site ,0000xoc. The abutting neighbor is willing to acquire the site for $500, demolish the structure, and restore the lot to a nice clean appearance for additional yard space. His lot is only 30' wide, and the lot to be sold is only 30' wide. The lots has an assessed value of $2,980. So the reduce price is allowed by Page 54 of 254 the Sale of Property Policy due to costs for improvements of the site. Legal Descriptions: See attached Development Agreement Page 55 of 254 Preparer: Christopher S. Wendland, P.O. Box 596 Waterloo, Iowa 50704 (319) 234- 5701 After recording, retum to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between Clark A. Holdiman ("Holdiman"), and the City of Waterloo, Iowa ("City"). RECITALS A. Holdiman is willing and able to demolish or cause to be demolished an existing structure on property located on property adjacent to Holdiman's property at 940 W. 7th Street, which property is identified as parcel no. 8913-26-411-017 (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Holdiman for the sum of $500.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Holdiman may, at his own expense, obtain whatever form of title evidence he desires. If title is unmarketable or subject to matters not acceptable to Holdiman, and if City does Page 56 of 254 not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Holdiman, Holdiman may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Holdiman. Holdiman acknowledges that he has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Property and the Work. Holdiman agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Holdiman shall demolish existing structures on the Property, remove all debris, and level the site (collectively, the "Work"). The Works shall be undertaken and completed in accordance with the terms of this Agreement and shall comply with all applicable City ordinances and other applicable law. Holdiman will use his best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Work may be lawfully done. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Holdiman's commitment to cause the Work to be undertaken in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Holdiman, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Holdiman must obtain a demolition permit and complete the Work within twelve (12) months after the date of this Agreement (the "Project Completion Date"). If Holdiman has not begun the Work within four (4) months before the Project Completion Date, City may terminate this Agreement as set forth in Section 13, title to the Property shall revert to City, and City shall have no further obligation hereunder. If the Work has not begun within four (4) months before the Project Completion Date but the commencement of the Work is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If the Work has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Holdiman (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if the Work is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 13, title to the Property shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Holdiman agrees that he shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Holdiman. Holdiman shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Holdiman shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Holdiman fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Holdiman's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Holdiman does hereby constitute and appoint City as its attorney - in -fact. Holdiman further agrees that he shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Work, or Holdiman's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Page 57 of 254 Holdiman's ownership of same. if City files suit to enforce the terms of this Agreement and prevails in such suit, then Holdiman shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Holdiman's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Deed -Back Option. If Holdiman determines at any time that the Work is not economically feasible, such as by discovery of unanticipated structural problems or for other reasons as determined by Holdiman, then upon thirty (30) days' advance written notice to City Holdiman may deed the Property back to City on the terms set forth in Section 4, and thereafter neither party shall have any further obligation under this Agreement except as provided in Section 4. In connection with any reconveyance of title to City, Holdiman shall not be entitled to a refund of the Purchase Price. 6. Utilities. Holdiman will be responsible for terminating or disconnecting any utility services of any type or nature whatsoever that serve the Property. 7 Reserved. 8. No Encumbrances. Until completion of the Work, Holdiman agrees that he shall not create, incur, or suffer to exist any Liens on the Property. Holdiman may not mortgage the Property or any part thereof for any purpose. 9. No Assignment or Conveyance. Holdiman agrees that he will not sell, convey, assign or otherwise transfer his interest in the Property prior to completion of the Work, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Holdiman under this Agreement. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Holdiman. Holdiman hereby represents and warrants as follows: A. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Holdiman is now a party or by which he or his property is bound, nor do they constitute a default under any of the foregoing. B. There are no actions, suits or proceedings pending or threatened against or affecting Holdiman in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the financial position of Holdiman or which in any manner raises any questions affecting the validity of the Page 58 of 254 Agreement or Holdiman's ability to perform his obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Holdiman to cause the Work to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Holdiman of any interest (either directly or indirectly) in the Property or this Agreement without the prior written consent of City, before completion of the Work; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Holdiman in this Agreement, or made by Holdiman in any written statement or certificate furnished by Holdiman pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. E. Holdiman (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing his inability to pay his debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Holdiman as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Holdiman, or part thereof, shall be appointed in any proceedings brought against Holdiman and shall not be discharged within ninety (90) days after such appointment, or if Holdiman shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 13. Remedies. A. Default by Holdiman. Whenever any Event of Default in respect of Holdiman occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Holdiman of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Holdiman shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Holdiman before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Holdiman occurs and is continuing, Holdiman may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Holdiman shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to Page 59 of 254 Holdiman that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification. Holdiman hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any acts or omissions of Holdiman, his employees, agents or contractors, in relation to the Work. The indemnified parties shall not be liable for any damage or injury to the persons or property of Holdiman or his employees, contractors or agents, or any other person who may be about the Property, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Holdiman's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Holdiman to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Holdiman acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Holdiman acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Holdiman, at 940 W. 7th Street, Waterloo, Iowa 50702. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in Page 60 of 254 person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Holdiman nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Page 61 of 254 By: Quentin M. Hart, Mayor Clark A. Holdiman Attest: 2 Kelley Felchle, City Clerk EXHIBIT "A" Legal Description of Property The Northeast One-half of Lot 8, Block 5 in Johnson's Addition to Waterloo, Iowa. 2 Page 62 of 254 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located at the northeast corner of Commercial Street and 6th Street, in the amount of $1.00, to 6 Comm Properties, LLC, including an Amendment to a Development and Minimum Assessment Agreement, and instruct the City Clerk to publish said notice. City Council Meeting: 6/29/2020 Prepared: 5/29/2020 REVIEWERS: Department Reviewer Action Date P lanning & Zoning Schroeder, Aric Approved 6/24/2020 - 10:05 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 11:21 AM ATTACHMENTS: Description Type ❑ Amendment to Development and Minimum Assessment Backup Material Agreement ❑ Agreement approved 9.8.2015 Backup Material SUBJECT: Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located at the northeast corner of Commercial Street and 6th Street, in the amount of $1.00, to 6 Comm Properties, LLC, including an Amendment to a Development and Minimum Assessment Agreement, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval. Transmitted herewith is a request of the sale and conveyance with Dolly James 2, LLC (Brent Dahlstrom) and Hi Yield LLC (Brent Dahlstrom and Summary Statement: Jim Sulentic) to authorize the sale and conveyance of City -owned property for $1.00, formerly known as the Flea Market building. This would allow Dolly James and Hi Yield to construct a new 4-story residential building with first floor commercial space on the site. Expenditure Required: $5,000 Source of Funds: Nuisance bonds Policy Issue: Land Use PART Of LOTS 31 AND 32, AND VACATED ALLEY DESCRIPTION: PART OF LOT 31 AND LOT 32 IN FRACTIONAL BLOCK 7, AND A1SO THAT PART OF THE VACATED ALLEY BETWEEN Page 63 of 254 Legal Descriptions: FRACTIONAL BLOCKS 7 AND 14, LYING WESTERLY OF THE EXISTING RAILROAD RIGHT-OF-WAY, ALL PART OF THE ORIGINAL PLAT OF WATERLOO ON THE WEST SIDE OF THE CEDAR RIVER, WATERLOO, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 69, FRACTIONAL BLOCK 14 OF THE SAID ORIGINAL PLAT OF WATERLOO ON THE WEST SIDE OF THE CEDAR RIVER; THENCE N 41"47'17" E, 19.99 FEET ALONG THE WESTERLY LINE OF THE EXISTING RAILROAD RIGHT-OF-WAY; THENCE N 51"55'16" W, 2.00 FEET; THENCE N 38"04'44" E, 11.36 FEET TO THE BEGINNING OF A NONTANGENTIAL 1,475.20 FOOT RADIUS CURVE; THENCE 41.86 FEET ALONG THE WEST LINE OF THE EXISTING RAILROAD RIGHT-OF-WAY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, WITH A DELTA OF 01"37'32", LONG CHORD BEARS N 39"10'49" E, 41.85 FEET; THENCE N 48"42'16" W, 46.57 FEET TO THE BEGINNING OF A 60.75 FOOT RADIUS CURVE; THENCE 97.16 FEET ALONG SAID CURVE, CONCAVE SOUTHERLY, WITH A DELTA 0?? 91"38'29", ANO THE LONG CHORD BEARS S 88°50'47" W, 87.13 FEET; THENCE S 43"34'50" W, 13.01 FEET TO THE NORTHERLY LINE OF LOT 70 OF FRACTIONAL BLOCK 14 OF THE SAID ORIGINAL PLAT OF WATERLOO ON THE WEST SIDE OF THE CEDAR RIVER; THENCE S 48°05'18' E, 115.40 FEET ALONG THE NORTHERLY LINE OF SAID LOT 69 AND LOT 70 TO THE POINT OF BEGINNING. Page 64 of 254 Page 1 of 17 I111NI111II111IONtl'MN1111IgINIqNENllbll11l1l411I Doc ID: 006907690017 Type: GEN Recorded: 11/13/2015 at 03:39:30 PM Fee Amt: $87.00 Pape 1 of 17 Slack Hawk County Iowa SANDIE L. SMITH RECORDER Fne2016—.00009121 Prepare( Information: Christ96er 5. W ndland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 Name f/ Address City Phone DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of Ems- $ , 2015 by and between Dolly James 2, LLC (the "Company"), Hi Yie d, LLC (the "Affiliate") and the City of Waterloo, Iowa (the "City"). Brent Dahlstrom and James Sulentic are principals of Company and/or Affiliate and execute the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Downtown Urban Renewal and Redevelopment Plan area, generally located on the northeasterly side of the corner of Commercial Street and W. 69) Street, and legally described on Exhibit "A" attached hereto (the "Property"). C. Affiliate owns real estate abutting the Property, legally described on Exhibit "B" attached hereto (the "Affiliate Property"), which the parties intend to be included in the project that is the subject of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real 5^i7_ LC) ;( (7\ File Number: 2016-00041 5 Page 2 of 17 property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until (i) Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter, and (ii) City has satisfied the contingency for amendment of the urban renewal plan as set forth in Section 12. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements. Company and Affiliate shall construct on the Property and the Affiliate Property an apartment building consisting of four above -ground floors and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). Each floor will be approximately 12,000 square feet, with 10 units on the upper floors. Said building shall also contain a limited commercial area on the first floor. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property and Affiliate Property and may include underground parking. The site shall be developed as generally depicted on Exhibit "C" attached hereto, and Company shall submit specific building designs and site plans for City review and approval. It is contemplated that, upon completion, the improved property will have a total value of approximately $2,500,000. The Property, the Improvements, and all site preparation and development -related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that the commitment of Company and Affiliate to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Company and Affiliate must obtain a building permit and begin construction by June 30, 2016 and substantially complete construction within twelve (12) months thereafter. If Company has not, in good faith, begun the construction of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property 2 File Number: 2018-00041 6 gpm42 Page 3 of 17 shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company and Affiliate further agree that they shall, jointly and severally, indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, their failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company and Affiliate shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. The duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Regulatory Approvals. Company and Affiliate acknowledge and agree that the Project will require Company and/or Affiliate to obtain various approvals from 3 File Number: 2016-00041 7 gpmp Page 4 of 17 the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for the proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company and Affiliate agree to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property and Affiliate Property for design issues, landscape design, parking, construction documents, and other matters. 7. Utilities. Company and Affiliate will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company and Affiliate acknowledge and agree that each will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property or Affiliate Property. Company and Affiliate further agree that prior to the date set forth in Section 2 of Exhibit "D" that neither of them will seek or cause a reduction in the taxable valuation for the Property and the Affiliate Property, which shall be fixed for assessment purposes, below the aggregate amount of $2,500,000 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the Affiliate Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company and Affiliate agree to sign said attached Exhibit "D" at the closing. 9. Tax Rebates. Provided that Company and Affiliate have completed the Improvements as set forth herein and have executed the Minimum Assessment Agreement as set forth in Section 8, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Twenty 42% rebate each year for any taxable value over the January 1, 2015 value of $32,400 for the Property (land value only) and $12,600 for the Affiliate Property. Rebates are payable in respect of a given year only to the extent that Company or Affiliate have actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company or Affiliate must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. 4 File Number: 2016-000412818 gpm44 Page 5 of 17 The taxable value of the Property and the Affiliate Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or Affiliate Property or upon (y) the value of the Property or Affiliate Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company and Affiliate. Company and Affiliate each hereby represents and warrants for itself as follows: A. It is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. It has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on its own behalf. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be cancelled without further obligation by any party hereto. 5 File Number: 2016-0004149 gpmp Page 6 of 17 13. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materiality of Company's and Affiliate's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company and Affiliate to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company and Affiliate acknowledge that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company or Affiliate, at 2202 College Street, Cedar Fails, Iowa, 50613, Attention: Brent Dahlstrom, with a copy to Eric Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa, 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (lii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 6 File Number: 2016-000412110 gpmp Page 7 of 17 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DOLLY JAMES 2, LLC HI YIELD, LLC 7 File Number: 2016-000412/11 grftlbz17 Page 8 of 17 By: G"‘4 By: rnest G, Clark, Mayor Brent Dahlstrom, Manager PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company and/or Affiliate, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company and Affiliate, their successors and assigns, of all promises and covenants on the part of Company or Affiliate to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, for a period of three (3) years after the date of the Agreement. Liability of guarantors hereunder 's joint a sev- al. Event Dahlstrom .f . es R. Sulentic 8 File Number: 2018-000412 4 Page 9 of 17 EXHIBIT "A" Legal Description of Property Lot No. 70 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, except that part thereof Tying Southeasterly of the center line of the party wall erected between Lot Nos. 69 and 70. File Number: 2016-000412/13 Page 10 of 17 EXHIBIT "B" Legal Description of Affiliate Property Lot 69 and that part of Lot 70 lying Southeasterly of the center line of the party wall erected between Lots 69 and 70, all in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. File Number: 2016-000wbg17zpgpp i Page 11 of 17 EXHIBIT "C" Aerial Depiction See attached. File Number: 2016-000Whg17§gyc j41 Page 2 of 17 Page 13 of 17 Page 14 of 17 EXHIBIT "D" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this 8" day of 5 ��--60— 2-0 + , by and among the CITY OF WATERLOO, IOWA ("City"), Dolly James 2, LLC ("Company"), Hi Yield, LLC ("Affiliate") and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Company and Affiliate have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" and Exhibit "B" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company and Affiliate will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company and Affiliate desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $2,500,000 (the "Minimum Actual Value") in the aggregate for both properties until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2017. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2047. Nothing herein shall be deemed to waive the rights of Company or Affiliate under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment File Number: 2016-000Whg17pgyc Page 15 of 17 made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company or Affiliate seek or cause the reduction of the aggregate actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BY. % a/ rnest G. lark, Mayor Suzy Sc ares, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ) ss. DOLLY JAMES 2, LLC HI YIELD, LLC By: Brent Dahlstrom, Manager On this day of z�,S , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City 2 File Number: 2016-000WRI7gici25145 Page 16 of 17 Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on / /Uk/Sr by Brent Dahlstrom as Manager of Dolly James 2, LLC and Hi Yield, LLC. 3 Notary Public File Number: 2016-000Whglgpgyc 5 Page 17 of 17 • CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Million Five Hundred Thousand Dollars ($2,500,000) in the aggregate until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa /7-()-(r Date Subscribed and sworn to before me on ,�/ /3-2o/S— by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. .7 Notary Public DEBORAH L. BOECKMANN MY COMMISSION 11016 MY c ip/ N FRFA File Number: 2016-000Whg181Sgicp7 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234.5701 Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of 2020 by and among Dolly James 2, LLC (the "Company"), Hi Yield, LLC (the "Affiliate"), 6 COMM Properties, LLC (the "Transferee") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company, Affiliate and City are parties to that certain Development Agreement dated September 8, 2015 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" and adjoining land (the "Affiliate Property") described on Exhibit "B" to the DA. Company, Affiliate and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to the Property and the Affiliate Property, dated as of the same date. The DA and MAA have been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2016-9121. The parties desire to include additional land (the "New Property") within the Project area and to otherwise amend the DA and the MAA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Within 60 days after approval of this Amendment by the City Council of the City of Waterloo, Company and Affiliate will deed the Property and the Affiliated Property to Transferee. Effective upon delivery to Transferee of a property executed deed, the DA and the MAA shall be automatically amended to remove Company and Affiliated from the Agreement and to substitute Transferee in place thereof. Thereafter, Company and Affiliate shall have no further duties under the Agreement, and Page 82 of 254 Page 2 Transferee shall be solely responsible to discharge all duties of Company and Affiliate thereunder, as well as any additional duties provided for in this Amendment. 2. Exhibit "A" of the DA and of the MAA is hereby stricken and the attached Exhibit "A" is substituted in place thereof. The effect of such amendment is to add the New Property to the Property already described in Exhibit "A". The parties agree that all references in the DA and the MAA to the Property shall include the New Property. 3. Following City council approval of this Amendment and of the sale and conveyance of the New Property to Transferee for the sum of $1.00, City will convey the New Property to Transferee on the same terms as are set forth in Section 1 of the DA, reserving an easement in favor of City and the public for use of an existing recreational trail that is located over and upon the New Property and for rights of reasonable access to said trail for purposes of inspection, maintenance, repair, replacement and removal, and further reserving an easement for any existing public utilities located in or beneath the vacated alley. If said recreational trail is damaged by Transferee, its employees, contractors or agents, during the Project, then Transferee agrees that it shall promptly repair such damage. If Transferee fails to do so within 60 days after written demand by City, City may undertake such repair and charge the cost thereof to Transferee, with interest to accrue at the rate of 6% per annum, compounded monthly, on any balance of such cost and expense that is not remitted to City within 30 days after billing. 4. Section 3 of the DA is amended to strike the last sentence of the first paragraph thereof and to substitute the following new sentence in its place: "Company and Affiliate or Transferee must obtain a building permit and begin construction by August 31, 2020 and substantially complete construction within fourteen (14) months thereafter." 5. The DA is hereby amended to strike the first sentence from Section 9 and to substitute the following new sentence in its place: "Provided that Company and Affiliate or Transferee have completed the Improvements as set forth herein and have executed the Minimum Assessment Agreement as set forth in Section 8, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Twenty 75% rebate each year for any taxable value over the January 1, 2019 value of the Property, the Affiliate Property, and the New Property." 6. Section 1 of the MAA is amended to strike "December 31, 2017" therefrom and to substitute "October 31, 2021" in place thereof. 7. Section 2 of the MAA is amended to strike "December 31, 2047" therefrom and to substitute "December 31, 2051" in place thereof. Page 83 of 254 Page 3 8. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect, including personal guaranties. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DOLLY JAMES 2, LLC HI YIELD, LLC By: Quentin M. Hart, Mayor Brent Dahlstrom, Manager Attest: 6 COMM PROPERTIES, LLC Kelley Felchle, City Clerk B • Brent Dahlstrom, Manager Page 84 of 254 EXHIBIT "A" Legal Description of Property (including New Property) Lot No. 70 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, except that part thereof lying Southeasterly of the center line of the party wall erected between Lot Nos. 69 and 70. AND Part of Lot Nos. 31 and 32 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, commencing at the most Westerly corner of Lot No. 31, thence Northeasterly along the Southeasterly right of way line of West Sixth Street a distance of 43.7 feet; thence Southeasterly to a point on a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32, which point is 55 feet Northeasterly of the Southwesterly line of Lot No. 32; thence Southeasterly along said parallel line 55 feet to the Southwesterly line of Lot No. 32; thence Northwesterly along the Southwesterly line of Lots 32 and 31 to the point of beginning. AND That part of the vacated alley in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, that lies Northwesterly of the Southwesterly extension of a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32 in said Fractional Block No. 14. Page 85 of 254 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of property generally described as 1809 Black Hawk Street, to 5Bees, LLC, in the amount of $1.00, including a Development Agreement with grant funds of $120,000, Minimum Assessment Agreement for multiple phases totaling $800,000, for the development of a 3,000 sq. ft. phase I, 2,000 sq. ft. phase II, 3,000 sq. ft. phase III, and 6,500 sq. ft. phase IV, and a lease agreement, for property located at the intersection of West 18th Street and Black Hawk Street, and instruct the City Clerk to publish said notice. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ History of area ❑ Prior buildings ❑ Development Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Backup Material Backup Material Backup Material Date 6/25/2020 - 11:28 AM 6/25/2020 - 1:47 PM Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of property generally described as 1809 Black Hawk Street, to 5Bees, LLC, in the amount of $1.00, including a Development Agreement with grant funds of $120,000, Minimum Assessment Agreement for multiple phases totaling $800,000, for the development of a 3,000 sq. ft. phase I, 2,000 sq. ft. phase II, 3,000 sq. ft. phase III, and 6,500 sq. ft. phase IV, and a lease agreement, for property located at the intersection of West 18th Street and Black Hawk Street, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approve The Development Agreement will work in partnership with 5 Bees, LLC for the construction of three new buildings and the rehabilitation of another, raising the current taxable value from $131,250 (paying $1,794 in taxes) to over $800,000 -- all in the 18th Street corridor area. The City grant portion of $120,000 will help to acquire some of the properties for redevelopment. $120,000 Rath TIF and bond funds Economic Development Page 86 of 254 Policy Issue: Alternative: Background Information: Infill Development Blight elimination Not approve The City has worked with Jonny B Construction for 3 new buildings in the Rath area (on land donated by BDI for economic development) raising the taxable value of that land from $39,588 to $515,380. Jonny B is a public employee. So they have set up the LLC for this agreement to comply with State Code for the project to move forward. The 5 Bees, LLC project will build three new buildings and rehabilitate one. It will raise the property values in the area from $131,250 to over $800,000 through four phases of the agreement. The grant amount will help acquire properties and is repayable back to City with interest if the projects are not followed through with for construction per the dedicated timelines. Overall, the City has worked to redevelop this area as an infill commercial and industrial park for smaller business locations, mainly through eliminating blighted homes and vacant buildings through 657A. These efforts have worked to promote private investors to also start to re -invest in this area without help from City on projects. We have seen over $2.3 million in new taxable value created over the last 13 years, on lots already served by City streets, sewer, water, etc. Great infill development and reuse of land. Legal Descriptions: See Development Agreement Exhibits Page 87 of 254 Page 88 of 254 Page 89 of 254 Page 90 of 254 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT (Phased Development) This Development Agreement (the "Agreement") is entered into as of , 2020 by and between 5 Bees, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct buildings and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Within 30 days from the date of this Agreement, City shall convey to Company, for the sum of $1.00, the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and Page 91 of 254 right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. 2. Phased Development. The parties contemplate that Company will develop the Property and other nearby properties in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. Demolition of existing structure on the Property and construction of a new commercial building of no less than 3,000 square feet. B. Phase 2. Interior and exterior improvements to an existing building on property at 1813 Black Hawk Street, Waterloo. C. Phase 3. Demolition of existing structure at 175 W. 16th Street, Waterloo (the "Phase 3 Lot") and construction of a new commercial building of no less than 3,000 square feet. D. Phase 4. Construction of a commercial building of no less than 6,500 square feet on parcel no. 8913-25-453-005 at the corner of Black Hawk Street and W. 1 8th Street, legally described as set forth on Exhibit "1" of Exhibit "B" (the "Phase 4 Lot"). Properties corresponding to Phases 2-3 are referred to as "Developer Properties," and the Property, Developer Properties and Phase 4 Lot are referred to as "Project Properties." For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Project Properties completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Improvements by Company. Company shall construct on the Project Properties the improvements described in Section 2 above, and related landscaping, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Properties, the Improvements, and all site preparation and development - related work to make the Project Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2 Page 92 of 254 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property and the Phase 4 Lot to Company, and that without said commitment City would not have done so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain all permits to demolish the existing structure on the Property and to construct the Phase 1 Improvements so that construction on Phase 1 Improvements begins by April 1, 2021 (the "Phase 1 Start Date") and is completed no later than April 30, 2022 (the "Phase 1 Completion Deadline"). Phase 2 Improvements must be substantially completed by December 31, 2023, and Phase 3 Improvements must be substantially completed by December 31, 2024. Company must begin construction of Phase 4 Improvements within 12 months after City conveys the Phase 4 Lot to Company (the "Phase 4 Start Date) and must substantially complete such Improvements by December 31, 2026 or within 24 months after City conveys title to the Phase 4 Lot to Company, whichever is later (the "Phase 4 Completion Deadline"). For any phase, substantial completion of construction shall be evidenced by issuance of an occupancy permit. B. Events triggering reverter of title. (i) Subject to Unavoidable Delays as set forth below, if Company has not, in good faith, begun the construction of Phase 1 Improvements and Phase 4 Improvements by the corresponding Phase Start Date, then City may terminate this Agreement as to such phase area and title to such phase area shall revert to the City, except as may be provided in this Agreement; provided, however, that if construction has not begun by the applicable Phase Start Date but the development of the Project as to such phase is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the phase Improvements, and if an extension is granted but construction of the phase Improvements has not begun within such extended period, then City may terminate this Agreement as to such phase area(s) and title to the applicable phase area(s) shall revert to the City after the end of said extended period. In the event of any termination, City shall have no further obligations under this Agreement with respect to any affected phase area. (ii) If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable undeveloped phase area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, 3 Page 93 of 254 and thereupon neither party shall have any further obligation under this Agreement with respect to any such phase area conveyed, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against any Project Property deeded to City. (iii) If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the phase area(s) shall revert to City. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the reverted Project Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against such property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney- i n-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the reverted Project Property of any type or nature whatsoever that attaches to such property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Water and Sewer. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Project Property that Company desires and for payment of any associated connection fees. 4 Page 94 of 254 7. Additional City Assistance. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Development Grant; Contingent Repayment; Security. City will provide payments of up to $120,000.00 (the "Grant") to assist Company with acquisition of Developer Properties and Company's demolition activities thereon. The schedule of payment shall be as follows: 1) $70,000.00 within thirty (30) days after the date of this Agreement; 2) $25,000.00 within thirty (30) days after Company provides to City proof of closing on Company's purchase of the Phase 3 Lot. 3) $25,000.00 within thirty (30) days after Company provides to City proof of completed demolition of existing structures on the Property and the Phase 3 Lot. If Company fails to complete the Project as required by Sections 2 and 3, then the Grant will be repayable to City at the rate of $30,000.00 for each Project phase that is not completed. Any amount repayable shall accrue interest at the rate of six percent (6%) per annum from and after the date of disbursement from City and continuing until repaid in full. As security for repayment of the Grant, Company shall either (a) provide a mortgage to City against the Project Properties, which City agrees to subordinate to any mortgage for acquisition or construction financing, or (b) obtain and keep in force one or more performance bonds in the amount of not less than $150,000.00 for each Project phase and one or more payment bonds that guarantee the timely payment of all materials, services and labor. If Company elects to maintain performance and payment bonds, then certificates or copies of said bonds shall be delivered to City, and until Project completion Company will not do or omit the doing of any act which would vitiate any bond. Upon completion of a Project phase, City shall release any mortgage against property corresponding to such phase, and Company may terminate any performance bond or payment bond corresponding to such phase. B. Phase 4 Lot. Within sixty (60) days after the date of this Agreement, City will terminate the existing lease for the Phase 4 Lot between City and 3 Little Lambs, LLC and shall enter into a new lease for the Phase 4 Lot with Company, substantially in the form attached hereto as Exhibit "B". Within thirty (30) days after the lapse, release or discharge of any and all tax liens, judgment liens or other liens affecting the Phase 4 Lot (anticipated to occur no later than May 2024), City shall convey the Phase 4 Lot to Company on the same terms as the conveyance described in Section 1 of this Agreement. C. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is 5 Page 95 of 254 eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. D. Vacated Alley. City agrees to take all steps necessary to vacate the alley behind the Property and to convey same and other available adjacent alley to Company by quit claim deed concurrently with conveyance of the Property. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $150,000.00 (the "Phase 1 Minimum Actual Value"), through: (i) either; willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with Phase 2 Improvements, Phase 3 Improvements, and Phase 4 Improvements, the parties will execute and record for each such phase a separate MAA to establish the Minimum Actual Value ("MAV") for such phase. The parties anticipate that the MAV for Phase 2 will be $100,000.00, the MAV for Phase 3 will be $150,000.00, and the MAV for Phase 4 will be $400,000.00. The total MAV will be not less than $800,000.00 for all combined phases of Improvements. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Project Properties, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Project Properties or any part thereof for any purpose except in connection with financing of the Improvements. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, its interest in any Project 6 Page 96 of 254 Property prior to completion of the applicable Project phase to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 11. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until substantial completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Each Project Property will have a taxable value as set forth in the corresponding MAA, and Company agrees that the minimum actual value of such property and completed Improvements thereon as stated in the MAA will be a reasonable estimate of the actual value of the such property and related Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Project Property and related site improvements, will equal or exceed the assessor's minimum actual value for such Project Property and Improvements as set forth in the MAA. D. Until termination of an MAA, Company will maintain, preserve and keep the Project Properties, including but not limited to the related Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Project Properties owned by it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property that is determined by any tax official to be applicable to the Project Properties or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to 7 Page 97 of 254 delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Project Properties. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Project Properties and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 13. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or 8 Page 98 of 254 provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Properties or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Properties or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any term or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under 9 Page 99 of 254 this Agreement), or (2) the acquisition and condition of the Property or the Phase 4 Lot and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property or Phase 4 Lot, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, the Phase 4 Lot, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Project Properties; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or an MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Project Properties. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, 10 Page 100 of 254 incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 18. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property and/or Phase 4 Lot as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other 11 Page 101 of 254 person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at P.O. Box 655, Waterloo, IA 50704, Attention: Jonathan Brundrett. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion 12 Page 102 of 254 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 5 BEES, LLC By: By: Quentin M. Hart, Mayor Jonathan Brundrett, VP and Special Projects Director Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all 13 Page 103 of 254 promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. William Brundrett Jonathan Brundrett 14 Page 104 of 254 EXHIBIT "A" Legal Description of Property: Lot 7 in Block 16 in Hayes' Addition to the Town (now City) of Waterloo, Black Hawk County, Iowa, half of alley abutting said Lot 7, and other available alley abutting said Lot. Page 105 of 254 EXHIBIT "B" BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of , 2020, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and 5 Bees, LLC ("Tenant"), whose address for the purposes of this Lease is P.O. Box 655, Waterloo, Iowa, 50704. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: Tax parcel no. 8913-25-453-005, in Waterloo, Iowa, at the northwesterly corner of Black Hawk Street and W. 18th Street, as legally described on Exhibit "1", with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon the date hereof and continuing until and including December 31, 2024, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 , in advance, due upon signing of this Lease. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for lawful purposes in its current condition. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as otherwise provided herein. 6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises, and it will remove same from the premises at its own expense. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for and maintain the premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant shall make no structural improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns and grounds to keep the premises well -maintained. Tenant shall be responsible to clear ice and snow from all sidewalks on or abutting the premises. 7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. 8. END OF TERM. This Lease shall terminate upon expiration of the original term in accordance with Section 1. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises 2 Page 106 of 254 as required by Sections 3 and 4. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord, but in any such instance shall provide written notice of such assignment or sublease to Landlord. 10. PROPERTY TAXES. The Property is currently tax exempt. Tenant shall be responsible to pay before delinquency any general property taxes that may be assessed against the Property during the Term hereof. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (c) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) (each of the foregoing is a "Claim") occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The foregoing indemnity shall include, but is not limited to, Claims of Tenant or any third party for loss, damage or destruction of any personal property or fixtures left on the premises after termination of the tenancy. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. In the event of a destruction or damage of the leased premises so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. N/A. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in business activities on the premises for more than fourteen (14) consecutive business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such 3 Page 107 of 254 default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) Waiver as to any default shall not constitute a waiver of any other or subsequent default. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A. 17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs, salvaging or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises. 21. OTHER PROVISIONS. (a) The parties acknowledge that the leased premises are subject to several federal tax liens and/or judgment liens arising from a prior owner, which by the passage of time will lapse in 2024. If before the date of lapse any lien holder takes action to enforce its lien, Landlord agrees to work diligently to seek a release or discharge of such lien. After lapse, release or discharge of all liens, Landlord shall convey the leased premises to Tenant pursuant to the terms of a development agreement between the parties. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 4 Page 108 of 254 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa 5 Bees, LLC By: By: Quentin Hart, Mayor Jonathan Brundrett, VP and Special Projects Director Attest: Kelley Felchle, City Clerk 5 Page 109 of 254 EXHIBIT "1" Legal Description of Leased Premises HAYES ADDITION PARCEL I OF SE 1/4 SEC 25 T 89 R 13 LYING IN BLK 15 AND FORMALLY A PART OF PARCEL F AS SHOWN IN DOC 2007-014335 DESC AS COM AT SELY COR BLK 15 HAYES ADD TH N 49 DEG 01 MIN 25 SEC W 5 FT ALONG SLY LINE BLK 15 TO PT OF BEG TH N 24 DEG 27 MIN 43 SEC E 426.10 FT TO PT ON SWLY LINE OF PARCEL DEED B 545 P 381 PT BEING 75 FT NWLY OF ELY TERMINUS OF THAT LINE TH N 40 DEG 14 MIN 30 SEC W 154.78 FT ALONG PARCEL DESC CLD B 545 P 381 TH S 40 DEG 50 MIN 06 SEC W 259.58 FT ALONG A LINE PAR WITH AND 140 FT DISTANT TO ELY LINE BLK 16 HAYES ADD TO SLY LINE BLK 15 TH S 49 DEG 01 MIN 25 SEC E 222.28 FT ALONG SAID SLY LINE BLK 15 TO PT OF BEG EXC NWLY 45.94 FT IN EVEN WIDTH AS MEASURED ALONG NLY ROW LINE BLACK HAWK ST. Page 110 of 254 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), 5 BEES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake, or cause to be undertaken, the development of an area ("Project") within the Rath Urban Renewal and Redevelopment Plan area of the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $150,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before December 31, . If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, . Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 111 of 254 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA 5 BEES, LLC By: By: Quentin M. Hart, Mayor Jonathan Brundrett, VP and Special Projects Director Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2020, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 2 Page 112 of 254 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2020 by Jonathan Brundrett as Vice President and Special Projects Director of 5 Bees, LLC. Notary Public 3 Page 113 of 254 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 114 of 254 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 13, 2020, to approve the request of Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right of way, located adjacent to 326 West 17th Street, and instruct the City Clerk to publish said notice. City Council Meeting: 6/29/2020 Prepared: 6/25/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description o Council P acket o Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Backup Material Date 6/25/2020 - 12:56 PM 6/25/2020 - 1:10 PM Resolution setting date of public hearing as July 13, 2020, to approve the request of Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right of way, located adjacent to 326 West 17th Street,, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to setting date of public hearing as July 13, 2020, to approve the Personified, INC. to vacate approximately 12,880 square feet of Bluff Street right of way located adjacent to 326 West 17th Street. None N/A Right -of -Way The applicant is requesting to vacate a portion of Bluff Street located in unplatted Waterloo West. The request to vacate the portion of Bluff Street would not appear to have a negative impact on the neighborhood as the area is largely commercial with destination businesses in the area, and the street is not needed for public street purposes. The request to vacate would not appear to have a negative impact on vehicular traffic in the area the street is a dead end with the applicant being the only business located along the vacate area. There is no sidewalks in the Page 115 of 254 Background Information: area and the vacate is cut off from the US Highway 218 trail by the Iowa Northern Railroad tracks and a chain link fence that blocks access to the highway. The US 218 trail is located across the Iowa Northern railroad tracks from the vacate area but is divided by a chain link fence. The site has been zoned "M-1" Light Industrial District since the adoption of the Zoning Ordinance in 1969. North — Commercial and a Church zoned "M-1" Light Industrial District. South — Commercial zoned "M-1" Light Industrial District. East — Commercial zoned "M-1" Light Industrial District. West — Iowa Northern Railroad and US Highway 218. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. The commercial businesses in the area were developed between 1948 and 1996 and the church was built in 1995. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0302F Lowell Elementary School is located 0.16 miles to the west across US Highway 218. There are no known utilities located along Bluff Street. Waterworks has water in 17th Street but not in Bluff. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The request to vacate Bluff Street would not appear to negatively affect the area or traffic conditions. The role of Bluff was greatly diminished with the construction of US Highway 218 into an expressway in the 1990's. All buildings on the west side of Bluff were demolished with few buildings remaining on the east side of the street. Several sections of the street have already been vacated in the area. The northern part of Bluff Street to 16th was vacated in two sections by Ordinance 3977 on 10-11-1993 and Ordinance 4151 on 02-05-1996. The portion of Bluff Street south of 17th to 18th Street was vacated by Ordinance 4298 on 05-26-1998. During Tech Review it was noted that the Plat of Survey shows a measurement of 15.1' from the western vacate line to the Iowa Northern Railroad tracks but the legal description shows 15.0'. The correct number is 15.1 and a corrected legal description will need to be submitted before sending the request to city council. This request originally was recommended for approval by the Planning, Programing and Zoning Commission on November 14, 2017 but was never sent to city council as the applicant requested it be put on hold. Therefore the Zoning Ordinance requires it to go through Planning and Zoning again since more than 1 year has passed since it was recommended for approval. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate 12,880 SF of Bluff Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. Page 116 of 254 Legal Descriptions: 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The street has been rendered surplus due to the US 218 project and subsequent vacations. THIS PLAT REPRESENTS A SURVEY OF PARCEL "F" That part of the Southwest Quarter (SW 1/4) of Section No. 25, Township No. 85 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeasterly corner of Lot 1 Block 3 in "Hayes' Addition" to the City of Waterloo Iowa, point being a found "P-K" nail in A.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°33%' West a distance of 219.3 feet to the most Southerly comer of Parcel "A" recorded in Misc. Book 289 Page 136 dated 01/08/1996 in the Office of the Black Hawk County Recorder, point being a found cut "X" in P.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°59%' West a distance of 71.15 feet to the Northeasterly right-of-way line of Bluff Street, point being a set cut "X" in P.C.C. pavement also being the point of beginning; thence continuing along the extension of said Northwesterly right-of-way line of West 17th Street South 40°59%' West a distance of 35.35 feet to a set %" rebar with license #23212; thence parallel with and 15.1 feet Northeasterly of the centerline of the Iowa Northern Railway Company railroad tracks North 48°38' West a distance of 365.7 feet to the most Southerly comer of Parcel "A" recorded in Misc. Book 317 Page 926 dated 10/10/1995 in the Office of the Black Hawk County Recorder, point being a set %" rebar with license #23212; thence along the Southeasterly line of said Parcel "A" North 41 ° 19%' East a distance of 35.1 feet to the Northeasterly comer of said Parcel "A", point being a found %" rebar; thence along said Northeasterly right-of-way line of Bluff Street South 48° 40%' East a distance of 365.5 feet to the point of beginning. Containing 12,880 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions Page 117 of 254 of record and not of record. Note: The Northeasterly right-of-way line of said Bluff Street is assumed to bear South 48°40%' East for this description. Parcel letter approved by County Auditor's Office Page 118 of 254 November 14, 2017 REQUEST: Request by Personified, INC. to vacate approximately 12,880 square feet of Bluff Street right of way located adjacent to 326 West 17th Street. APPLICANT(S): Personified, Inc. 326 West 17th Street Waterloo, Iowa GENERAL The applicant is requesting to vacate a portion of Bluff Street DESCRIPTION: located in unplatted Waterloo West. IMPACT ON The request to vacate the portion of Bluff Street would not NEIGHBORHOOD & appear to have a negative impact on the neighborhood as the SURROUNDING area is largely commercial with destination businesses in the LAND USE: area, and the street is not needed for public street purposes. VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular traffic in the area the street is a dead end TRAFFIC with the applicant being the only business located along the CONDITIONS: vacate area. There is no sidewalks in the area and the vacate is cut off from the US Highway 218 trail by the Iowa Northern Railroad tracks and a chain link fence that blocks access to the highway. RELATIONSHIP TO The US 218 trail is located across the Iowa Northern railroad RECREATIONAL tracks from the vacate area but is divided by a chain link TRAIL PLAN and fence. COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The site has been zoned "M-1" Light Industrial District since the adoption of the Zoning Ordinance in 1969. North — Commercial and a Church zoned "M-1" Light Industrial District. South — Commercial zoned "M-1" Light Industrial District. East — Commercial zoned "M-1" Light Industrial District. West — Iowa Northern Railroad and US Highway 218. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, The proposed vacate would not appear to have a negative impact on drainage. The commercial businesses in the area were developed between 1948 and 1996 and the church was built in 1995. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0302F Lowell Elementary School is located 0.16 miles to the west across US Highway 218. There are no known utilities located along Bluff Street. Vacate- Bluff Street north of 17th Page 1 of 3 Page 119 of 254 November 14, 2017 SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Waterworks has water in 17th Street but not in Bluff. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The request to vacate Bluff Street would not appear to negatively affect the area or traffic conditions. The role of Bluff was greatly diminished with the construction of US Highway 218 into an expressway in the 1990's. All buildings on the west side of Bluff were demolished with few buildings remaining on the east side of the street. Several sections of the street have already been vacated in the area. The northern part of Bluff Street to 16th was vacated in two sections by Ordinance 3977 on 10-11-1993 and Ordinance 4151 on 02-05-1996. The portion of Bluff Street south of 17th to 18th Street was vacated by Ordinance 4298 on 05-26-1998. During Tech Review it was noted that the Plat of Survey shows a measurement of 15.1' from the western vacate line to the Iowa Northern Railroad tracks but the legal description shows 15.0'. The correct number is 15.1 and a corrected legal description will need to be submitted before sending the request to city council. This request originally was recommended for approval by the Planning, Programing and Zoning Commission on November 14, 2017 but was never sent to city council as the applicant requested it be put on hold. Therefore the Zoning Ordinance requires it to go through Planning and Zoning again since more than 1 year has passed since it was recommended for approval. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate 12,880 SF of Bluff Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The street has been rendered surplus due to the US 218 Vacate- Bluff Street north of 17th Page 2 of 3 Page 120 of 254 November 14, 2017 project and subsequent vacations. With the following conditions: 1. That a correct legal description be submitted before request is forwarded to city council. Vacate- Bluff Street north of 17th Page 3 of 3 Page 121 of 254 City of Waterloo Planning, Programming and Zoning Commission November 14, 2017 IIIIIIIIIII 111 IIIIIII 1 I I I I I I I I I IIIIII III I I 11111111111 III III 111 H HII IIIII IIIII IIIII II II IIIII 1111 IIIII ti H H H H H H H H I I I I I I I I I I I I I I I I I R C Zi I I I I I H IIIIIIIIIIIIIIIIII II 1111111111111111 111111111111111111 H �HIIIIIH li l i l i t m R C=Z C-1;C;Zr�lilii' IIIIIIIIIIIIIIIIII III IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIIIIIIIIIIII II I IIIIIII IIII IIII I I IIIIIIIIIIIIIIIII I H mom sMIM111 M111111M I:111111M R=2 T I I I I I I I I 1 TV T 1111111 lie _IIIIIIn� 111111111111111 auui T 1 DIE L Harold Getty Lake Adjacent to 326 West 17th Street Vacate Request Personified, Inc. Page 122 of 254 City of Waterloo Planning, Programming and Zoning Commission November 14, 2017 Adjacent to 326 West 17th Street Vacate Request Personified Inc. Page 123 of 254 N �,: E AIL -y r•PieF�// �� 75 37.5 0 75 °IQiioo ‘ci Feet INDEX LEGEND General Description: Surveyor. Surveying Company/ Return To: Survey Requested By: Proprietor: Sec. 25-T89N-R13W, SW 1/4, Waterloo Kyle J. Helland Helland Engineering & Surveying, Ltd. 1107 Technology Parkway Cedar Falls, Iowa 50613-6955 (319)-266-0161 Personified Inc. City of Waterloo Reserved for County Recorder's use. LOCATION MAP OMMERCIAL ST. LOT FOUND NO. 4 REBAR w1OPC #6505 N 41 ° 19'/' E 24.95' `(N 41 °14'04"E 25.00)a FOUND IWO OPEN IRON PIPE S 66°58'/' E 32.2' (S87°1406"E 198.992a S87°14'E 199.05'__ (N 49 °04 24" 30.55)a PARCEL "A" PLAT OF SURVEY 317 MISC. 926 DATED 10/10/1995 BUEGHLEY'S PLAT OF OUTLOTS" ,/ WATERLOO PARCEL "51" PLAT OF SURVEY 317 MISC. 926 DATED 10/10/1995 113.55'-- -'-__85.5'---" (113.54)a 85.451a 113.50)6 IOWA NORTHERN RAILWAY CO. (Q TRACKS) N 41 ° 19'/4' E 35.1' (N41°14'04"E 34.89)a (ASSUMED BEARING) PARCEL "F" 12,880 SQ. FT. SW 1/4 SEC. 25-T89N-R13W WATERLOO This Plat or Subdivision has been reviewed by (City/County). Signature of (City/County) Ordinance Administrator Date SEE SHEET 2 FOR DESCRIPTION OF PARCEL "F". LEGEND (0.0)a PER PLAT OF SURVEY 317 MISC. 926 DATED 10/10/1995 (0.026 PER PLAT OF SURVEY 289 MISC. 136 DATED 01/08/1996 LOT3 FOUND NO. 4 REBAR (TYPICAL UNLESS NOTED OTHERWISE) PLAT OF SURVEY 289 MISC. 136 DATED 01/08/1996 HAYES' ADDITI•N WATERLOO FOUND "P-K" NAIL IN A.C.C. PAVEMENT LOT2 EAST LINE OFSWII4 THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" s,__HELLAND ENGINEERING & SURVEYING, LTD. Cedar110Technologyw50613-69556y Fats, Iowa (319)-266-0161 SHEET I OF 2; I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that ! am a duly licensed Professional Land Surveyar-+mder the law the State of Iowa. Kyle J. ¢felland License Number 23212 My license renewal date is December31, 2017. All pages or sheets are covered by this seal except: ooD FOUND 3/8' REBAR (0.15' S & 0.15' E OF TRUE CORNER) FOUND CUT "X" IN P.C.C. PAVEMENT • P.O.C. SET CUT "X" IN P.C.C. PAVEMENT (BEARINGS ARE ASSUMED) �� �co 40' 80' 160' • SET NO. 4 REBAR X 24" LONG w/ORANGE PLASTIC CAP #232121 (00)RECORDED AS FILE NAME: 17-193.DWG SCALE: 1" = 80' PROJECT # 17-193 DRAWN BY: CDR LOPCPLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF PART OF SW 1/4 SEC. 25-T89N-R13W BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO 1 Image "I24 or 254 THIS PLAT REPRESENTS A SURVEY OF PARCEL "F" That part of the Southwest Quarter (SW 1/4) of Section No. 25, Township No. 85 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeasterly corner of Lot 1 Block 3 in "Hayes' Addition" to the City of Waterloo Iowa, point being a found "P-K" nail in A.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°33'/' West a distance of 219.3 feet to the most Southerly corner of Parcel "A" recorded in Misc. Book 289 Page 136 dated 01/08/1996 in the Office of the Black Hawk County Recorder, point being a found cut "X" in P.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°59'/' West a distance of 71.15 feet to the Northeasterly right-of-way line of Bluff Street, point being a set cut "X" in P.C.C. pavement also being the point of beginning; thence continuing along the extension of said Northwesterly right-of-way line of West 17th Street South 40°591A' West a distance of 35.35 feet to a set'/2" rebar with license #23212; thence parallel with and 15.0 feet Northeasterly of the centerline of the Iowa Northern Railway Company railroad tracks North 48°38' West a distance of 365.7 feet to the most Southerly corner of Parcel "A" recorded in Misc. Book 317 Page 926 dated 10/10/1995 in the Office of the Black Hawk County Recorder, point being a set'/ ' rebar with license #23212; thence along the Southeasterly line of said Parcel "A" North 41 °191/' East a distance of 35.1 feet to the Northeasterly corner of said Parcel "A", point being a found '/" rebar; thence along said Northeasterly right-of-way line of Bluff Street South 48°40%' East a distance of 365.5 feet to the point of beginning. Containing 12,880 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly right-of-way line of said Bluff Street is assumed to bear South 48°40W East for this description. Parcel letter approved by County Auditor's Office Date of Survey: 09/12/2017 HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 50613-6955 (319)-266-0161 SHEET 2 OF 2 • SET NO. 4 REBAR X 24" LONG w10RANGE PLASTIC CAP #23212 (002RECORDED AS FILE NAME: 17-193.DWG SCALE: N/A PROJECT # 17-193 DRAWN BY: CDR OPCPLASTIC CAP (O=GRANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF PART OF SW 1/4 SEC. 25-T89N-R13W BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO c 12JufZ54 Vacate Request — Adjacent to 326 West 17th Street Looking northwest at Bluff Street at the area requested to be vacated. Looking southeast at Bluff Street at the area requested to be vacated. Looking at a portion of former Bluff Street to the southeast of the area in question that has already been vacated. Looking at the Iowa Northern Railroad that abuts Bluff Street. Page 126 of 254 Applicant: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 a Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Personified, Inc.Address: 326 W17 Street Phone No.: 31 9-23 2-3 369 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Bluff Street from Stetson Supply to Special Occasions Party Rental Legal description of area to be conveyed, vacated, or encroached: ah/ heI P/A1 $ 5b're 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): $1 . 0 0 • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: i2v/1e. 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves addilii al co i truction as the ea f.?the request. Applicant — Will am D. Rodgers, Owner Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements _/a-/7 Page 127 of 254 THIS PLAT REPRESENTS A SURVEY OF PARCEL "F" That part of the Southwest Quarter (SW 1/4) of Section No. 25, Township No. 85 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeasterly corner of Lot 1 Block 3 in "Hayes' Addition" to the City of Waterloo Iowa, point being a found "P-K" nail in A.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°33%' West a distance of 219.3 feet to the most Southerly corner of Parcel "A" recorded in Misc. Book 289 Page 136 dated 01/08/1996 in the Office of the Black Hawk County Recorder, point being a found cut "X" in P.C.C. pavement; thence along the Northwesterly right-of-way line of West 17th Street South 40°59%' West a distance of 71.15 feet to the Northeasterly right-of-way line of Bluff Street, point being a set cut "X" in P.C.C. pavement also being the point of beginning; thence continuing along the extension of said Northwesterly right-of-way line of West 17th Street South 40°59%' West a distance of 35.35 feet to a set %" rebar with license #23212; thence parallel with and 15.1 feet Northeasterly of the centerline of the Iowa Northern Railway Company railroad tracks North 48°38' West a distance of 365.7 feet to the most Southerly corner of Parcel "A" recorded in Misc. Book 317 Page 926 dated 10/10/1995 in the Office of the Black Hawk County Recorder, point being a set %" rebar with license #23212; thence along the Southeasterly line of said Parcel "A" North 41 ° 19%' East a distance of 35.1 feet to the Northeasterly corner of said Parcel "A", point being a found %" rebar; thence along said Northeasterly right-of-way line of Bluff Street South 48° 40%' East a distance of 365.5 feet to the point of beginning. Containing 12,880 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly right-of-way line of said Bluff Street is assumed to bear South 48°40%' East for this description. Parcel letter approved by County Auditor's Office Date of Survey: 09/12/2017 HELLAND Page 128 of 254 CITY OF WATERLOO Council Communication Recommendation of appointment of Todd Wright from the Civil Service List to the position of Garage Mechanic, pending completion of physical and drug testing, effective July 14, 2020. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Greco, Sandie Approved 6/24/2020 - 11:22 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 11:29 AM ATTACHMENTS: Description Type ❑ P ersonnel Requisition Backup Material ❑ Job Description Backup Material ❑ Questionnaire Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Recommendation of appointment of Todd Wright from the Civil Service List to the position of Garage Mechanic, pending completion of physical and drug testing, effective July 14, 2020. Submitted By: Randy Bennett, Public Works Division Manager Approve Recommendation This position is being filled due to a termination. This position is budgeted and required to support the Central Garage operations. $59,904.00 $28.80 per hour $87,045.19 with benefits General Fund - 010-18-7950-1111 Strategy: 2.2: - Enlist all City department and staff members in efforts to promote a safer community. Page 129 of 254 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or El To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ****'*******Y. KiCXXXXXXXX*XiCX**********************'Y.**'Y. 'Y. 'Y.'********'Y.*********************************** Position Title: Garage Mechanic Department: Central Garage Reports To: Fleet Maintenance Director Work Location: Public Works Employment Status: ® Regular Full Time n Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month n Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑ No n Internal Posting Only Bargaining Position: ® Yes 111 No ® Internal Posting and External Advertising Bargaining Group: 177 Non -bargaining Position: ❑ Yes ® No Complete the following if the n New Position or Anticipated start date: requisition is to fill a vacancy: Replacement Position for: Dan Heine and Blake Schmit (Garage Mechanic) (Specify name and title of former incumbent) Date incumbent terminated employment: 01-13-00 Date of final payout: 01-20-00 ASAP No. of hours/week: 40 Work schedule: 0700-1500 - Mon -Fri Justification of need for position: This position is a replace two vacant positions. What are the likely consequences if the position is not filled? Critical position in the maintenance of equipment. Annual salary requirements: APPROVALS $59,904.00 Hourly Rate: 28.80 Benefits: $87,045.19 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approve ubject to the following conditions: ( SubmittDepartment Head Date Chief Financial Officer Date Human Resources Committee Chairperson Date Mayor Date City Clerk/Human Resources Director Date Created 8/7/2014 Page 130 of 254 0.....Submit resume by going to www.cityofwaterlooiowa.com clicking on Job Opportunities, reviewing the Garage Mechanic description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, xxx xx, 2020. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION GARAGE MECHANIC DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CENTRAL GARAGE $27.80 per hour with $1.00 increase after 6 month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Skilled technical position, responsible for the maintenance and repair of up to seventy different types of vehicles owned by the City and operated by City employees. The work is performed under the general direction of the Fleet Maintenance Director, but considerable leeway is granted for independent judgment. or Skilled, highly technical position, responsible for repair and maintenance of over thirty-five fire rescue vehicles including several different makes and models of fire apparatus, ambulances, pickup trucks and passenger vehicles. The work is performed under the general direction of the Fleet Maintenance Supervisor, but considerable leeway is granted for independent judgment. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs routine preventive maintenance on a variety of gasoline and diesel powered equipment. 2. Repairs gasoline and diesel engines, transmissions and drive trains. 3. Troubleshoots, diagnoses and repairs automotive electrical failures. 4. Performs tire replacement/repair, fuel systems diagnosis/repair, brake repair, suspension system repair, cooling system repairs, clutch/transmission replacement/repair, driveline repair and hydraulic systems diagnosis/repair. 5. Repairs radiators, cleans and overhauls carburetors and replaces fuel pumps. 6. Repairs hydraulic pumps and lines. Fabricates hydraulic lines to proper pressure ratings and performs pressure testing of lines. 7. Performs major overhaul on gasoline and diesel engines. 8. Performs layout and fabrication of metal assemblies and weldments. Performs welding/cutting as needed 9. Performs design and creation of jigs to aid in the fabrication of parts. 10. Performs mechanical duties either in shop or on service call, responding to calls for service at remote job sites. Works outside in Page 131 of 254 all weather conditions. equipment. 11. Replaces or repairs major components of fire apparatus high volume centrifugal water pumps. (FIRE ONLY) 12. Maintains accurate records of all parts and/or component replacements. Documents all maintenance performed on equipment being maintained/repaired. 13. May assist with writing specifications for the purchase of new equipment, including fire and medical apparatus. 14. Lifts, moves, carries, pushes and pulls objects weighing up to one hundred pounds with assistance, as needed. 15. Works near and around mechanical, hydraulic and electrical hazards; atmosphere may contain dust; environment may be hot/cold, noisy, low visibility, slippery surfaces, dirty/oily/greasy; there may be unfavorable natural ventilation and mobility may be limited. 16. Works independently and with others with minimum supervision. 17. Attends work regularly at the designated time and place. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, including City and departmental safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Working knowledge of engines, drive trains, chassis, cooling, electrical and hydraulic systems. 2. Knowledge of properties and characteristics of metals used for cutting, welding and forming objects. 3. Ability to cut and join metal parts for fabrication and repair of vehicles and 4. Basic knowledge of blueprint reading. 5. Knowledge of occupational hazards and the safety precautions necessary in the maintenance and repair of vehicles. 6. Ability to assess vehicle and equipment problems and make independent decisions on repair or maintenance needs. 7. Ability to complete daily work sheets and keep thorough logs and maintenance records. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to interact with coworkers and supervisors and maintain effective working relationships. 10. Ability to communicate effectively and understand written and oral instructions. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Associate's Degree in car or truck mechanics with minimum two years experience in major repair of vehicles or Technical school graduate with a diploma in automotive mechanics and minimum three years experience as defined or High school graduate/GED with minimum four years experience as defined. 2. Work experience must be verifiable with a dealership, private repair facility, truck stop/service center, construction company, governmental agency/school system or other legitimate business. 3. Required to possess or obtain an Iowa Class A Commercial Drivers' License (CDL) with air brake and tanker endorsements within 6 months of employment. Good driving record based on City of Waterloo driver performance Page 132 of 254 criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. 4. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred pounds with assistance as needed. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors. 3. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, move from one City facility or work site to another and work in cramped spaces or difficult to reach areas. 4. Sufficient manual dexterity and hand/eye coordination for safe operation of manual and powered equipment; ability to grasp/grip a wide range of tools. 5. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights. 6. Adequate hearing to diagnose vehicle problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hardhat, welding shield, hearing protection and gloves. 2. Must wear standard uniform as supplied by City. 3. Must submit to Department of Transportation requirements including pre- employment, post -accident, reasonable suspicion, random and return-to- duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical and drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo will conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 6. Must comply with City of Waterloo Residency Policy for Critical Employees (live within 10-mile radius of Waterloo City Hall). Will be given reasonable compliance period as determined by supervisor. Page 133 of 254 7. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will be assigned to a shift that is one of the following: 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. Monday -Friday with a twenty -minute paid lunch. Required to report for work as needed any time during emergencies that are usually caused by extreme weather conditions. ORAL EXAMINATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. GARAGE MECHANIC DESCRIPTION January 2020 maximum of five points added to their final score. Page 134 of 254 PERSONNEL REQUISITION {Garage Mechanic) The following questions are provided as guidelines to assist you in developing your rational for the position of {Mechanic} in the {Central Garage/Public Works} Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Vehicle/Heavy Duty Mechanic supporting heavy duty equipment (Sanitation, Sewer, Street, Leisure Services, Traffic) along with Police and Fire Departments. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has similar classifications; however, our current ratio of equipment to mechanic is 61 to 1. (3) How is the work of this position being accomplished now? The current workload is more than what the staff is able to keep up with at this time. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position primarily supports the Sanitation, Street, Sewer, Police, Fire, Leisure Services and Traffic Departments, providing equipment and vehicle maintenance to the fleet. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position, while not revenue generating, is critical in providing safe equipment to the departments mentioned above. Also providing public safety to the citizens of Waterloo. (7) If you are paying overtime or comp time within your department, to accomplish this work now, how much overtime or comp time has been paid, out or earned that, is directly attributable to this position and over what period? The department pays overtime only as necessary. The departmental maintenance backlog and routine service would be reduced by replacing this position. (8) How has the workload or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if Page 135 of 254 (9) possible. The workload of this position fluctuates depending on seasonal objectives of the department(s). If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. This position is responsible to perform all preventive and emergency maintenance on heavy-duty equipment including filling in for the Fire mechanic. If not filled, maintenance would need to be outsourced, costing the city nearly double in shop rate labor. Failure to fill this position and outsourcing maintenance will also compromise security and availability for equipment when needed in time of natural disasters such as floods, storm damage, trash pickup and snow removal. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs cannot be completed with the timeliness expected of both the department and the customer. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It is possible; however, the City would incur additional expense in labor rates. Considering the equipment this position supports, the need for background checks and security of sensitive components within the vehicles and equipment is equally important. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Public Safety has been determined to be the most critical operation in the City. As such, availability of serviceable equipment for these departments to operate is equally critical. The contribution of this position is critical to the overall objectives of the departments. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 136 of 254 CITY OF WATERLOO Council Communication Recommendation of appointment of Christopher Bovy from the Civil Service List to the position of Central Garage Mechanic, pending completion of physical and drug testing, effective July 13, 2020. City Council Meeting: 6/29/2020 Prepared: REVIEWERS: Department Reviewer Action Date Public Works Department Greco, Sandie Approved 6/24/2020 - 11:17 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 11:26 AM ATTACHMENTS: Description Type ❑ Job Description Backup Material ❑ Questionnaire Backup Material ❑ Personnel Requisition Form Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Recommendation of appointment of Christopher Bovy from the Civil Service List to the position of Central Garage Mechanic, pending completion of physical and drug testing, effective July 13, 2020. Submitted By: Randy Bennett, Public Works Division Manager Approve Recommendation This position is being filled due to a termination. This position is budgeted and required to support the Central Garage operations. $59,904.00 $28.80 per hour $87,045.19 with benefits General Fund - 010-18-7950-1111 Strategy: 2.2: - Enlist all City department and staff members in efforts to promote a safer community. Page 137 of 254 0.....Submit resume by going to www.cityofwaterlooiowa.com clicking on Job Opportunities, reviewing the Garage Mechanic description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, xxx xx, 2020. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION GARAGE MECHANIC DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CENTRAL GARAGE $27.80 per hour with $1.00 increase after 6 month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Skilled technical position, responsible for the maintenance and repair of up to seventy different types of vehicles owned by the City and operated by City employees. The work is performed under the general direction of the Fleet Maintenance Director, but considerable leeway is granted for independent judgment. or Skilled, highly technical position, responsible for repair and maintenance of over thirty-five fire rescue vehicles including several different makes and models of fire apparatus, ambulances, pickup trucks and passenger vehicles. The work is performed under the general direction of the Fleet Maintenance Supervisor, but considerable leeway is granted for independent judgment. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs routine preventive maintenance on a variety of gasoline and diesel powered equipment. 2. Repairs gasoline and diesel engines, transmissions and drive trains. 3. Troubleshoots, diagnoses and repairs automotive electrical failures. 4. Performs tire replacement/repair, fuel systems diagnosis/repair, brake repair, suspension system repair, cooling system repairs, clutch/transmission replacement/repair, driveline repair and hydraulic systems diagnosis/repair. 5. Repairs radiators, cleans and overhauls carburetors and replaces fuel pumps. 6. Repairs hydraulic pumps and lines. Fabricates hydraulic lines to proper pressure ratings and performs pressure testing of lines. 7. Performs major overhaul on gasoline and diesel engines. 8. Performs layout and fabrication of metal assemblies and weldments. Performs welding/cutting as needed 9. Performs design and creation of jigs to aid in the fabrication of parts. 10. Performs mechanical duties either in shop or on service call, responding to calls for service at remote job sites. Works outside in Page 138 of 254 all weather conditions. equipment. 11. Replaces or repairs major components of fire apparatus high volume centrifugal water pumps. (FIRE ONLY) 12. Maintains accurate records of all parts and/or component replacements. Documents all maintenance performed on equipment being maintained/repaired. 13. May assist with writing specifications for the purchase of new equipment, including fire and medical apparatus. 14. Lifts, moves, carries, pushes and pulls objects weighing up to one hundred pounds with assistance, as needed. 15. Works near and around mechanical, hydraulic and electrical hazards; atmosphere may contain dust; environment may be hot/cold, noisy, low visibility, slippery surfaces, dirty/oily/greasy; there may be unfavorable natural ventilation and mobility may be limited. 16. Works independently and with others with minimum supervision. 17. Attends work regularly at the designated time and place. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, including City and departmental safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Working knowledge of engines, drive trains, chassis, cooling, electrical and hydraulic systems. 2. Knowledge of properties and characteristics of metals used for cutting, welding and forming objects. 3. Ability to cut and join metal parts for fabrication and repair of vehicles and 4. Basic knowledge of blueprint reading. 5. Knowledge of occupational hazards and the safety precautions necessary in the maintenance and repair of vehicles. 6. Ability to assess vehicle and equipment problems and make independent decisions on repair or maintenance needs. 7. Ability to complete daily work sheets and keep thorough logs and maintenance records. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to interact with coworkers and supervisors and maintain effective working relationships. 10. Ability to communicate effectively and understand written and oral instructions. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Associate's Degree in car or truck mechanics with minimum two years experience in major repair of vehicles or Technical school graduate with a diploma in automotive mechanics and minimum three years experience as defined or High school graduate/GED with minimum four years experience as defined. 2. Work experience must be verifiable with a dealership, private repair facility, truck stop/service center, construction company, governmental agency/school system or other legitimate business. 3. Required to possess or obtain an Iowa Class A Commercial Drivers' License (CDL) with air brake and tanker endorsements within 6 months of employment. Good driving record based on City of Waterloo driver performance Page 139 of 254 criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. 4. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred pounds with assistance as needed. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors. 3. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, move from one City facility or work site to another and work in cramped spaces or difficult to reach areas. 4. Sufficient manual dexterity and hand/eye coordination for safe operation of manual and powered equipment; ability to grasp/grip a wide range of tools. 5. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights. 6. Adequate hearing to diagnose vehicle problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hardhat, welding shield, hearing protection and gloves. 2. Must wear standard uniform as supplied by City. 3. Must submit to Department of Transportation requirements including pre- employment, post -accident, reasonable suspicion, random and return-to- duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical and drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo will conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 6. Must comply with City of Waterloo Residency Policy for Critical Employees (live within 10-mile radius of Waterloo City Hall). Will be given reasonable compliance period as determined by supervisor. Page 140 of 254 7. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will be assigned to a shift that is one of the following: 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. Monday -Friday with a twenty -minute paid lunch. Required to report for work as needed any time during emergencies that are usually caused by extreme weather conditions. ORAL EXAMINATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. GARAGE MECHANIC DESCRIPTION January 2020 maximum of five points added to their final score. Page 141 of 254 PERSONNEL REQUISITION {Garage Mechanic) The following questions are provided as guidelines to assist you in developing your rational for the position of {Mechanic} in the {Central Garage/Public Works} Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Vehicle/Heavy Duty Mechanic supporting heavy duty equipment (Sanitation, Sewer, Street, Leisure Services, Traffic) along with Police and Fire Departments. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has similar classifications; however, our current ratio of equipment to mechanic is 61 to 1. (3) How is the work of this position being accomplished now? The current workload is more than what the staff is able to keep up with at this time. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position primarily supports the Sanitation, Street, Sewer, Police, Fire, Leisure Services and Traffic Departments, providing equipment and vehicle maintenance to the fleet. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position, while not revenue generating, is critical in providing safe equipment to the departments mentioned above. Also providing public safety to the citizens of Waterloo. (7) If you are paying overtime or comp time within your department, to accomplish this work now, how much overtime or comp time has been paid, out or earned that, is directly attributable to this position and over what period? The department pays overtime only as necessary. The departmental maintenance backlog and routine service would be reduced by replacing this position. (8) How has the workload or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if Page 142 of 254 (9) possible. The workload of this position fluctuates depending on seasonal objectives of the department(s). If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. This position is responsible to perform all preventive and emergency maintenance on heavy-duty equipment including filling in for the Fire mechanic. If not filled, maintenance would need to be outsourced, costing the city nearly double in shop rate labor. Failure to fill this position and outsourcing maintenance will also compromise security and availability for equipment when needed in time of natural disasters such as floods, storm damage, trash pickup and snow removal. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs cannot be completed with the timeliness expected of both the department and the customer. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It is possible; however, the City would incur additional expense in labor rates. Considering the equipment this position supports, the need for background checks and security of sensitive components within the vehicles and equipment is equally important. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Public Safety has been determined to be the most critical operation in the City. As such, availability of serviceable equipment for these departments to operate is equally critical. The contribution of this position is critical to the overall objectives of the departments. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 143 of 254 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or El To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ****'*******Y. KiCXXXXXXXX*XiCX**********************'Y.**'Y. 'Y. 'Y.'********'Y.*********************************** Position Title: Garage Mechanic Department: Central Garage Reports To: Fleet Maintenance Director Work Location: Public Works Employment Status: ® Regular Full Time n Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month n Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑ No n Internal Posting Only Bargaining Position: ® Yes 111 No ® Internal Posting and External Advertising Bargaining Group: 177 Non -bargaining Position: ❑ Yes ® No Complete the following if the n New Position or Anticipated start date: requisition is to fill a vacancy: Replacement Position for: Dan Heine and Blake Schmit (Garage Mechanic) (Specify name and title of former incumbent) Date incumbent terminated employment: 01-13-00 Date of final payout: 01-20-00 ASAP No. of hours/week: 40 Work schedule: 0700-1500 - Mon -Fri Justification of need for position: This position is a replace two vacant positions. What are the likely consequences if the position is not filled? Critical position in the maintenance of equipment. Annual salary requirements: APPROVALS $59,904.00 Hourly Rate: 28.80 Benefits: $87,045.19 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approve ubject to the following conditions: ( SubmittDepartment Head Date Chief Financial Officer Date Human Resources Committee Chairperson Date Mayor Date City Clerk/Human Resources Director Date Created 8/7/2014 Page 144 of 254 CITY OF WATERLOO Council Communication Motion to approve the following Cigarette/Tobacco/Nicotine/Vapor licenses, expiring June 30, 2021: City Council Meeting: 6/29/2020 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Felchle, Kelley Approved SUBJECT: Date 6/24/2020 - 12:50 PM Motion to approve the following Cigarette/Tobacco/Nicotine/Vapor licenses, expiring June 30, 2021: - The Snack Shack #1, 4335 Texas St. - The Snack Shack #2, 189 W. llth St. - Guddi Mart, Inc., 306 Byron Ave. - BJ's Sports Bar and Billiards, 110 Ida St. - Prime Mart 1, 3535 Marigold Dr. - BP Fuel, 127 Jefferson St. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 145 of 254 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 6/29/2020 Prepared: REVIEWERS: Department Reviewer Action Engineering Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Bonds for council approval 6.29.2020 Backup Material SUBJECT: Bonds. Date 6/24/2020 - 10:57 AM Page 146 of 254 BONDS FOR COUNCIL APPROVAL June 29, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900383696 CEDAR VALLEY RENOVATIONS LLC CEDAR FALLS, IA IA5112742 DIRTWORKS CONSTRUCTION LLC CEDAR FALLS, IA 75573882 JOHN GREENLEY JANESVILLE, IA IA5264143 TONY BARKER DBA TONY BARKER CONSTRUCTION WATERLOO, IA 65087430 TRAVIS MOEN DBA MOEN CONCRETE JANESVILLE, IA Page 147 of 254 CITY OF WATERLOO Council Communication Taxable Sewer Revenue Capital Loan Notes - The issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020 (State of Iowa Revolving Fund Loan). City Council Meeting: 6/29/2020 Prepared: 6/23/2020 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/24/2020 - 11:50 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 12:07 PM ATTACHMENTS: Description Type Council Comm SRF Loan Hearing Dry Run CIPP 3 B Backup Material C Biosolids Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action for the issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer This loan provides permanent financing for a number of projects, including additional CIP Pipe Lining Phases IIIB, IIIC and IVA, the Dry Run Creek Recommended Action: Sewer Interceptor and the Biosolids Improvements project. The cost of financing, including fees, will be 2% and the term will vary from 15 to 20 years. Please note that the hearing amount is being set higher than the actual amount Summary Statement: expected to be issued at this time to provide flexibility for construction needs and to reduce future administrative costs. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from sewer user fees. Policy Issue: The issuance of Capital Loan Notes commits the City to future repayment. Alternative: The City could choose not to sell the Capital Loan Notes. However, the expenses to be funded with these notes have already been incurred. Not issuing the notes would create financial stress on the Sewer Fund. The State of Iowa Sewer Revolving Loan fund requires that funds be spent prior to finalizing the loan. Page 148 of 254 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 CHRIS SHIMP Ward 5 SHARON NON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 22, 2020 Prepared: June 15, 2020 Dept. Head Signature: Michelle Weidner Number of Attachments: None SUBJECT: Sewer Revolving Fund Loan Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Resolution setting date of public hearing as June 29, 2020 on the proposal to authorize a loan and disbursement agreement and the issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes and instruct City Clerk to publish said notice. Summary Statement: Resolution setting date of public hearing as June 29, 2020 on the proposal to authorize a loan and disbursement agreement and the issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes and instruct City Clerk to publish said notice. Please note that the hearing amount indicated is being set higher than the actual amount we plan to borrow. These loans are done on a reimbursement basis. Periodic loan draws will be made after qualifying project expenses are paid. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from the Sewer fund, using sewer fees. Policy Issue: The issuance of capital loan notes commits the city to future repayment. Alternative: The City could choose not to sell the Capital Loan Notes. However, some of the contracts for the expenses to be funded with these notes have already been awarded. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loans. Background: The City will use this loan to provide permanent financing for several projects, including, the construction of the Dry Run Creek Interceptor Sewer, the Treatment Plant Biosolids Modifications project and additional phases of the Cured in Place Pipe Lining Project Phases III and IV A. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 149 of 254 CITY OF WATERLOO Council Communication FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements Project, Contract No. 987. City Council Meeting: 6/29/2020 Prepared: 6/23/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 6/23/2020 - 2:27 PM Clerk Office Even, LeAnn Approved 6/24/2020 - 9:59 AM ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted by: Submitted By: Matt Schindel, Associate Engineer Page 150 of 254 FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements Project, Contract No. 987 June 24, 2020 Bid Tab Estimate: $1,573,575 Bidder Bid Security Bid Amount Dave Schmitt Construction Co., Inc. Cedar Rapids, IA 5% DIV 1 $1,304,311.00 DIV 2 $1,077 672.80 Total $2,381,983.80 Boomerang Corp., Anamosa, IA 5% DIV 1 $1,414,745.00 DIV 2 $ 823,075.00 Total $2,237,820.00 Pirc Tobin Construction, Inc. Alburnett, IA 5% DIV 1 $1,263,005.00 DIV 2 $ 663,429.50 Total $1,926,434.50 S.M. Hentges and Sons, Inc. Jordan, MN 5% DIV 1 $1,581,954.00 DIV 2 $ 936,111.00 Total $2,549,565.00 Page 151 of 254 CITY OF WATERLOO Council Communication FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027. City Council Meeting: 6/29/2020 Prepared: 6/23/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 6/23/2020 - 2:27 PM Clerk Office Even, LeAnn Approved 6/24/2020 - 10:00 AM ATTACHMENTS: Description Type ❑ Engineering Bid Tabulation Backup Material ❑ Bid Tabulation Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Page 152 of 254 FY 2021 LEVEE RIP RAP SPRAYING CONTRACT NO. 1027 BID OPENING: JUNE 25, 2020 BID ITEM ITEM DESCRIPTION UNIT EST. QTY. ENGRS. EST UNIT PRICE ENGRS. UNIT PRICE EXT. LANDMARK UNIT PRICE LANDMARK UNIT PRICE EXT. 1 CEDAR RIVER - 2300 FEET WEST OF CEDAR BEND PARK TO CEDAR BEND PARK LS 1.0 $ 1,030.00 $ 1,030.00 $ 936.00 $ 936.00 2 CEDAR RIVER - CONGER ST. TO 78 FEET SOUTH OF CN RAILROAD BRIDGE LS 1.0 $ 535.00 $ 535.00 $ 486.00 $ 486.00 3 CEDAR RIVER - BOATHOUSE PARKING LOT TO VIRDEN CREEK OUTLET LS 1.0 $ 850.00 $ 850.00 $ 770.00 $ 770.00 4 CEDAR RIVER - 150 FEET NORTH OF E. MULLAN AVE. TO E. 1ST ST. LS 1.0 $ 315.00 $ 315.00 $ 280.00 $ 280.00 5 CEDAR RIVER - IA NORTHERN RAILROAD BRIDGE TO EAST CITY LIMITS LS 1.0 $ 14,500.00 $ 14,500.00 $ 10,840.00 $ 10,840.00 6 FORESTER AVE DETENTION BASIN LS 1.0 $ 1,085.00 $ 1,085.00 $ 987.00 $ 987.00 7 CEDAR RIVER - 3200 FEET WEST OF CONGER ST TO 100 FEET SOUTH OF W. 1ST ST. LS 1.0 $ 9,850.00 $ 9,850.00 $ 7,382.00 $ 7,382.00 8 BLACK HAWK CREEK - HWY 218 TO RIVER ROAD (WEST SIDE) LS 1.0 $ 8,140.00 $ 8,140.00 $ 2,852.00 $ 2,852.00 9 BLACK HAWK CREEK - HWY 218 TO RIVER ROAD (EAST SIDE) LS 1.0 $ 7,300.00 $ 7,300.00 $ 9,183.00 $ 9,183.00 10 CEDAR RIVER - IA NORTHERN RAILROAD BRIDGE TO HAWTHORNE AVE. LS 1.0 $ 5,450.00 $ 5,450.00 $ 4,186.00 $ 4,186.00 11 TREATMENT PLANT RING LEVEE LS 1.0 $ 3,750.00 $ 3,750.00 $ 3,862.00 $ 3,862.00 12 NO NAME CREEK - WCF & N DR. & BROADWAY ST. OUTFALLS LS 1.0 $ 500.00 $ 500.00 $ 500.00 $ 500.00 13 VIRDEN CREEK - VIRDEN CREEK DAM LS 1.0 $ 2,600.00 $ 2,600.00 $ 3,610.00 $ 3,610.00 $ 55,905.00 $ 45,874.00 Page 153 of 254 FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027 Bid Tab June 26, 2020 Engineer's Estimate: $ 55,905.00 Bidder Bid Security Bid Amount Landmark Turf Services, LLC, Dunkerton, Iowa 5% Check $ 45,874.00 Page 154 of 254 FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027 Bid Tab June 26, 2020 Engineer's Estimate: $ 55,905.00 Bidder Bid Security Bid Amount Landmark Turf Services, LLC, Dunkerton, Iowa 5% Check $ 45,874.00 Page 155 of 254 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to the Professional Service Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, in the amount not to exceed $292,000 for the FY 2021 Northwest Interceptor Sewer Extension, Contract No. 1031, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Engineering Clerk Office Reviewer Knutson, Jamie Even, LeAnn ATTACHMENTS: Description ❑ Cont 1031_SuppAgrmntNol SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Date 6/24/2020 - 10:44 AM 6/24/2020 - 11:43 AM Resolution approving Supplemental Agreement No. 1 to the Professional Service Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, in the amount not to exceed $292,000 for the FY 2021 Northwest Interceptor Sewer Extension, Contract No. 1031, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer geotechnical services and preliminary and final design $292,000 sewer bonds Page 156 of 254 Supplemental Agreement No.1 to the Northwest Interceptor Sewer Project Professional Service Agreement between the City of Waterloo, Iowa and Wayne Claassen Engineering and Surveying, Inc. PROJECT: Northwest Interceptor Sewer TO: Wayne Claassen Engineering and Surveying, Inc. (CES) FROM: City of Waterloo, Iowa You are hereby ordered to make the following changes to the existing Agreement for Professional Services for the Northwest Interceptor Sewer project, dated 08/08/2016. 1. Add the following to said existing Agreement: Part III. TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES 1.1 Basic Services - The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: 1.1.1 Project Scope — The scope of the Project has been revised to include new sanitary sewage pumping stations and force mains to replace the existing pumping stations at N. Hackett Road and at the National Cattle Congress (NCC) and to construct a gravity sanitary sewer connecting these new force mains to a new gravity interceptor sewer from the westerly area of the NCC, through the NCC grounds to Westfield Ave. and then along Westfield Ave. to Duryea St. to Falls Ave. to the existing 36" sanitary sewer undercrossing Black Hawk Creek. The project includes the complete reconstruction of Westfield Ave. from Ansborough Ave. to the west side of Black Hawk Creek, and reconstruction of Duryea St. and Falls Ave. from Duryea to Black Hawk Road, Task 11. Geotechnical Services. This task includes geotechnical soil borings and analysis along Westfield Ave. from Fletcher Ave. to Duryea St. and along Duryea St, from Westfield Ave. to Falls Ave. Along with soil borings and analysis for two railroad crossings near the Ansborough Ave. and Westfield Ave. intersection and a soil boring at the N. Hackett pumping station site. This task will be completed by Terracon Consultants under a Subcontract with CES. This task does not include geotechnical services for the proposed force mains or the railroad crossing at Rainbow Dr. near Northland Oil. Task 12. Surveying, This task includes surveying the aforementioned areas of Westfield southeasterly of Fletcher Ave. and Duryea St., along with the proposed force main routes as necessary to design and prepare construction plans and specifications for this work. Surveying of other areas of the project were completed under previous engineering services agreements. Page 1 of 2 Page 157 of 254 Task 13. Preliminary and Final Design. This task includes designing and preparation of construction plans, specifications and cost estimates for the aforementioned gravity sewer from and Westfield Ave., and Duryea St. street reconstruction. This task does not include designing the proposed new pumping stations or force mains, as these project elements will be completed as future phases.. Task 14. Permit and State Revolving Fund (SRF) Funding. This task includes preparation of Iowa DNR, Iowa DOT and Railroad construction permit applications and SRF items related to this project. Task 15. Meetings. Attend progress and other meetings with City Staff to review the project. 2. Settlement for cost of work to be made as follows: Task 11. Terracon's proposals for this task are attached and will increase the Basic Services Amount by a not to exceed amount of $60,900. Tasks 12.-15. A manpower and cost estimate summary for these tasks is attached, the total of which, increases the Basic Services Amount by $231,100. The Professional Services Agreement is increased by $292,000 by this Supplemental Agreement 1 to a total of $407,000. 3. All other sections of said existing Agreement remain unchanged. CITY OF WATERLOO APPROVED: BY: Quentin Hart, Mayor of Waterloo ATTEST BY: Kelley Felchle, City Clerk Date WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. BY: William ATT ST BY: vid L. Sche aassen, President C5/3( 20 zt1 ate Page 2 of 2 Page 158 of 254 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. 2705 University Avenue P.O. Box 898 Waterloo, Iowa 50704 Fax 319/235-0028 319/235-6294 Northwest Interceptor , Waterloo, Iowa Task and Manpower Summary Supplemental No 1, 3/31/2020 Engineer I, Engineer II, Land Surveyor, Survey Crew CADD, hours Total, hours TASK hours hours hours Member, hours 11. Geotecnnical 20 8 0 4 8 40 12. Surveying 20 0 70 450 60 600 13. Preliminary and Final Design 300 450 80 300 1130 14. Permits and State Revolving Fund 80 40 0 0 40 160 (SRF) Funding 15. Meetings 0 0 0 0 0 0 Subtotal 420 498 150 454 408 1930 Hourly Billing Rate $134.00 $104.00 $104.00 $90.00 $98.00 Subtotal $56,280.00 $51,792.00 $15,600.00 $40,860.00 $39,984.00 $204,516.00 Reimbursables- Geotechnical $60,900.00 Contingency $26,584.00 Total Not to Exceed Amount $292,000.00 Page 159 of 254 August 7, 2017 Wayne Claassen Engineering & Surveying, Inc 2705 University Avenue PO Box 898 Waterloo, Iowa 50701 Attn: Mr. Bill Claassen, P.E. P: (319) 235-6294 E: claassen@wcesinc.com Re: Proposal for Geotechnical Engineering Services North Hackett Lift Station North Hackett Road Waterloo, Iowa Terracon Proposal No. P13175103 Dear Mr. Claassen: IF rrac Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to Claassen Engineering & Surveying to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Our estimated fee to perform the scope of services described in this proposal is $2,950. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a 'pdf' file of the attached Agreement for Services to Jason.Heinz@terracon.com or by mailing the signed agreement to our office. Sincerely, Terracon Consultants, Inc. Ad16"(--7 Rick Lockhart Office Manager Jason P. Heinz Geotechnical Services Manager Terracon Consultants, Inc. 3105 Capital Way, Ste. 5 Cedar Falls, Iowa 50613 P (319) 277 4016 F (319) 277 4320 terracon•.com 1Frrc Reference Number: P13175103 AGREEMENT FOR SERVICES This AGREEMENT is between CES-Wayne Claassen Engineering & Surveying Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the North Hackett Lift Station project ("Project"), as described in the Project Information section of Consultants Proposal dated 08/07/2017 ("Proposal") unless the Project Is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). I. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services Include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2 Acceptance! Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting Its Services and fee. 4 Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated In Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule, Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may Invoice Client at least monthly and payment Is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shalt pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply, If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and Is not Intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6 LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE I5 PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7, Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale, EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000): (ID Page 1 of 2 Rev. 10-16 Page 161 of 254 lierr n Reference Number: P13175103 commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (Hi) automobile liability insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue Its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration Is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even If delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise In the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised Information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client Is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take tile to any Affected Materiels. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultants performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Flies shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant, 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, Including Client, Client's contractors, subcontractors, or other parties present at the site. Consultant: By: Name/Title: Address: Terracon Consultant` , Inc. Date: 8/7/2017 ason P. Heinz / Departjriient Manager Geotechnical Services 3105 Capital Way Ste 5 Cedar Falls, IA 50613-7030 Phone: (319) 277-4016 Fax: (319) 277-4320 Email: Jason.Heinz@terracon.com Client: By: Name/Title: Bill Claassen 1 CES-Wayne Claassen Engineering & Surveying Inc. Date: Address: 2705 University Ave PO Box 898 Waterloo, IA 50704 Phone: (319) 235-6294 Fax: Email: claassenewcesinc.com Page 2 of 2 Rev, 10-16 Page 162 of 254 Proposal for Geotechnical Engineering Services North Hackett Lift Station m Waterloo, Iowa August 7, 2017 in Terracon Proposal No. P13175103 EXHIBIT A - PROJECT UNDERSTANDING lierracon Our scope of services is based on our understanding of the project as described by [Abstract] and the expected site and subsurface conditions as described in the following tables. Aspects of the project that are undefined or assumed, are highlighted in yellow.: We request the design team verify this information so we can adjust our scope of services if necessary, and incorporate the information in our geotechnical engineering evaluation and report for this project. Site Location and Anticipated Conditions em escription Parcel Information The project site is located at North Hackett Road in Waterloo, Iowa. Existing Improvements A lift station and gravel drive are present at the site Current Ground Cover Various vegetation and gravel Existing Topography Relatively flat in the area of the existing lift station Expected Subsurface Conditions Based on our experience in the vicinity of the existing lift station, we anticipate that existing fill is present over clay alluvium over glacial soils. Planned Construction Item Description Information Provided Information was provided by Mr. Bill Claassen on August 3, 2017 via phone conversation Project Description A new lift station is planned to be constructed east of N. Hackett Road and south of an unnamed creek, to replace the existing lift station. Proposed Construction The general construction, location, size, and depth of the lift station has not been determined' Responsive zu Resourceful ii Reliable EXHIBIT A - PROJECT UNDERSTANDING 1 of 1 Page 163 of 254 Proposal for Geotechnical Engineering Services North Hackett Lift Station ® Waterloo, Iowa August 7, 2017 E Terracon Proposal No. P13175103 EXHIBIT B - SCOPE OF SERVICES lierracon Our proposed scope of services includes field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Claassen Engineering & Surveying, Inc. requested the following boring scope of services: Number of Borings Planned Boring Depth. (feet Planned Location Lift Station 1 50 or practical auger/bit refusal Below the existing ground surface Boring Layout and Elevations: Claassen Engineering & Surveying personnel will stake the boring location and provide the ground surface elevation to Terracon. Subsurface Exploration Procedures: We will advance the boring with a rotary drill rig using continuous flight augers and mud -rotary drilling methods. Sampling will be performed using a split barrel sampler or thin -walled tubes at intervals of 2.5 feet in the upper 20 feet and at intervals of 5 feet thereafter. In the thin walled tube sampling procedure, a thin -walled, seamless steel tube with a sharp cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed sample. In the split -barrel sampling procedure, a standard 2-inch outer diameter split -barrel sampling spoon is driven into the ground by a 140-pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT values, also referred to as N-values, are indicated on the boring logs at the test interval depths. The boring will terminate at practical auger refusal, if encountered. We observe and record groundwater levels during and after drilling and sampling. In some instances, groundwater observations may not be made because drilling fluid or water are used for drilling and/or rock coring, which makes groundwater level observations during and after drilling potentially unrepresentative. Terracon's exploration team prepares a field boring log as part of standard drilling operations. The field log includes sampling interval depths, penetration resistances, and other relevant drilling and sampling information. Our field log also includes visual descriptions of materials encountered during drilling and the drill crew's interpretation of subsurface conditions between samples. The samples are placed in appropriate containers and transported to our laboratory for further testing and classification. Responsive n Resourceful ig Reliable EXHIBIT B - SCOPE OF SERVICES 1 of 5 Page 164 of 254 Proposal for Geotechnical Engineering Services North Hackett Lift Station id Waterloo, Iowa August 7, 2017 El Terracon Proposal No. P13175103 lierracon Our engineering staff and the drill crew communicate during the exploration. If the soil conditions encountered appear to be unfavorable or marginal, we may modify our subsurface exploration while we are on site. If additional fees apply, we contact the client for authorization, prior to performing any additional services. Site Access and Property Disturbance: We considered that the site and boring location can be accessed using our drilling equipment. Terracon personnel will take reasonable measures to limit the amount of damage to the property. However, some damage to pavements, rutting of the ground surface, and/or damage to landscape could occur. Therefore, it is important that Terracon be granted access to the site (or legal right of entry) by the property owner. Please notify Terracon if arrangements have not been made for subsurface exploration on the property. Please also note that our scope of services does not include clearing or grubbing, wet ground conditions, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our scope of services. We backfill our boreholes with auger cuttings and/or bentonite chips after completion. Our services do not include repair of the site beyond backfilling our boreholes. Excess auger cuttings are dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes be checked periodically, and backfilled if necessary. We can provide this service, or grout the borehole for an additional fee, at your request. Laboratory Testing The project engineer reviews field data and assigns laboratory tests to better understand the engineering properties of various soil and rock strata. The actual types and number of tests cannot be defined until completion of field work. Procedural standards noted below are for reference to methodology in general. In some cases, local practices and professional judgement require method variations. Standards noted below include reference to other related standards. Such references are not necessarily applicable to describe the specific test performed. • ASTM D2216 Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils • ASTM D422 Standard Test Method for Particle -Size Analysis of Soils ▪ ASTM D2166/D2166M Standard Test Method for Unconfined Compressive Strength of Cohesive Soil ASTM D2974 Standard Test Methods for Moisture, Ash, and Organic Matter of Peat and other Organic Soils Responsive di Resourceful Reliable EXHIBIT B - SCOPE OF SERVICES 2 of 5 Page 165 of 254 Proposal for Geotechnical Engineering Services North Hackett lift Station o Waterloo, Iowa August 7, 2017 12 Terracon Proposal No. P13175103 lierracon Our laboratory testing program includes observation of recovered soil samples by an engineer and/or a geologist. Based on the texture and plasticity of the soil, we describe and classify samples in general accordance with the Unified Soil Classification System (USCS). Recovered bedrock samples are visually and tactilely classified using locally accepted practices for engineering purposes. Petrographic analysis (if performed) may reveal other rock types. Rock core samples typically provide an improved specimen for this classification. Samples recovered during the subsurface exploration would be retained in our office for a period of 60 days after submittal of our geotechnical engineering report in the event that additional testing is requested. Safety Terracon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with our field exploration program. Thus, the estimated fee includes our exploration team using standard Personal Protection Equipment (PPE) for geotechnical drilling including hard hats, safety glasses, hearing protection, high visibility vests, and steel -toed boots. Our scope of services does not include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling and/or sampling will be noted on our Togs and discussed in our report. Terracon notifies Iowa One Call to request location and marking of public utilities at least 48 hours prior to performing borings/excavations. We consult with the owner/client regarding potential private utilities, or other underground hazards. Based on the results of this consultation, we consider the need for alternative subsurface exploration methods, as the safety of our exploration team members is a priority. Private utilities should be marked by the owner/client prior to commencement of subsurface exploration. Terracon will not be responsible for damage to utilities that are incorrectly marked or not made aware to us. If the owner/client is not able to accurately locate private utilities, Terracon can assist the owner/client by coordinating or subcontracting with a private utility locating service. Fees associated with location and marking of private utilities are considered additional services and are not included in our current scope of services. The estimated fee for the location and marking of private utilities will be forwarded to our client for approval. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non -electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. Responsive n Resourceful a Reliable EXHIBIT B - SCOPE OF SERVICES 3 of 5 Page 166 of 254 Proposal for Geotechnical Engineering Services North Hackett Lift Station e Waterloo, Iowa August 7, 2017 ti Terracon Proposal No. P13175103 Engineering and Project Delivery lFerraron Results of our field and laboratory programs are evaluated by a professional engineer. The engineer develops a geotechnical site characterization, performs the engineering calculations necessary to evaluate foundation alternatives, and develops appropriate geotechnical engineering design criteria for earth -related portions of the project. Your project will be delivered using our GeoReporf system. Upon initiation, we will provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to all project documents as they are uploaded to the site, and a collaboration portal. A typical delivery process includes three basic stages: is Stage 1: Stage 2: El Stage 3: Project Planning Site Characterization Geotechnical Engineering When utilized, a collaboration portal documents communication, eliminating the need for long email threads. This collaborative effort allows prompt evaluation and discussion of options related to the design and associated benefits and risks of each option. With the ability to inform all parties as the work progresses, decisions and consensus can be reached faster. In some cases, only minimal uploads and collaboration will be required, because options for design and construction are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies found at the site. When our geotechnical engineering report is complete, we will upload a printable version of our report, including the professional engineer's seal and signature, which documents our services. Previous submittals, collaboration, and final report will be maintained in our system, which allows future reference and integration into subsequent aspects of our services, as the project goes through final design and construction. Our geotechnical engineering report will include and/or address the following: ▪ General site and project description • Site and Boring Location diagrams • Stratified boring log with field and laboratory data • Subsurface exploration procedures • Descriptions of soil and groundwater conditions observed Responsive um Resourceful i Reliable EXHIBIT B - SCOPE OF SERVICES 4 of 5 Page 167 of 254 Proposal for Geotechnical Engineering Services North Hackett Lift Station RI Waterloo, Iowa August 7, 2017 im Terracon Proposal No. P13175103 lierracon si Geotechnical design recommendations for a spread footing/mat foundation including: • Minimum widths and embedment for frost protection • Bearing depths • Net allowable bearing pressure • Subgrade response modulus for mats • Estimated total and differential settlement ▪ Parameters for lateral and uplift resistances ® Estimated settlement of foundations ® General foundation construction considerations • Estimated seismic site class based on the data obtained ET Earthwork recommendations for floor slabs (if applicable) including: ® Stripping depths • Subgrade evaluations • Anticipated undercut depths, where applicable 6 Suitable on -site and imported fill material types ® Fill placement and compaction requirements • General grading and drainage recommendations s General earthwork considerations NI Lateral earth pressure recommendations ig Subsurface drainage recommendations, where applicable E Frost considerations Please note that in order for us to provide specific geotechnical engineering recommendations for the final project design, we will require the following information: Ei Site and grading plans ili Building finished floor elevation (if applicable) ® Structure foundation Toads ii Allowable foundation settlement (we will assume a 1-inch total otherwise) Responsive a Resourceful i Reliable EXHIBIT B - SCOPE OF SERVICES 5 of 5 Page 168 of 254 Proposal for Geotechnical Engineering Services North Hackett Lift Station in Waterloo, Iowa August 7, 2017 ei Terracon Proposal No. P13175103 lrerracon EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site and project as summarized in Exhibit A, and our planned scope of services in Exhibit B, we propose a lump sum fee of $2,950. Unless instructed otherwise, we will submit our invoice upon completion of our geotechnical engineering report to the address shown at the beginning of this proposal. If conditions are encountered that require revisions to our scope of services and/or result in higher fees, we will contact you for approval, prior to initiating any additional services. A supplemental proposal stating the modified scope of services, as well as its effect on our fee, will be prepared. We will not perform additional services without your authorization. Project Schedule We developed a schedule to complete the scope of services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event our proposed project schedule is inconsistent with your needs, please contact us so we may consider alternatives to meet your schedule. GeoReport Stage, Project Planning Postin.� Date from Notice to Procee 5 days Site Characterization 15 days Geotechnical Engineering 25 days 1. Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport website with specific, anticipated calendar dates for the three delivery points noted above as well as other pertinent events such as field exploration crews on -site, etc. 2. We will maintain a current calendar of activities within our GeoReport website. In the event of a need to modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery. Responsive i Resourceful si Reliable EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE 1 of 1 Page 169 of 254 December 23, 2019 Wayne Claassen Engineering & Surveying, Inc. PO Box 898 2705 University Avenue Waterloo, Iowa 50701 Attn: Mr. Bill Claassen, P.E. - President P: (319) 235 6294 E: caassen@wcesinc.com Re: Proposal for Geotechnical Engineering Services NW Interceptor Sewer Westfield Avenue Waterloo, Iowa Terracon Proposal No. P13195135 Dear Mr. Claassen: rr Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to Wayne Claassen Engineering & Surveying, Inc. (WCES) to provide Geotechnical Engineering services for the above referenced project. Terracon has performed a number of projects in the vicinity of the project site and is familiar with the subsurface conditions. Terracon has also performed numerous utility crossings of railroad right-of-way and is familiar with the railroad's expectations for submittals to obtain written approval to perform the construction. The enclosed Agreement for Services and the following exhibits to the Agreement for Services comprise our proposal. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location Exhibit E Anticipated Exploration Plan Terraoon Consultants, Inc, 3105 Capital Way, Ste. 5 Cedar Falls, Iowa 50613 P (319) 277 4016 F (319) 277 4320 terracon.corn Environmental Geotechnical oriels Proposal for Geotechnical Engineering Services NW Interceptor Sewer rr Waterloo, Iowa 2705 University Avenue Terracon Proposal No. P13195135 i.rc:rraccn Our estimated unit price fee to perform the scope of services described in this proposal is $15,BO0 to $20,650 for the sanitary sewer and road reconstruction scope of services, and $31,000 to $37,300 for the rail crossings scope of services. Please refer to Exhibit C for details of our fees. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a'pdf' file of the Agreement for Services to jason.heinz@terracon.com. We look forward to working with you on this project. Sincerely, Terracon Consultants, Inc. Gregory M. Decker, E.I. Staff Engineer Jason P. Heinz, P.E. Department Manager Geotechnical Services Responsive i Resourceful kff Reliable Page 171 of 254 lierrac n Reference Number: P13195135 AGREEMENT FOR SERVICES This AGREEMENT is between Wayne Claassen Engineering & Surveying, Inc. ("Client") and Terrecon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the NW Interceptor Sewer project ("Project"), as described in Consultant's Proposal dated 12/23/2019 ("Proposal"), Including but not limited to the Project Information section, unless the Project is otherwise described In Exhibit A to this Agreement (which section or Exhibit Is incorporated into this Agreement), 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted, Consultant's Services do not Include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant. safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs Incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance, if Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant Is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not Include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment Is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the Invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay ail collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. if it is later determined that prevailing wages apply, and Consultant was not previously notified. by Client, Client agrees to pay the prevailing wage from that paint forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, Including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for Third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $100,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABIILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE I5 PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY, 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. in the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to Its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this Indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions In the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. S. Insurance. Consultant represents that It now carries, and will continue to carry: (i) workers' compensation Insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (11) Page 1 of 2 Rev. 5-19 Page 172 of 254 erracon- Reference Number: P13195135 commercial general liability Insurance ($1,000,000 occ / $2,000,000 agg); Oil) automobile liability insurance ($1,000,000 B.I. and P,D, combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of Insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Client and Owner are additional Insured with respect to general and auto liability. 10. CONSEQUENTIAL. DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue Its remedies at law. This Agreement shall be governed by and construed according to Iowa law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations Is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site, Site restoration is not provided unless specifically included In the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures Indicate' conditions only at the depths, locations, and limes the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and Inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or Injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contraotor's work or their adherence to the project documents, and Consultant's performanoe of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered In Its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or Its subcontractors and Is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise In the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the Identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall Immediately transmit new, updated, or revised Information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies, The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materiats conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant, Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17, Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, Including Client, Client's contractors, subcontractors, or other parties present at the site. Consultant: T Wayne Claassen Engineering & Surveying, on Consuitads, Inc Client: Inc. By: .rc;/ Date: . 12/23/2019 By: Date; Name/Title: Richard 1 Address: 3105 Capital Way, Ste 5 khart 1 Office Manager II Cedar Palls, IA 50613.7030 Name/Title: DM Claassen 1 Address: 2705 University Ave PO Box 898 . . Waterloo, IA 50704.0898 Phone: (319) 277-4016 Fax; (319) 277-4320... Phone: (319) 239.6294 . Fax: Email: Rick.Lockhart@terracon.com Email: ciaassen(wceslnc.com Page 2 of 2 Rev. 5-19 Page 173 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer ® Waterloo, Iowa December 23, 2019 Ea Terracon Proposal No, P13195135 EXHIBIT A - PROJECT UNDERSTANDING Our scope of services is based on our understanding of the project and our correspondence with WCES, and the information in the following tables. Aspects of the project that are undefined or assumed are highlighted. We request that WCES verify or provide this information so we can adjust our scope of services if necessary, and incorporate the information in our geotechnical engineering evaluations and reports for this project. Site Description and Anticipated Conditions 4 item n " : ' ... ©escription Site Locations A new interceptor sewer is planned along Westfield Avenue from Ansborough Avenue to Duryea Street, and then along Duryea Street from Westfield Avenue to Falls Avenue, in Waterloo, Iowa. Existing Improvements City streets, U.S. Highway 218, rail spurs, and underground and overhead utilities. Current Ground Cover Grass, Portland cement concrete pavements, existing fill, and trackage Existing Topography Grades gently slope from the northwest to the southeast. Expected Subsurface Conditions Based on our experience in the vicinity of the project, we anticipate that alluvial sand with varying fractions of fines is present below the existing fill. Relatively shallow bedrock is expected along the proposed sewer alignment. Planned Construction Project Description escripnon About 8,000 feet of 36-inch diameter sanitary sewer is planned along Westfield Avenue and Duryea Street. Construction of the sanitary sewer is planned to cross the existing alignments of Ansborough Avenue and two rail spurs. The sewer will also cross the US Highway 218 alignment, between existing bridge substructures and piers. Reconstruction of Westfield Avenue and Duryea Street is planned following completion of sanitary sewer construction. Responsive i Resourceful t Reliable EXHIBIT A - PROJECT UNDERSTANDING 1 of 2 Page 174 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer e Waterloo, Iowa December 23, 2019 n Terracon Proposal No. P13195135 1FErr:;c.:n TT "Item ' a -- --� Description" `! Utility Construction Canadian National Railroad (CN) requires that utility crossings greater than 10 inches in diameter be performed using dry trenchless construction techniques, which require jacking/launching and receiving pits be designed and constructed. The areas for the pit_s`arld the14g6iments of fhe sewer crossings war`not provided at the time of th1proposal-) Maximum Site Grading Grade changes are not anticipated. Maximum Excavation Depths El Rail Crossings: ,15to 20-foot pits n Sanitary Sewer: 1Qto 15 feet for cut and cover Pavements New Portland cement concrete pavements will be constructed after utility installation. Traffic,: nformafron ,was not.;provided at tie time, of°th s proposal.; -. . __ .. - Responsive o Resourceful n Reliable EXHIBIT A - PROJECT UNDERSTANDING 2 of 2 Page 175 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer D Waterloo, Iowa December 23, 2019 e Terracon Proposal No. P13195135 EXHIBIT B - SCOPE OF SERVICES 1 err c uyn Terracon's proposed scope of services is described in the following sections and includes field, laboratory testing, and geotechnical engineering services. Two geotechnical engineering reports will be prepared for the project. One report will be prepared for the railroad right-of-way crossings and one report will be prepared for the sanitary sewer and road reconstruction. The purpose of our services for the railroad crossings will be to characterize the subsurface conditions based on the borings performed in the pit areas and provide the information in a geotechnical engineering report to be included in the initial notification submittal to CN. Our scope of services considers that the launching and receiving pits, and hence the borings, will be located outside of the CN railroad `zone of influence' and right-of-way, and shoring designs will not be required in the 'initial notification of intent to construct a utility crossing/encroachment' submittal to CN. Our geotechnical engineering report will be referenced by contractors bidding on the project to select their method of installation, and to develop their pit/excavation and dewatering designs and construction monitoring program. The project's bid documents will need to include a detailed performance specification for the contractor(s). The purpose of our services for the pavements and underground utilities will be to characterize the subsurface conditions based on the borings performed and provide pavement thickness designs for Westfield Avenue and Duryea Street. General earthwork recommendations and general construction considerations for earthwork and utility excavations will also be provided. Terracon's earthwork recommendations and construction considerations will be used by WCES to develop project bid documents and specifications for the project. Field Services Boring Locations and Elevations: Terracon will provide a proposed boring plan to WCES and the City of Waterloo for consideration after authorization to proceed is received and further communications regarding existing and proposed construction. We recommend WCES stake the boring locations and provide surface elevations and latitudes and longitudes of the boring locations to Terracon. Terracon will use a handheld GPS unit in the field to determine the latitude and longitude of the boring locations. Our GPS equipment has a minimum horizontal accuracy of about 20 feet. The locations and elevations of the borings should be considered accurate only to the degree implied by the methods used to define them. Safety and Underground Utility Locations: Terracon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with our field services. Thus, the estimated fee includes our exploration team using standard Personal Protection Equipment (PPE) for geotechnical drilling including hard hats, safety glasses, hearing protection, high visibility vests, and steel -toed boots. Our scope of services does not include environmental site assessment services, but identification of unusual or unnatural materials Responsive ri Resourceful tv Reliable EXHIBIT B - SCOPE OF SERVICES 1 of 6 Page 176 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer a Waterloo, lowa December 23, 2019 n Terracon Proposal No. P13195135 i r rrac encountered while drilling and/or sampling will be noted on our logs and discussed in our report. If impacted soil/material is encountered in a boring, the boring will be terminated and our findings discussed with the client prior to further drilling at the location. Upon completion of staking and surveying by WCES, Terracon will notify Iowa One Call to request a `joint meeting' for subsequent location and marking of public utilities, at least 48 hours prior to performing borings/excavations. We will consult with the owner/client regarding potential private utilities, or other underground hazards. Based on the results of this consultation, Terracon will consider the need for alternative subsurface exploration methods; as the safety of our exploration team members and avoiding damage to existing improvements are priorities. Any private utilities should be marked by the client or owner prior to subsurface exploration. Terracon will not be responsible for damage to utilities that are incorrectly marked or not made aware to us. If the client is not able to accurately locate private utilities, Terracon can assist the client by coordinating or subcontracting with a private utility locating service. Please note that our scope of services and fee does not include the location and marking of private utilities. Subsurface Exploration: Terracon has performed borings on Westfield Avenue from Ansborough Avenue to Fletcher Avenue. WCES has indicated that the existing boring information will be used for this project and no borings are requested from Ansborough Avenue to Fletcher Avenue. Terracon's subsurface exploration program includes performing a soil boring in the area of each pit for the utilities planned,, as required by CN. We also propose performing borings at intervals of about 300 feet along Westfield Avenue from Fletcher Avenue to Duryea Street and along Duryea Street from Westfield Avenue to Falls Avenue. Per the request of WCES, rock coring is not included in the scope of services. Therefore, if practical auger refusal is experienced in bedrock, the borings will be terminated. The following boring program is proposed. 4 Planned Boring Depth (feet) 40 Rail Crossings/ Bore Pits 13 20 or auger refusal Sanitary Sewer 62 20 or auger refusal Sanitary Sewer 1. Below existing grades 2. Additional, provisional borings have been included in our budget estimate for areas where shallow bedrock or variable bedrock depths are encountered along the sanitary sewer alignment, and the additional borings would provide further information to aid in the estimation of rock excavation quantities. Responsive i Resourceful si Reliable EXHIBIT B - SCOPE OF SERVICES 2 of 6 Page 177 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer i Waterloo, Iowa December 23, 2019 ® Terracon Proposal No. P13195135 1 n Subsurface Exploration Procedures: The borings will be performed with a rotary drill rig using continuous flight augers and mud -rotary drilling methods. Sampling will be performed using a split barrel sampler or thin -walled tubes at intervals of 2.5 feet in the upper 20 feet of each boring and at intervals of 5 feet thereafter. As mentioned previously, if practical auger refusal is experienced in bedrock, in borings performed for the sanity sewer, the borings will be terminated. Upon encountering bedrock or practical auger/bit refusal in the pit borings, coring of bedrock using a double -wall, NQ/NX core barrel will be performed to a depth of at least 5 feet greater than the planned maximum invert depth of the sanitary sewer, Rock coring/sampling is performed continuously; however, rock core recovery is partially dependent on the quality, consistency, or degree of cementation of the rock. Water will be used for rock coring and the spent water/fluid will be discharged on -site, unless we are directed otherwise. Terracon's exploration team will observe and record groundwater levels during and after drilling and sampling. In some instances, groundwater observations may not be representative because drilling fluids or water are used. Open boreholes will be covered between the time the boring is completed and backfilled. Terracon's exploration team prepares field logs as part of standard drilling operations. The field logs include sampling interval depths, sample recoveries, penetration resistances, and other relevant drilling and sampling information. Our field logs also include visual descriptions of materials encountered during drilling and the drill crew's interpretation of subsurface conditions between samples. The samples are containerized and transported to our laboratory for further testing and classification. Our engineering staff and the drill crew communicate during the exploration. If the subsurface conditions encountered appear to be unfavorable or marginal, we modify our subsurface exploration while we are on site. If additional fees apply, we contact the client for authorization, prior to performing any additional services. Site Access and Property Disturbance: We considered that the boring locations (and pits) will be located outside of the CN right-of-way, and railroad permits and flagmen will not be required. We anticipate performing the borings through the existing roadways. We also considered that traffic control, consisting of signs and flagmen to allow one lane of the roadway to remain open, will be required for the borings performed in Westfield Avenue. Signs will be used to notify motorists of work in the right-of-way. We also considered that the sites and boring locations can be accessed using our ATV -mounted drill rig without the assistance of other machinery. Terracon personnel will take reasonable measures to limit the amount of damage to the properties. However, some damage to pavements, rutting of the ground surface, and/or damage to landscape could occur. Please note that our scope of services and fee do not include services associated with site clearing, soft/wet ground conditions, or reparations to damage of the existing Responsive i Resourceful a Reliable EXHIBIT B--SCOPE OF SERVICES 3 of 6 Page 178 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer Waterloo, Iowa December 23, 2019 RI Terracon Proposal No. P13195135 lFerrac:.2n landscape. If such services are desired, we should be notified so we can adjust our scope of services. It is important that Terracon be granted access to the sites (i.e., legal right -of -entry) by the property owners. Please notify Terracon if arrangements have not been made for subsurface exploration on the properties. At least 7 days of notice will be provided to WCES and The City of Waterloo of our intent to notify Iowa One Call and perform the field exploration. Pit boreholes will be backfilled with portland cement-bentonite grout after completion. All other boreholes performed for the sanitary sewer and road reconstruction will be backfilled with auger cuttings and bentonite chips. Pavements will be patched with commercially -available, high early strength concrete or cold patch asphalt. Our services do not include repair of the sites beyond backfilling our boreholes and patching of pavements. Any excess auger cuttings will be disposed of in an area designated by authorized personnel. Because backfill material often settles below the surface after a period, we recommend boreholes be checked periodically, and backfilled if necessary. Terracon can provide this service for an additional fee, upon request. Long-term maintenance of the boreholes will be the responsibility of the client. Laboratory Testing Our laboratory testing program includes observation of recovered soil samples by an engineer and/or a geologist. Based on the texture and plasticity of the soil, we describe and classify soil samples in general accordance with the Unified Soil Classification System (USCS). The project engineer reviews field data and visual classifications and assigns laboratory tests for engineering evaluations. Laboratory testing planned for this project is presented in Exhibit C and includes water content, particle size analyses, dry density, unconfined compression, organic content, plastic and liquid limits, and pH tests. Laboratory testing of recovered bedrock core samples will include compressive strength of intact rock core samples. Recover bedrock samples will be visual and tactile classification using locally accepted practices for engineering purposes. Petrographic analysis (if performed) may reveal other rock types. Rock core samples typically provide an improved specimen for rock classification. Samples recovered during the subsurface exploration will be retained in our office for a period of 90 days after submittal of our geotechnical engineering report. Responsive ill Resourceful Reliable EXHIBIT 3 - SCOPE OF SERVICES 4 of 6 Page 179 of 254 Proposal for Geotechnicai Engineering Services NW Interceptor Sewer n Waterloo, Iowa December 23, 2019 to Terracon Proposal No. P13195135 Engineering and Project Delivery 1Terr;:c:.n Results of our field and laboratory programs will be evaluated by a civil/geotechnical engineer licensed by the State of Iowa. The engineer will develop a geotechnical site characterization, perform the engineering calculations, and develop appropriate geotechnical engineering design criteria for earth -related phases of the project. Your project will be delivered using our GeoReport® system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. The typical delivery process includes the following: ▪ Project Planning — Proposal information, schedule and anticipated exploration plan will be posted for review and verification ▪ Site Characterization — Findings of the site exploration • Geotechnical Engineering — Recommendations and geotechnical engineering reports When services are complete, we upload printable versions of our geotechnical engineering reports. Previous submittals, collaboration, and the reports, are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. The geotechnical engineering report for the sanitary sewer and road reconstruction will address and/or include the following: • General site and project description ▪ Site and Boring Location diagrams m Stratified boring Togs with field and laboratory data • Subsurface exploration procedures • Summaries of soil, rock, and groundwater conditions encountered • Summary of laboratory test results ▪ Earthwork recommendations for pavements including: ® Subgrade evaluations • Anticipated undercut/overexcavation depths, where applicable Suitable on -site and imported fill material types Fill placement and compaction requirements General grading and drainage recommendations • General earthwork considerations • Typical pavement thicknesses for asphaltic and portland cement concrete sections • General subsurface drainage recommendations and construction dewatering considerations, where applicable • Frost considerations Responsive i Resourceful Reliable EXHIBIT B -SCOPE OF SERVICES 5 of 6 Page 180 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer a Waterloo, Iowa December 23, 2019 F Terracon Proposal No. P13195135 1krr c The geotechnical report for trenchiess construction of the sanitary sewer at the railroad spur crossings will include and/or address the following: • General site and project description Fa Site and Boring Location diagrams • Stratified boring logs with field and laboratory data ® Photographs of recovered rock core samples • Subsurface exploration procedures ▪ Summaries of soil, rock, and groundwater conditions encountered • General site geology ▪ Summary of laboratory test results El Geotechnical discussion regarding the feasibility of trenchiess installation methods • Geotechnical parameters with depth including: ® Unit weight • Angle of internal friction or cohesion • Active and passive earth pressure coefficients • Estimated ground surface settlement considering an assumed overcut dimension • Settlement monitoring program requirements during construction ▪ Estimated seismic site class based on the data obtained • Dewatering considerations • General backfilling and compaction recommendations Please note that in order for Terracon to finalize a subsurface exploration program and provide geotechnical engineering recommendations for the project, we will require sewer plan and profile drawings that includes the proposed pit areas. Other information may also be required. Preparation and Review of Claassen Engineering's Performance Specification: Terracon's geotechnical engineering report and associated verbal and written communications will be used by WCES for incorporation in the bid documents, and will be used by the contractor to develop their designs and construction monitoring program. Terracon will assist WCES in the preparation of earth -related portions of the railway crossing performance specifications and will review project plans and the performance specification prepared by WCES. Our review will include a written statement, which conveys our opinions, related to the plans and specifications' consistency with our geotechnical engineering recommendations and American Railway Engineering and Maintenance -of -Way Association (AREMA) and CN requirements. Responsive VI Resourceful RI Reliable EXHIBIT B- SCOPE OFSERVICES 6of6 Page 181 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer i Waterloo, Iowa December 23, 2019 rt Terracon Proposal No. P13195135 i r rrac n EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site and project as summarized in Exhibit A, and our planned scope of services in Exhibit B, our estimated fees are shown in the following tables. ESCRiPTII FIELDSERVICES% Pre -task Planning Locations/Staking of Borings' 2-Person Crew, Rotary Drill Rig, and Support Equipment Six(6) additional borings to further evaluate shallow bedrock Hard Drilling (in boulders, rubble, bedrock, etc.) Patching of Pavements Traffic Control Ftaggers and Signs (subcontractors) Drilling Supervisor (Joint utility locates and work plan) -i: ANITARY.SEWER UANTITY,. UNIT, . ;UNIT PRICE EXTENSION Refer to Exhibit B ;for scope of services 1 - 6.0 - 7.0 lump hour $250.00 $100.00 22 - 28 9 - 10 20 - 40 10 - 12 2.0 - 4.0 hour hour foot each day $250.00 $250.00 $14.00 $15.00 $675.00 5.0 - 6.0 hour $100.00 *Elevations and Iats#ongs by WCES ESTIMATED FIELD SERVICES SUBTOTAL Subtotal $ 250.00 - 250.00 $ 600.00 700.00 $ 5,500.00 - 7,000.00 $ 2,250.00 - 2,5110,00 $ 280.00 - 660.00 $ 150.00 - 180.00 $ 1,350.00 - 2,700.00 $ 500.00 - 600.00 $ 10,880.00 - 14,490.00 $ 10,900.00 to $ 14,500.00 . x.��. _% s , ` „ xr "` pate obtaining aborit 80 to 90 sarrmples. LABOR,QTQI�Y,SER1/lCESw `� „ .• y z ,, „ ,��,�: r Anticl "' _ Boring Log Strati cations 8.0 - 9.0 hour $90.00 $ 720.00 - 810.00 Water Content Test 65 - 80 each $7.00 $ 455,00 - 560.00 DryDensityDetermination 8 - 12 each $7.50 $ 60.00 - 90.00 Unconfined Compression Test 8 - 12 each $17.50 $ 140.00 - 210.00 Liquid and Plastic Limits Tests (3-point method) 1 - 2 each $125.00 $ 125.00 - 250.00 Combined Sieve Analysis & Hydrometer 0 - 0 each $165.06 $ - - - Organic Content Test 2 - 3 each $65.00 ($ 130.00 - 195.00 ESTIMATED LABORATORY SERVICES SUBTOTAL Subtotal $ 1,630.00 - 2,115.00 $ 1,650,00 to $ 2,100.00 �� f i x ArajectDirechon Coordination DafaReduc6on Enineenng Analyses and E'N,CrI_NEER[NGSERVICES,?`;: ' . ' - EvaluatIon,andReportPreparadonand.Submittal; SeniorGeoteohnical Engineer/Project Manager, P.E. 6.0 - 8.0 hour $150.00 $ 900.00 - $ 1200.00 Geotechnical Engineer/ProjectManager 18.0 - 22.0 hour $110.00 $ 1,980.00 - $ 2420.00 DraftsmanlCADD 1.5 - 2.0 hour $75.00 $ 112.50 - $ 150.00 Administration and Secretarial Services 5.0 - 6.0 hour $50.00 $ 250.00 - $ 300.00 ESTIMATED ENGINEERING SERVICES SUBTOTAL Subtotal $ 3,242.50 - $ 4,070.00 $ 3,250.00 to $ 4,050.00 lV$111. ATED TOTAL FOR,SCOPE OF SERVICES 600 D 65ti Or3i Responsive ri Resourceful ri Reliable EXHIBIT C - COi4)PENSATION AND PROJECT SCHEDULE 1 of 3 Page 182 of 254 Proposal for Geotechnical Engineering Services NW Interceptor Sewer to Waterloo, Iowa December 23, 2019 n Terracon Proposal No. P13195135 1rerrac.n ail Crossings; Yz ...t DESCRIPTIOhi° x, QUANTITY UNIT ; UNIT PRICE EXTENSION IFIELD, SERVICES ,, , :; ;s _ : Referto UnibItB for scope of services ; Pre -task Planning 1 - 1 lump $250.00 $ 250.00 - 250.00 Locations and Elevations of Borings* 0.0 - 0,0 hour $150.00 $ - - - 2-Person Crew, Rotary Drill Rig, and Support Equipment 26 - 30 hour $250.00 $ 6,500.00 - 7,500.00 Rock Coring Setup 1 - 4 each $0.00 $ - - - Rock Coring (NQINQ2) 20 - 50 foot $20.00 $ 400.00 - 1,000.00 Hard Drilling (In boulders, rubble, rock, etc.) 10 - 20 foot $14.00 $ 140.00 - 280.00 Hot Water 1 750 - 2500 gallon $0.40 $ 300.00 - 1,000.00 Patching of Pavements 1.0 - 2.0 each $15.00 $ 15.00 - 30.00 Bentonite Cement Grout Backfill bytremie pipe 120 - 160 foot $6.00 $ 720.00 - 960.00 Traffic Control Flaggers and Signs (subcontractors) 1.0 - 1.5 day $675.00 $ 675.00 - 1,012.50 Drilling Supervisor (Iowa One Calls and work plan) 2.5 - 3.0 hour $100.00 $ 250.00 - 300.00 `by WC ES ESTIMATED FIELD SERVICES SUBTOTAL Subtotal $ 9,250.00 - 12,332.50 $ 9,250.00 to $ 12,350.00 LAB STORY SI=RVICES Anticipate abta€nine about 48 samples. Boring Log Stratifications 7.0 - 8.0 hour $90.00 P$ 630.00 - 720.00 Water Content Test 44 - 38 each $7.00 $ 308.00 - 266.00 Dry Density Determination 0 - 2 each $7.50 $ - - 15.00 Unconfined Compression Test 0 - 2 each $17.50 $ - - 35.00 Combined Sieve Analysis & Hydrometer 6 - 8 each $165.00 $ 990.00 - 1,320.00 Organic Content Test - each $65.00 v.$ - - - DirectShearTest (granular soil) - each $350.01) $ - - - pH (analytical test) 7 - 8 each $65.00 '$ 455.00 - 520.00 Rock Core Densityand Unconfined Compressive Strength 4 - 6 each $65.00 '$ 260.00 - 390.00 ESTIMATED LABORATORY SERVICES SUBTOTAL Subtotal $ 2,643.00 - 3,266.00 $ 2,650.00 to $ 3, 250.00 • ProtectDirection;Ceord€nation Data;Reductior EngineermgMalysesand „' .EYaluatigns, Report Preparation and -Submittal and Preparation and Review of iENGINEERING SEf7VIGES .? . ..... gal'''''''''.rytry ;. PerformanceS'eci€rcations ;i Principal Engineer, P.E. * 40.0 - 44.0 hour $175.00 $ 7,000.00 - $ 7700.00 Senior Geotechnical Engineer/Project Manager, RE** 50,0 - 56.0 hour $150.00 $ 7,600.00 - $ 8400,00 Gootechnical Engineer/ Project Manager 30.0 - 36.0 hour $110.00 $ 3,300.00 - $ 3960.00 Senior Staff Geologist 2.5 - 3.0 hour $90.00 $ 225.00 - $ 270.00 Draftsman/CARD 8.0 - 10.0 hour $75.00 $ 600.00 - $ 750.00 Administration and Secretarial Services 10.0 - 12.0 hour $50.00 $ 500.00 - $ 600.00 ** 24 hours ($7,800) of plan, specification, and consultation time €nciuded ESTIMATED ENGINEERING SERVICES SUBTOTAL Subtotal $ 19,125.00 - $ 21680.00 $ 19,150.00 to $ 21,700.00 rESTIMATEWT,O FOR,SCOP,E{OF' 5£RVICI=Srx , t l ,gaig- `� ,' 0560 to v $ �37;30os00 Unless instructed otherwise, we will submit our invoice(s) to the addressee of this proposal. if conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services, as well as its effect on our fee will be prepared. We will not proceed with additional or alternate services without your authorization. Responsive to Resourceful rt Reliable EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE 2 of 3 Page 183 of 254 u m __ � i — S TE LOCA e ! 41 Page 184 of 254 u Page 185 of 254 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Davenport Group, of Lewisburg, Tennessee, in the amount of $115,000, in conjunction with the purchase of equipment and services to refresh the Datacenter storage and related computer equipment and software, and authorizing the Mayor to execute said document. City Council Meeting: 6/29/2020 Prepared: 6/23/2020 REVIEWERS: Department Information Services Clerk Office Reviewer Youngblut, Chris Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type ❑ Proposal Davenport Group Resolution Letter SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Alternative: Date 6/24/2020 - 9:55 AM 6/24/2020 - 10:17 AM Resolution approving a Professional Services Agreement with Davenport Group, of Lewisburg, Tennessee, in the amount of $115,000, in conjunction with the purchase of equipment and services to refresh the Datacenter storage and related computer equipment and software, and authorizing the Mayor to execute said document. Submitted By: Chris Youngblut, Director of Technology Services Approval The City of Waterloo wishes to upgrade its current hardware and software related to its virtualization environment. The current equipment is nearing end of life for support and is under equipped to address the computer needs for the city. Less than $125,000 G.O. Bonds (419/420) Do not approve. Would limit city's growth and possibly risk down time if support and maintenance is unable to be continued. Page 186 of 254 City of Waterloo: Request for Proposal — Information Technology Virtualization and Storage June 25, 2020 Presented To: Presented By: ♦ ♦ ♦ ♦ , 0 ♦ ♦ ♦ • ♦♦♦ davenportgroup Page 187 of 254 davenportgroup Table of Contents Executive Summary 3 Primary Contact Information 4 About Davenport Group 5 Certifications, Capability & Experience 6 Implementation and Support 8 Statement of Work 9 Project Timeline 22 Statement of Commitment 23 Solution Summary 24 Pricing Summary & Quote 25 Appendix A: Support Terms & Conditions 29 2 Page 188 of 254 davenportgroup Executive Summary Davenport Group is pleased to have this opportunity to expand our relationship with the City of Waterloo by responding to the Information Technology Virtualization and Storage Request for Proposal (RFP). Our response will be submitted as outlined in the RFP conforming to the requests noted there. Davenport Group wishes to thank the City for this opportunity to respond. The solution contained in our response is comprehensive and covers all requirements and desires outlined in the RFP. The pricing is all-inclusive. No additional costs will be incurred beyond what is noted in our response. Davenport Group engineers will install and completely build out your new environment and show the City's staff how to run this new environment via our Knowledge Transfer process. As part of our Statement of Commitment (Page 23) Davenport Group will work with the City of Waterloo IT staff to routinely monitor any changes to ensure that everything works as originally designed. There will be no additional charge to the City for this service. We have a long history of taking care of our customers both before and after the point of sale. This includes but is not limited to sizing/planning discussion, break fix assistance, trouble ticket escalation and resolution, ongoing training for staff, best practice sharing, etc. You will never receive an invoice from us for these types of services or helping hand. It is simply part of our culture as we want you to not only be happy with the solution you purchase from us, but fully know how the solution works in a best effort to capitalize on your investment. We hope that you find our response clear and that we have answered your questions in a straightforward and concise manner. If there are any questions, please do not hesitate to contact Kristy Wilke, Account Executive for Davenport Group. Her contact information is contained within our response. Sincerely, ettcac*auL, Sonia St. Charles Chief Executive Officer & Owner Davenport Group 3 Page 189 of 254 davenportgroup Primary Contact Information Davenport Group Headquarters 104 Belfast Avenue Lewisburg, TN 37091 877-231-9114 I Toll Free 651-765-0774 I Fax Kristy Wilke Account Executive 651-968-7925 kristy wilke@davenportgroup com BJ Bradley Vice President of Engineering Services 803-714-3558 bbradley@davenportgroup com 4 Page 190 of 254 davenportgroup About Davenport Group In 2001, Sonia St. Charles and Paul Clifford focused their efforts on building a company that would solve the fundamental issues facing today's Information Technology professionals. The result is Davenport Group: an organization that designs and implements IT solutions that help our customers proactively manage their data — today and into the future. Specializing in enterprise data storage and virtual infrastructure, Davenport Group is an end -to -end solutions provider with customers in more than 42 states. Davenport Group values its strong customer relationships with businesses ranging from Fortune 1000 companies to state and local governments. Davenport Group is proud of our relationship with our customers. A foundation of trust is important when dealing with IT, which is why Davenport Group gets to know our customers on a personal level first. Davenport Group's certified engineers will work closely with the City of Waterloo to assemble, install, and connect the equipment. Post implementation, our engineers will continue to work with you to handle day-to-day questions and issues at no additional cost. As a Dell Technologies Titanium Partner, Davenport Group delivers quality solutions to our customers across the country. Davenport Group helps organizations get ahead of the technology curve by creating flexible, feature -rich strategies for information technology. Leveraging industry experience and best -in -class technology systems, we design cost-effective solutions that build on existing infrastructure to help organizations get control of their technology environment. Awards and Partnerships: • Certified Dell Technologies Titanium Partner in 2019, 2020 • Exclusive All In — Dell Technologies Partner in 2019, 2020 • Certified Dell EMC Titanium Partner in 2017, 2018 • Certified Premier Plus Partner in 2016 • Certified Premier Partner in 2015, 2014, 2013, 2012, 2011 • Dell's Software Partner of the Year in 2015 • Dell's North Central Partner of the Year in 2012 5 Page 191 of 254 davenportgroup Certifications, Capability & Experience Davenport Group works with businesses ranging from the public to private sector, including a growing network of Fortune 1000 companies, education, state and local governments, and is a certified woman - owned business. A major key to our success has been our strategic alliance with Dell Technologies. Introduced in 2002, Dell Technologies' SC Storage portfolio (formerly named Compellent) has delivered a product set that simply is revolutionary, and Davenport Group has proudly been a Compellent partner since 2003. Davenport Group sold the first Compellent SAN that was not in beta testing and today has Dell Storage installations in 42 states. This long-term relationship and deep product knowledge have enhanced our ability to sell and deliver the entire Dell Technologies portfolio. Davenport Group maintains the highest level of customer service and currently have the eighth largest Dell Technologies SC install base in the world. Dell Technologies with its SC Storage portfolio is a leading provider of enterprise -class network storage solutions that are highly scalable, feature rich and designed to be easy to use and cost effective. Dell Technologies products and services have earned industry -wide accolades including: • Market Leader: SAN Arrays - 2019 IT Brand Pulse Storage Brand Leader Awards • Market Leader, All Flash SAN Array 2019 — IT Brand Pulse Flash Brand leaders • Best Storage Hardware — 2019 Channel Pro Reader's Choice Awards • 2018 Product of the Year: Best Storage Array, IT Pro • 2017 CRN Annual Report Card: Enterprise Network Storage Winner • Editor's Choice Award: Dell EMC Storage SC9000 • 9.4/10 Rating for the "lowest all -flash storage costs around" - Simple Reviews With an integrated storage platform, SC provides increased functionality and lower total cost of ownership when compared to traditional storage systems. The result is a comprehensive solution that lowers storage infrastructure, power and cooling costs, reduces management time and enables continuous data availability and storage virtualization. Traditional storage vendors promise to reduce the amount of time and money spent on storage, but instead deliver a patchwork of complicated and inefficient point products that are difficult to integrate, learn and manage. By starting from scratch, without the burden of software legacy code and the limitations of a proprietary hardware platform, SC developed an innovative SAN that reduces storage costs, cuts storage administration time, and provides continuous data availability. 6 Page 192 of 254 Davenport Group is Dell Technologies certified in: • Storage (structured and unstructured) • Servers • Virtualization • Networking • System Management • Security • Data Protection • Hyperconverged Infrastructure • Client PCs/Notebooks davenportgroup 7 Page 193 of 254 davenportgroup Implementation and Support Training & Knowledge Transfer Davenport Group engineers will install and completely build out your new environment and show the City's staff how to run this new environment via our Knowledge Transfer process. This environment will have fully functioning system, designed with performance and high availability. When Davenport Group turns over the completed project to the City of Waterloo's IT staff, all will be fully operational as designed. As mentioned previously, Davenport Group is available after the Knowledge Transfer for any additional needs that may arise. Support Please reference Appendix A for full support details and terms and conditions. 8 Page 194 of 254 ,,• • • ;.'.'.'., •♦♦•, • • • • • davenportgroup Statement of Work ••• ••.,,, ,• • . ♦•, davenportg roup City of Waterloo Statement of Work Installation of VMWare hosts on 3, R640 servers, 2xS4128F switches and an SC5020 storage array. May 28, 2020 Presented by: Kristy Wilke 2020 Davenport Group — Confidential & Proprietary 9 Page 195 of 254 davenportgroup Davenport Group Statement of Work Table of Contents 1 Client Information 3 2 Statement of Work 4 2.1 Scope .4 2.2 Assumptions 4 3 Services 6 3.1 Planning 6 3.2 Install and configure three VMWare hosts on R640 servers 6 3.3 Install and configure two, Dell/EMC S4128 switches 6 3.4 Install and configure Dell/EMC SC5020 storage array 7 4 Out of Scope 8 4.1 Excluded Services 8 4.2 Change Management 8 5 Client Responsibilities 9 6 Acceptance and Authorization 11 7 Attachment A: General Terms and Conditions .12 8 Attachment B: Request for Change Form 13 2020 Davenport Group — Confidential & Proprietary Page 2 of 13 10 Page 196 of 254 davenportgroup Davenport Group Statement of Work 1 Client Information Client Name City of Waterloo Client Contact Chris Youngblut chris.youngblut@waterloo-ia.org 1-319-291-4522 Client Address 715 Mulberry St Waterloo, IA 50703 US Additional Sites (if applicable) 2020 Davenport Group — Confidential & Proprietary Page 3 of 13 11 Page 197 of 254 davenportgroup Davenport Group Statement of Work 2 Statement of Work This Statement of Work defines the tasks to be performed for City of Waterloo, herein after referred to as ("Client"). Tasks to be performed, as well as the responsibilities of Client, are included in the Statement of Work. 2.1 Scope • Install and configure VMWare hosts on 3, Dell R640 servers • Install and configure 2 Dell S4128 switches • Install and configure SC5020 storage array 2.2 Assumptions Davenport Group has made the following assumptions while specifying the Services detailed in this Statement of Work: • The provision of the Services does not include the development of any intellectual property created solely and specifically for the Customer under this SOW. • Normal business hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. local Client time. Services will be performed during normal business hours, unless mutually agreed upon. • Service engagements will utilize full contiguous business days, unless mutually planned and agreed upon. • Client's network infrastructure is stable and is the same across all its sites. • This Statement of Work includes travel to one domestic location within the continental United States. Travel to other locations is out of scope unless otherwise stipulated within this Statement of Work. • Davenport Group is not responsible for resolving compatibility or other types of issues that cannot be resolved by the manufacturer, or for configuring hardware or software in contradiction to the settings supported by the manufacturer. • For a timely and successful implementation to occur both the Client and Davenport Group must work together and requests for assistance by Davenport Group need to be responded to in a timely manner. Client will work with Davenport Group to ensure that the necessary Client information, appropriate documentation, and the ability to gain access to the necessary Client resources, personnel, and facilities happen as promptly as possible. • If issues present themselves that prevent the Client from meeting its obligations as set forth in this Statement of Work, Davenport Group may adjust the timeline or costs as necessary and will provide the Client notice of any changes. 2020 Davenport Group — Confidential & Proprietary Page 4 of 13 12 Page 198 of 254 davenportgroup Davenport Group Statement of Work • Davenport Group is not responsible for application malfunctions or conflicts between Client applications. • Davenport Group engineers shall not perform engineering and/or consulting tasks that are outside their skill sets and experience. Davenport Group engineers may decline a service request if the request falls outside the scope of their experience and expertise. 2020 Davenport Group — Confidential & Proprietary Page 5 of 13 13 Page 199 of 254 • • • ,••• ••, ••• • •• • •• • .•.o° davenportgroup Davenport Group Statement of Work 3 Services 3.1 Planning • Dialog with Client's IT staff to determine design goals and project requirements that are agreed to by Davenport Group and the Client_ • Review existing environment for technical readiness requirements_ • Review installation requirements_ • Review network configuration_ • Review operating systems and application versions_ • Make recommendations for any environmental changes that may be required to ensure work herein is completed successfully_ • Create a timeline and task list. • Ensure Client reviews, accepts and abides by the terms and conditions_ 3.2 Install and configure three VMWare hosts on R640 servers n Implement a fully functioning vSphere environment o Installation and configuration of vSphere hosts • Mount host(s) in appropriate rack and cable host(s) based on approved vSphere physical design • Install approved version of ESXi on all hosts • Configure vSwitches, dvSwitches, VMKemel ports, and port groups based on approved vSphere logical design o Installation and configuration of vCenter • Import vCenter Appliance onto host • Enable and configure vSphere Web Client • Enable and configure Active Directory Authentication • Create Windows Server templates and operating system customization specification o Cluster creation and advanced configuration • Configure High Availability (HA) and Distributed Resource Scheduler (DRS) • Configure host groups and affinity rules based on logical design o vSphere administration knowledge transfer • Install and explore vSphere Client • Review Datastore creation and administration • Explore vMotion, HA, and DRS configuration/administration • Ensure customer knows how to create and manage VMs 3.3 Install and configure two, Dell/EMC S4128 switches n Implement and configure Dell Networking switches o Mount switche(s) in appropriate rack and cable switche(s) with supplied power cables and customer provided Ethernet cables o Perform basic layer 2 switch configuration 2020 Davenport Group — Confidential & Proprietary Page 6 of 13 14 Page 200 of 254 davenportgroup Davenport Group Statement of Work o Configure up to 10 vLANs for storage and virtualization environment o Network Switch Basic Administration Training • Review basic administration and configuration functions with the customer • Ensure the customer understands the Dell Switch configuration(s), how to manage the system, and make changes on their own • Ensure the customer knows when and how to contact Dell Support 3.4 Install and configure DeIUEMC SC5020 storage array l7 Implement a validated installation of the Dell SC5020 Storage with the following objectives: o Racking the Dell SC Storage Hardware • Mount Storage Center controller(s) in appropriate rack • Mount Disk Endosure(s) in appropriate rack • Populate Disk Endosure(s)with disk drives • Install necessary fibre, network, and power cables o Basic setup of Storage Center • Apply Hardware and System serial numbers • Set the IP addresses • Apply system license key • Ensure all aspects of Storage Center are fuly functional and operating as designed • Create disk folder, volume, server o Label, document, and verify • Label all cables installed • Document all cable connections made to this point • Verify all connections to and from Storage Center, (iSCSI, Fibre Channel, FCoE) • Copilot installation verification check o Dell Storage Manager Installation • Install and configure data collector • Configure remote Data Collector Manager (if applicable) • Install and configure Enterprise Manager Client • Create Threshold Definition • Create System Report o SAN Administration Training • Review basic administration and configuration functions with the customer • Review controller failover Best Practices timeout settings • Review with the customer the Dell Storage Center operations manual • Ensure the customer understands the Storage Center configuration, how to manage the system, and make changes on their own • Ensure the customer knows when and how to contact Copilot Services 2020 Davenport Group — Confidential & Proprietary Page 7 of 13 15 Page 201 of 254 davenportgroup Davenport Group Statement of Work 4 Out of Scope 4.1 Excluded Services Both Davenport Group and the Client acknowledge that only the services outlined in this Statement of Work will be performed by Davenport Group. Out of scope: • If customer's current version of VMWare is non -compatible with the current version(s) of VMWare necessary for VMotion, the customer is responsible for the upgrade of VMware (though Davenport Group will be able to assist via a separate SOW) 4.2 Change Management The Change Management Process ("Change Management Process") is the process that governs changes to the scope of the Service during the Term of this SOW, as described below. The Change Management Process may be used to modify the Scope, Assumptions, and Services described in this SOW. Changes to scope beyond what is listed within this Statement of Work, must be documented in writing with a Request for Change Form (see Attachment B), and signed and approved by both parties as an amendment to this Statement of Work. If additional costs are applicable, they will be noted in the amendment. 2020 Davenport Group — Confidential & Proprietary Page 8 of 13 16 Page 202 of 254 4 ♦ •♦ • ♦ ♦ ♦ ♦ , ,\ � • ♦ ♦ ♦I davenportgroup Davenport Group Statement of Work 5 Client Responsibilities • Client will promptly notify Davenport Group in writing of a) any changes Client makes to its information technology environment ("Environment") that may impact Davenport Group's performance of the Services; and b) if Client becomes aware that any of the Assumptions set forth herein are incorrect. • Client will maintain a backup of all data and programs on affected systems prior to Reseller performing the Services and during the term of the SOW. Davenport Group will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of or in connection with the Services provided under this SOW. • Prior to the start of this SOW, Client will provide to Reseller in writing contact information for a single point of contact (the "Client Contact") who will ensure that all tasks can be completed within the specified time period. All Services communications will be addressed to such point of contact. Failure to do so might result in an increase in project hours and/or length in schedule. • Client will provide technical points -of -contact, who have a working knowledge of the enterprise components to be considered during the Services ("Technical Contacts"). Davenport Group may request that meetings be scheduled with Technical Contacts. • The Client Contact will have the authority to act for Client in all aspects of the Service including bringing issues to the attention of the appropriate persons within Client's organization and resolving conflicting requirements. • The Client Contact will ensure that any communication between Client and Davenport Group, including any scope -related questions or requests, are made through the appropriate Davenport Group project management personnel. • The Client Contact will provide timely access to technical and business points of contact and required data/information for matters related to the scope of Service. • The Client Contact will ensure attendance by key Client contacts at Client meetings and deliverable presentations. • The Client Contact will obtain and provide project requirements, information, data, decisions and approvals within one working day of the request, unless both parties agree to a different response time. • Client may be responsible for developing or providing documentation, materials and assistance to Davenport Group and agrees to do so in a timely manner. Davenport Group shall not be responsible for any delays in completing its assigned tasks to the extent that they result from Client's failure to provide such timely documentation, materials and assistance. • Client will ensure the Services personnel have reasonable and safe access to the Project site, a safe working environment, an adequate office space, and parking as required. • Client will inform Davenport Group of all access issues and security measures, and provide access to all necessary hardware and facilities. 2020 Davenport Group — Confidential & Proprietary Page 9 of 13 17 Page 203 of 254 davenportgroup Davenport Group Statement of Work • Client is responsible for providing access to all hardware, software, internet access, and facilities for the successful completion of the Services. Facilities and power must meet Dell's requirements for the products and Services purchased. • Client will secure applicable and appropriate data center rack space, electrical capacity, network capacity and required third -party hardware, software or documentation in advance of the installation date. • It is the Client's responsibility to obtain any and all prerequisite software licenses, certificates, codes, etc. • If applicable, Client will have procured any required OS media, certificates, and product keys. • If applicable, Client will locate OS certificates and register them online in order to generate appropriate license keys. • If applicable, Client will ensure all required and/or appropriate Windows' licenses have been purchased prior to doing any P2V conversion. Windows' licenses purchased OEM with a physical server cannot be transferred to another server, physical or virtual. • Client is responsible for all elements of system security. Industry best practices should be used for creating, issuing, managing, disabling, and revoking user IDs and passwords for Davenport Group personnel. • Client will provide Davenport Group in writing with any restrictions or requirements regarding the Davenport Group consultant's use of personal equipment in advance of the commencement of the project. • Client will provide access to telephone if cellular phone service is not operational within the datacenter and/or work area. • Client will provide a computer connected to Client's network for the purpose of administration and testing. This computer needs to be freely available throughout the entire installation process. • Client will ensure the Services personnel have secure remote access to all necessary systems at the Project site, sufficient for remote completion of all services work. • Client will load any patches or updates that may have been released subsequently after this Service is complete. 2020 Davenport Group — Confidential & Proprietary Page 10 of 13 18 Page 204 of 254 davenportgroup Davenport Group Statement of Work 6 Acceptance and Authorization This Statement of Work is approved by: City of Waterloo Davenport Group Approver signature Signature Approver name (printed) Name (printed) Approver title Title Date Date 2020 Davenport Group — Confidential & Proprietary Page 11 of 13 19 Page 205 of 254 davenportgroup Davenport Group Statement of Work 7 Attachment A: General Terms and Conditions 1 SFRVICF The following states the general terms and conditions under which we agree to perform certain services as described in the Statement of Work attached hereto. Signature of the Statement of Work by the parties, incorporate by reference these general terms and conditions and form the entire Agreement between the parties. 2 TAXFS Client agrees to pay all applicable taxes, which result from any transaction under this Agreement, excluding taxes based on net income of Davenport Group. If Client claims exemption from any such taxes, Client will provide Davenport Group with the documentation required, by the taxing authority, at point of purchase to support the exemption. 3 DISCI AIMER OF WARRANTY AND LIMITATION OF LIABILITY DAVENPORT GROUP WARRANTS THAT SERVICE WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. IF ANY FAILURE TO MEET THE FOREGOING WARRANTY APPEARS WITHIN THIRTY (30) DAYS FROM THE DATE SUCH SERVICE IS FURNISHED, DAVENPORT GROUP SHALL RE -PERFORM THE SERVICE, INCLUDING REPLACEMENT OF FAILED PARTS PROVIDED AND INSTALLED BY DAVENPORT GROUP, OR REFUND THE AMOUNT PAID FOR SUCH SERVICE. THE FOREGOING SETS FORTH THE EXCLUSIVE REMEDIES AGAINST DAVENPORT GROUP FOR CLAIMS BASED ON A DEFECT IN SERVICES. DAVENPORT GROUP MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, INFRINGEMENT OR THE LIKE. DAVENPORT GROUP'S ENTIRE LIABILITY FOR ANY CLAIM, REGARDLESS OF LEGAL THEORY, SHALL NOT EXCEED $10,000.00 OR THE AMOUNT PAID FOR THE SERVICE PROVIDED, WHICHEVER IS LESS. IN NO EVENT WILL DAVENPORT GROUP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF VALUE TO EQUIPMENT OR AFFILIATED COMPONENTS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR PHYSICAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT. 4 INDEMNIFICATION Each party (as "indemnitor") agrees to indemnify, defend and hold harmless the other party (as "indemnitee") from and against any and all claims, losses liability, costs, or expenses (including reasonable attorney's fees), hereinafter called "Claims", arising out of bodily injury or death of any person or property damage, to the extent that such Claims are caused by the sole negligence, misconduct or other fault of the Indemnitor, its agents, employees or contractors. In no event will such liability of any kind include any special, incidental, or consequential damages. 5 CONFIDFNTIALITY Each party agrees to utilize reasonable efforts in preserving the confidentiality of proprietary data or information that is designated confidential and is submitted pursuant to this Agreement. Each party will be liable to the other party only in the event of a willful and material disclosure of such proprietary data or information. 6 NON -SOLICITATION Each party agrees not to hire, contract, or take away or cause to be hired, contracted, or taken away, any employee or independent contractor from the other party, for a period of two years following termination of this agreement. 7 TERMINATION! Either party, upon thirty days prior written notice, may terminate this Agreement for failure of the other to comply with its Terms and Conditions. 8 GENERAL PROVISIONS a. Client may not assign or otherwise transfer its obligations under this Agreement except with the written consent of Davenport Group, which shall not be unreasonably withheld. b. Customer's environment is as represented to Reseller at the time of execution of this SOW. c. Davenport Group shall exercise commercially reasonable efforts to perform the services in a timely manner, but shall not be responsible for delays or failures to perform, which are due to causes beyond its reasonable control. d. Davenport Group may use affiliates and subcontractors to perform the Services. e. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. f. Either party may bring no action under this Agreement more than one year after the cause of action has accrued. g. If a court of competent jurisdiction deems any provision of this Agreement, invalid or unenforceable, such judgment shall not invalidate or render unenforceable the remainder of the Agreement. h. Any notice, under this Agreement, shall be in writing and shall be effective upon receipt via certified United States Mail or nationally recognized courier. All changes to this Agreement must be in writing and executed by both parties. 2020 Davenport Group — Confidential & Proprietary Page 12 of 13 20 Page 206 of 254 davenportgroup Davenport Group Statement of Work 8 Attachment B: Request for Change Form GENERAL INFORMATION W RFC Number: Revision Number: Create Date: Revision Date: RFC Title: SOW/Contract Title: Customer Name: Name: Email: Phone: Change Initiator: (prepared by) Name: Email: Phone: SCOPE OF CHANGE Reason for Change: Description of Desired Change: Effect of Change: In the fields below, identify impact to Budget, Schedule, Quality, Quantity, Resources, and Cost; insert n/a if not applicable Budget: Schedule: Quality: Quantity: Resources: Cost: Cost to be paid by: TERMS & CONDITIONS AND SIGNATURE This Request for Change Form ("RFC”) is governed by and subject to the terms and conditions specified in the associated SOW. If applicable, the Agreement is incorporated by reference in its entirety into this RFC and the parties acknowledge having read and agree to be bound by the Agreement. In the event of a conflict or inconsistency between the provisions of this RFC and the provisions of the SOW or the Agreement, as the case may be, the provisions of this RFC will take precedence. Unless specified otherwise in the Reason for Change section, this RFC shall take effect on the latest signature date. Signatures below evidence acceptance of the change detailed above. Davenport Group Client Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Please fax/email signed copy to your Davenport Group Account Executive 2020 Davenport Group — Confidential & Proprietary Page 13 of 13 21 Page 207 of 254 ,,••• •• ••, ••• • •• •• •• • • Project Timeline davenportgroup Phase 1 Phase 2 Phase 3 Phase 4 Storage Installation 2 Days VM Hosts Training & Knowledge Transfer 2 Days 22 Page 208 of 254 davenportgroup Statement of Commitment davenportgroup Statement of Commitment Davenport Group is a committed partner to you and your business. In each engagement and interaction, we endeavor to deliver the highest level of service available. We provide incredible engineering talent in our design, implementation, and post -installation phases. We go to whatever length is necessary to ensure that you receive the best experience and outcome as possible. All of this is provided to you at no additional cost. It is simply what we do and who we are. On average, and depending on the size of the engagement, our customers receive $10,000 to $20,000 worth of engineering support over the first three years of their partnership with Davenport Group. This ongoing value has no expiration date and is complimentary because you are a Davenport Group customer. Below is a listing of what we do to assist you, again, at no additional cost: u Presales o Live Optics o Scoping Calls o Solution Design and Architecting o Statement of Work n Post sales o Answering Your Questions • Best Practices • Knowledge Transfer and Refresh — "open door” policy with Davenport Group's engineering team • Roadmap updates on new feature -sets o Retraining new staff in the occurrence of old staff departing o Engineer's Travel/Meals/Entertainment are never billed to you o Support Trouble Ticket Assistance • Escalations • Monitoring the support ticket until resolution • Weekly calls with Dell Support to review open cases for our customers 23 Page 209 of 254 davenportgroup Solution Summary During the winter of 2019, Davenport Group performed a detailed analysis of the IT Systems running at the City of Waterloo. While we are intimately aware of what is in place already, we do this type of analysis with new clients and existing clients alike as we never want to assume on a project of this magnitude. This analysis provides the statistical basis for the necessary technology to assist the City in maintaining a resilient virtual environment capable of maximum uptime. The solution is based on the architecture and solution that Davenport Group deploys for a multitude of customers and has been tailored to meet City of Waterloo's needs. Davenport Group engineers will plan, in conjunction with the City's IT staff, the complete hardware and software installation, Hypervisor building, and will follow the plan that is detailed in this RFP response. Davenport Group's proposed solution to improve the City of Waterloo's operation, performance and system reliability includes: • Compellent SAN, each with 30TB of usable disk space (not accounting for any deduplication or compression) and the TOPS necessary to run your entire operation. • The SAN will be connected to a cluster of three Dell Technologies R640 servers via redundant 10GB Dell ISCSI Switches. • These servers will have VMware deployed as a Hypervisor to virtualize the environment and allow us to build a highly available environment that can run the IT needs of the City. • Davenport Group engineers will install and completely build out your new environment and show the City's staff how to run this new environment. Davenport Group will ensure that this solution exceeds the expectations of the City of Waterloo. 24 Page 210 of 254 Pricing Summary & Quote davenportgroup :a4:, davenportgroup City of Waterloo Iowa Datacenter Refresh Project DLBHQ2158 your davenport group representative Kristy Wilke account executive kristy.wilke@davenportgroup.com cell: 651.571.0118 corporate: 877-231-9114 Davenport Group - Confidential & Proprietary 25 Page 211 of 254 davenportgroup Quote Prepared For: City of Waterloo Iowa Chris Youngblut 715 Mulberry St Waterloo, IA 50703 US chris.youngblut@waterloo-ia.org Quote Information: Quote Number: Date: Quote Expiration: DLBHQ2158 6/18/2020 6/30/2020 Qty Description Unit Price Ext. Price 3 PowerEdge R640 Server (2) Intel Xeon Silver 4216 2.1G, 16C/32T, 9.6GT/s, 22M Cache, Turbo, HT (100W) DDR4-2400 (8) 32GB RDIMM, 2933MT/s, Dual Rank No Hard Drive, No Backplane chassis IDSDM and Combo Card Reader 2x 32GB microSDHC/SDXC Card VMware ESXi 6.7 U2 Embedded Image on Flash Media for Diskless (License Not Included) Riser Config 2, 3x16 LP Intel X520 Dual Port 10GbE SFP+ & i350 Dual Port 1GbE BASE-T, rNDC Intel X520 Dual Port 10GbE SFP+ Adapter, PCIe Low Profile iDRAC9,Enterprise Dual, Hot -plug, Redundant Power Supply (1+1), 750W (2) NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America Standard Bezel for x4 and x8 chassis ReadyRails Sliding Rails Without Cable Management Arm ProSupport Plus and 4Hr Mission Critical, 3 Years Continued On Next Page.... davenportg rou p 26 Page 212 of 254 davenportgroup Qty Description Unit Price Ext. Price 2 S4128F 1OGB SFP+ Switches Dell EMC Switch S4128F-ON, 1U, 28 x 10GbE SFP+, 2 x QSFP28, PSU to 10, 2 PSU, OS10 (2) Forcel0, Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13, S-Series (5) Dell Networking, Cable, SFP+ to SFP+, 10GbE, Passive Copper Twinax Direct Attach Cable, 2 Meter (2) Dell Networking Cable, 0M4 LC/LC Fiber Cable, (Optics required), 2 Meter OS10 Enterprise, S4128F-ON ProSupport Plus Mission Critical 4Hr Onsite Service, 3 Years 1 SC5020 Storage Array 10, 10Gb iSCSI, 4port,PCI-E,SFP+ w/o optics, Full height, QTY2 10Gb iSCSI, SC5020, Mezz Card, SFP+, 4-port, Qty 2 (25) SC5020, 1.8TB, SAS, 12Gb, 10K, 2.5” HDD (5) SC5020 Drive Blank SC5020, Power Supply, 1378W C20, Qty2 Power Cord, 1378W, NEMA 5-20 to C19, 125V, 20A, 3M, Qty2 (2) C2G 6ft 14AWG 125 Volt Power C ord (NEMA 5-15P to IEC320 C19) - power cable - 6 ft (10) DAC Cable, SFP+, Copper, 1M (5) Dell Networking, Transceiver, SFP, 1000BASE-T - Customer Kit (2) Dell Networking, Transceiver, SFP, 1000BASE-SX connector Cus tomer Kit SC5020 Bezel Storage Center SW Bundle, Base License Includes: Dynamic Capacity, Dual Controller, Dell Storage Manager: Foundations & Reporter, MPIO, Compression, Local Data Protection SW, Fast Track Array License SW, Remote Instant Replay Array License (25) Storage Center Drive Certificate (one Certificate per drive) ProSupport Plus 24x7 w/ Priority On -Site (4 hour), 3 Years Implementatation Services and Knowledge Transfer Total $115,000.00 davenportg rou p 27 Page 213 of 254 davenportgroup Terms and Conditions Terms of payment for the project are Net 15 from date of shipment, unless otherwise agreed upon. Upon shipment you will be billed 80% of the total project cost. Upon completion of the project, you will be billed the remaining 20%. Applicable taxes and shipping will be included on all invoices. Davenport Group reserves the right to cancel orders arising from pricing or other errors. A late fee of 1.5% per month will be assessed for all amounts that are past due. The terms of this proposal are subject to credit approval. *Quotes and pricing terms are negotiated between Customer and Davenport Group and may be unique to the Customer. All data and information contained herein and provided by Davenport Group is considered confidential and proprietary. The data and information contained herein may not be reproduced, published or distributed beyond the Customer organization, without the express prior written consent of Davenport Group. Thank you for your business! Signature Date davenportgroup Davenport Group - Confidential 8e Proprietary 28 Page 214 of 254 davenportgroup Appendix A: Support Terms & Conditions ProSupport Plus for Enterprise Introduction Dell EMC' is pleased to provide ProSupport Plus for Enterprise (the "Service(s)” or "Support Services") in accordance with this Service Description ("Service Description"). Your quote, order form or other mutually -agreed upon form of invoice or order acknowledgment from Dell EMC (the "Order Form") will include the name(s) of the Product(s)2, applicable Service(s) and related option(s), if any. For additional assistance, or to request a copy of your governing agreement applicable to the Services (the "Agreement"), contact your Dell EMC sales representative. For Customers who purchase from Dell under a separate Agreement that authorizes the sale of these Services, the Dell Services Terms & Conditions Supplement3 also applies to these Services. For a copy of your agreement with your applicable Dell EMC reseller, contact that reseller. The Scope of This Service The features of this Service include: • Access on a 24x7 basis (including holidays)4 to a specialized Dell EMC technical support resource from the Dell EMC Customer Service and Support organization for troubleshooting assistance of Products. On -site dispatch of a technician and/or delivery of replacement parts to the Installation Site or other Customer business location approved by Dell EMC as detailed in the Agreement (as necessary and according to support option purchased) to address a Product problem. • Access to a remote Technology Service Manager (TSM). Please review the table below for more details. How to Contact Dell EMC if You Require Service Online, Chat, and Email Support: Dell EMC website, chat, and email support available for select products at https://www.dell. com/support. Telephone Support Requests: Available on a 24x7 basis (including holidays). Availability may differ outside of the United States and is limited to commercially reasonable efforts unless otherwise specified in this document. Visit https://www.dell.com/support for a list of applicable telephone numbers for your location. The following chart lists the service features of ProSupport Plus for Enterprise provided under Dell EMC's warranty and/or maintenance terms. ProSupport Plus for Enterprise is available to support and maintain: 1. Dell EMC Equipment which is identified on the Dell EMC Product Warranty and Maintenance Table and/or on your Order Form as including ProSupport Plus for Enterprise during the applicable warranty period; or eligible for upgrade to ProSupport Plus for Enterprise during the applicable warranty period; or eligible for ProSupport Plus for Enterprise during a subsequent maintenance period. 2. Dell EMC Software which is identified on the Dell EMC Product Warranty and Maintenance Table and/or on your Order Form as eligible for ProSupport Plus for Enterprise during a maintenance period. ' "Dell EMC", as used in this document, means the applicable Dell sales entity ("Dell") specified on your Dell Order Form and the applicable Dell EMC sales entity ("Dell EMC") specified on your Dell EMC Order Form. The use of "Dell EMC" in this document does not indicate a change to the legal name of the Dell or Dell EMC entity with whom you have dealt. 2 As used in this document, "Dell EMC Products", "Products", "Equipment" and "Software" means the Dell EMC Equipment and Software identified on the Dell EMC Product Warranty and Maintenance Table or on your Order Form, and "Third Party Products" is defined in your Agreement, or in the absence of such definition in your Agreement, in the Dell EMC Commercial Terms of Sale or your local Dell EMC terms of sale, as applicable. 'You" and "Customer" refers to the entity named in the purchaser of these Services named in the Agreement. 3 To review the Dell Services Terms of Sale Supplement, please go to https://www.dell.com/servicecontracts/global choose your country and select the Support Services tab on the left hand navigation column of your local country page. 4 Availability varies by country. Contact your sales representative for more information. Dell EMC ProSupport Plus for Enterprise I v.3.0 1 1-July-2019 29 Page 215 of 254 davenportgroup SERVICE FEATURE DESCRIPTION PROSUPPORT PLUS —COVERAGE DETAILS GLOBAL TECHNICAL SUPPORT Customer contacts Dell EMC by telephone or web interface on a 24x7 basis to report an Equipment or Software problem and provides input for initial assessment of Severity Level*. Dell EMC provides (i) a response by remote means using a senior level Dell EMC technical support resource for troubleshooting assistance based on the Severity Level of the problem; or (ii) when deemed necessary by Dell EMC, Onsite Response as described below. Included. ONSITE RESPONSE Dell EMC sends authorized personnel to Installation Site to work on the problem after Dell EMC has isolated the problem and deemed Onsite Response necessary. Included for Equipment only. Initial Onsite Response objective is based on the option purchased by the Customer. The options available to the Customer are the following; either 1) a four-hour service response during the same business day, or 2) a service response during the next local business day, during normal business hours, after Dell EMC deems Onsite Support is necessary. 4-Hour Mission Critical On -site Response Typically arrives on -site within 4 hours after completion of telephone - based troubleshooting. • Available seven (7) days each week, twenty-four (24) hours each day - including holidays. • Available within defined four (4) hour response locations. • 4 Hour parts locations stock essential operational components, as determined by Dell EMC. Non -essential parts may be shipped using overnight delivery. • Ability to define if the issue is a Severity 1 upon remote supports initial diagnosis • Critical situation procedures - Severity level 1 issues are eligible for quick Escalation/Resolution Manager and "CritSit" incident coverage. • Emergency dispatch - onsite service technician dispatched in parallel with immediate phone -based troubleshooting for Severity 1 issues. Next Business Day On -site Response Following telephone -based troubleshooting and diagnosis, a technician can usually be dispatched to arrive on -site the next business day. • Calls received by Dell EMC after local cutoff at Customer site local time may require an additional business day for service technician to arrive at Customer's location. • Available only on select models of Products. Onsite Response does not apply to Software and may be separately purchased. *SEVERITY LEVEL DEFINITIONS SEVERITY 1 Critical — loss of ability to perform critical business functions and requires immediate response SEVERITY 2 High — able to perform business functions, but performance/capabilities are degraded or severely limited. SEVERITY 3 Medium/Low — little to no business impact. Dell EMC ProSupport Plus for Enterprise I v.3.0 I 1-July-2019 30 Page 216 of 254 davenportgroup REPLACEMENT PARTS DELIVERY Dell EMC provides replacement parts when deemed necessary by Dell EMC. Included. Replacement parts delivery objective is based on the option purchased by the Customer. The options available to the Customer are the following; either 1) a four-hour service response during the same business day, or 2) a service response during the next local business day, during normal business hours, after Dell EMC deems that a replacement part delivery is necessary Local country shipment cut-off times may impact the same day/next local business day delivery of replacement parts. Installation of all replacement parts performed by Dell EMC as part of Onsite Response, but Customer has option to perform installation of Customer Replaceable Units (CRUs). See Dell EMC Product Warranty and Maintenance Table for listing of parts designated as CRUs for specific Equipment or contact Dell EMC for more details. If Dell EMC installs the replacement part, Dell EMC will arrange for its return to an Dell EMC facility. If Customer installs the CRU, Customer is responsible for returning the replaced CRU to a facility designated by Dell EMC. PROACTIVE SOLID STATE DRIVE REPLACEMENT Included for Storage and Converged Products. If the Endurance Level (as defined below) for any solid-state drive prior to the device reaching its full capacity or less (as determined by Dell EMC) the Customer is eligible to receive a replacement solid state drive. Endurance Level means the average percentage of life span remaining on the eligible SSD. Included. Response objective is based on the applicable Replacement Parts Delivery and Onsite Response service features detailed above. Customer must activate and maintain the currently supported version(s) of SupportAssist and/or Secure Remote Support software during the applicable term of support. SupportAssist and/or Secure Remote Support enablement, as applicable is a prerequisite for these additional renewal service features. RIGHTS TO NEW Dell EMC provides the rights to new RELEASES OF Software Releases as made generally available by Dell EMC. SOFTWARE Included. INSTALLATION OF NEW SOFTWARE RELEASES Dell EMC performs the installation of new Software Releases. Included for Software which Dell EMC determines is Equipment operating environment Software5 and only when the associated Equipment into which the operating environment Software is being installed is covered by an Dell EMC warranty or then current Dell EMC maintenance contract. Equipment operating environment Software is defined as software programming and/or microcode firmware needed to enable the Equipment to perform its basic functions, and without which the equipment cannot operate. Customer performs the installation of new Software Releases of Software (that is, Software not classified as Equipment operating environment Software, or Equipment operating environment software that is deemed by Dell EMC to be self -installable), unless otherwise deemed necessary by Dell EMC. 5 Installation of new Software Releases for the Dell EMC Converged and Hyperconverged Infrastructure systems, including but not limited to software versions posted on applicable interoperability configuration matrices (The Dell EMC Simple Support Matrix or the Release Certification Matrix) may require the purchase of a separate services engagement from Dell EMC. The Simple Support Matrix and Release Certification Matrix includes list of certified versions of software, firmware, and hardware for a specific releases available at https://support.emc.com/products/42676 VxRack-SDDC and https://cosdocs.dellemc.com/rcm/#/home respectively. Dell EMC ProSupport Plus for Enterprise I v.3.0 11-July-2019 31 Page 217 of 254 davenportgroup 24X7 REMOTE MONITORING AND REPAIR 24X7 ACCESS TO ONLINE SUPPORT TOOLS TECHNOLOGY SERVICE MANAGER ("TSM") Certain Products will automatically and independently contact Dell EMC to provide input to assist Dell EMC in problem determination. Dell EMC remotely accesses Products if necessary for additional diagnostics and to provide remote support. Customers who have properly registered have access on a 24x7 basis to Dell EMC's web -based knowledge and self-help Customer support tools via the Dell EMC Online Support site. The ProSupport Plus for Enterprise assigned TSM is a remote resource that provides a wide range of system, environmental and account management features and capabilities designed to reduce downtime and improve the overall support experience from Dell EMC. Included with the Service: Onboarding assistance: Ensuring the customer is fully enabled to receive the ProSupport Plus service by: > Verifying the accuracy of relevant Customer support information such as account name, address, etc. ➢ Providing knowledge transfers such as how to contact Dell EMC to open service requests and use of Dell EMC support tools and technologies ➢ Designating schedule for TSM deliverables such as reporting and service reviews Monthly Reporting: Reporting and recommendations on entitled systems including: > Summary of open and closed service requests by month; ➢ Verification of currently installed system software versions against target code recommendations; and > Contract status, including starUend dates and other basic contract details. In order to fully enable monthly reporting, Dell EMC connectivity technologies such as SupportAssist and/or Secure Remote Support must be installed with the appropriate log collection options enabled Included for Products that have remote monitoring tools and technology available from Dell EMC. Once Dell EMC is notified of a problem, the same response objectives for Global Technical Support and Onsite Response will apply as previously described. Included. Included on Products covered by ProSupport Plus for Enterprise service or then current maintenance contract during Dell EMC's normal local business hours which may vary by region and country, excluding Dell EMC and local holidays. See additional Coverage Details below. Dell EMC is responsible for performing only the TSM activities and tasks expressly specified in this document. All other tasks, activities and services are out of scope. Dell EMC ProSupport Plus for Enterprise I v.3.0 I 1-July-2019 32 Page 218 of 254 „• • •, ;.'•'• • • • • • •••*, davenportgroup TECHNOLOGY SERVICE MANAGER ("TSM”) CONTINUED Service Review: The TSM provides a service review of the details in the Service Report. Schedule, timeframe and other topics to be reviewed will be determined between the TSM and the Customer during Onboarding. System Maintenance For entitled assets, the TSM will assist Customer in coordinating delivery of System Maintenance events within the Customer's maintenance window. See below for additional information. Dell EMC Escalation Support: Acting as the Services liaison to coordinate all resources necessary to address individual Severity 1 issues or more systemic problems. Customer Responsibilities for TSM Service Feature Dell EMC's provision of the TSM service feature detailed above is contingent upon the Customer fulfilling the following responsibilities: • Making an appropriate system maintenance window(s) available for the TSM as deemed necessary by Dell EMC. • Ensuring that all environment, technical and operational requirements are met. • Providing the TSM with timely access to (a) at least one technical contact with system administration responsibilities and appropriate system/information access privileges, and (b) applicable subject matter experts, systems and networks (including, without limitation, remote systems/ network access) as deemed necessary by Dell EMC. • Assuming all responsibility for network connectivity, performance, and configuration issues. • Verifying that the Equipment location(s) is/are prepared prior to the commencement of ProSupport Plus for Enterprise. Additional important information on TSM Service Feature • Availability of the TSM service is during normal business hours. Business hours are defined by the location where the TSM resides and may vary by region and country. At Dell EMC's discretion and when deemed necessary by Dell EMC, TSM services may be performed onsite. • Afterhours support may be provided by other resources within Dell EMC at Dell EMC's discretion. • The location of the TSM will be assigned during on -boarding based on Customer's preferred service area and staffing availability. PROSUPPORT PLUS FOR ENTERPRISE SYSTEM MAINTENANCE ProSupport Plus System Maintenance provides Dell EMC customers with necessary remote maintenance events occurring during the term of the service contract on devices covered by ProSupport Plus for Enterprise and monitored under applicable Dell EMC connectivity technology, such as SupportAssist and/or Secure Remote Services, as applicable. System maintenance helps maintain performance and may reduce the likelihood of future incidents due to incompatible hardware, software, BIOS, and firmware versions. System Maintenance events are coordinated between the customers, the TSM and Dell EMC support personnel. Delivery of System Maintenance is generally available 24x7x365, but may be subject to mutual customer and Dell EMC resource availability. Dell recommends System Maintenance occur twice per year. Certain Products may have limitations on the number of times System Maintenance may be performed per year. Please consult with your sales representative or assigned TSM for a list of supported Products and any applicable limitations. Dell EMC ProSupport Plus for Enterprise I v.3.0 I 1-July-2019 33 Page 219 of 254 davenportgroup Not Included in ProSupport Plus for Enterprise System Maintenance • Updates on interconnected devices not covered by a current ProSupport Plus for Enterprise support contract. • Updates on any software without corresponding entitlement to such updates under an appropriate, software support contract by either Dell or a third party for select Third Party Products. • Operating System and hypervisor patch creation or other related engineering or software development support. • Creation of application patches. • Onsite delivery of maintenance. • De -installation or installation of additional hardware, or configuration tasks. • Installation or configuration of software not specifically listed in this Service Description • Application performance tuning. • Virus, spyware, or malware identification or removal. • Any other updates or other activities not specifically documented within this Service Description. Additional Important Information about ProSupport Plus for Enterprise System Maintenance • During the maintenance event, upgrades may cause a temporary loss of connectivity to other attached devices. • After completion of the upgrade attached devices may need to be rebooted and connectivity verified. • System(s) to be upgraded must be made available to Dell EMC or Dell EMC-authorized agents during the agreed upon maintenance window. • Depending on the system(s) to be upgraded an additional system management system or resource may need to be made available. • Depending on the system(s) to be upgraded appropriate administrative rights to the device may need to be provided to Dell EMC or Dell EMC authorized agents. • Customer is responsible for having and maintaining all license requirements pertaining to Equipment and Software updates. • In the event that updating Software on entitled Product could cause degradation or impact performance on other unentitled Product, Dell EMC in consultation with the customer may choose to not proceed with the System Maintenance activity until that situation is resolved. • In order to fully enable ProSupport Plus for Enterprise System Maintenance, applicable connectivity technology such as Dell EMC SupportAssist and/or Secure Remote Support must be installed with log collection options enabled. COLLABORATIVE ASSISTANCE If a Customer opens a service request and Dell EMC determines that the problem arises with an eligible third -party vendor's products commonly utilized in conjunction with Products covered by a current Dell EMC warranty or maintenance contract, Dell EMC will endeavor to provide Collaborative Assistance under which Dell EMC: (i) serves as a single point of contact until the problems are isolated; (ii) contacts the third -party vendor; (iii) provides problem documentation; and (iv) continues to monitor the problem and obtain status and resolution plans from the vendor (where reasonably possible). To be eligible for Collaborative Assistance, Customer must have the appropriate active support agreements and entitlements directly with the respective third -party vendor and Dell EMC or an authorized Dell EMC reseller. Once isolated and reported, the third -party vendor is solely responsible to provide all support, technical and otherwise, in connection with resolution of the Customer's problem. Dell EMC IS NOT RESPONSIBLE FOR THE PERFORMANCE OF OTHER VENDORS' PRODUCTS OR SERVICES. A list of Dell EMC ProSupport Plus for Enterprise I v.3.0 I 1-July-2019 34 Page 220 of 254 davenportgroup Collaborative Assistance partners can be found on the Collaborative Assistance List . Please note that supported third -party products may change at any time without notice to Customers. DELL EMC SYSTEM SOFTWARE SUPPORT Dell EMC Software support included within ProSupport Plus for Enterprise provides support for select Third Party Products, including select end -user applications, operating systems, hypervisors and firmware when such Third Party Products are 1) used with and are currently installed and operating on Products at the time that support is requested, and 2) covered by an existing ProSupport Plus for Enterprise support and maintenance term of service. This level of support is provided on entitled ProSupport Plus for Enterprise Equipment, regardless of how the eligible software was purchased and licensed, but Customer is responsible for ensuring that such eligible software was purchased and licensed properly according to the publisher. Customer is solely responsible for correcting any problems with licenses and purchases of eligible software to be eligible to receive these Services at any time during the coverage period. A list of eligible software can be found on the Comprehensive Software Support List. Please note that supported Third Party Products may change at any time without notice to Customers. Situations giving rise to Customer's questions must be reproducible on a single system, which may be physical or virtual. Customer understands and accepts that resolutions of certain issues giving rise to Customer's service request may not be available from the publisher of the relevant software title and may require support from the publisher, including installation of additional software or other changes to Products, Customer accepts that in such situations where no resolution is available from the publisher of the relevant software title, Dell's obligation to provide support to the Customer will be fully satisfied. Additional Terms and Conditions Applicable to End Users Purchasing Product(s) from an OEM An "OEM” is a reseller who sells the Supported Products in a capacity as an original equipment manufacturer that is purchasing Dell EMC Products and Services from the OEM Solutions (or its successor) business group for an OEM project. An OEM typically embeds or bundles such Dell EMC Products in or with OEM Customer's proprietary hardware, software or other intellectual property, resulting in a specialized system or solution with industry or task -specific functionality (such system or solution an "OEM Solution") and resells such OEM Solution under OEM's own brand. With respect to OEMs, the term "Supported Products" includes Dell EMC Supported Products that are provided without Dell EMC branding (i.e. unbranded OEM -ready system), and "End -User" means you, or any entity purchasing an OEM Solution for its own end -use and not for reselling, distributing or sub -licensing to others. It is OEM's responsibility to provide first level troubleshooting to the End User. An appropriate best -effort initial diagnosis should be performed by OEM before the call goes to Dell. This OEM maintains responsibility for providing the initial troubleshooting even when its End User engages Dell EMC to request service, and if an End User contacts Dell EMC for service without contacting their OEM, Dell EMC will ask the End User to contact their OEM to receive first level troubleshooting before contacting Dell. Dell EMC ProSupport Plus for Enterprise on Non -Standard Parts in Custom Server Products The repairs and exchanges of non-standard or unique parts ("Non -Standard Component Support Services") are a value-added exchange service complementing Customer's PowerEdge Product warranty that covers standard Dell EMC components in a standard configuration, and that require replacement due to defects in workmanship or materials ("Warranty Repairs"). Dell EMC branded firmware/software for "Non -Standard Components" is NOT available, and the Customer must use manufacturer provided utilities to monitor and/or update the component. The Customer will also work with the manufacturer directly to resolve any quality issues related to software/firmware, utilities, and hardware. Dell EMC will provide Non -Standard Support Services to replace non-standard or unique parts that Customer forecasted and guaranteed to be available as set forth above, and once Customer has made corresponding arrangements to assist Dell EMC in placing any orders for service stock in order to facilitate repair activity. Provided Customer has accurately forecasted stocking needs, and Dell EMC is not liable to Customer to ensure part availability, Dell EMC will exchange the part that exhibits a defect according to the Customer's applicable response time for Warranty Repairs and install the replacement part in the Customer's Product. Same day (e.g. 4 hour) parts and field response may not be available for "non-standard" component replacement, and Dell EMC will default to Next Business Day Service in these cases. Replacement parts may be new or refurbished as permitted by local law, and fulfillment of Non - Standard Component Support Services repairs and exchanges may require Dell EMC to utilize a third party manufacturer/third party publisher's warranty and/or maintenance services, and Customer agrees to assist Dell EMC and provide any materials requested by any third party manufacturer or third party publisher to facilitate utilization of the corresponding third party warranty and/or maintenance services. Dell EMC ProSupport Plus for Enterprise I v.3.0 I 1-July-2019 35 Page 221 of 254 davenportgroup Dell EMC's engineering testing of the resulting configuration pursuant to a separate statement of work (SOW) after installation of the non-standard or unique parts, software requested by Customer is a point in time activity and the Non -Standard Component Support Services are available only on the specific configuration as defined by Customer and tested by Dell EMC. Dell EMC will communicate the exact hardware configuration tested including firmware levels. Once engineering testing is complete Dell EMC will provide the results via reports with indication of Pass/Fail. Dell EMC will use commercially reasonable efforts to support recognition and operation of the non-standard component on the Dell EMC Product, however modification of Dell EMC standard utilities (including BIOS, IDRAC, and SupportAssist) will not be supported. Customer will be responsible for working with the manufacturer directly to resolve any non- standard component issues which arise during engineering testing (including quality issues, software, firmware, or hardware specifications/limitations). Additional Dell EMC engineering testing after Customer has received a report with an indication of PASS will require a new SOW and associated non -recurring engineering fees, including any engineering testing requested in connection with a repair or replacement of any component of the configuration during the warranty term of the Customer's Equipment. Other Details about Your Service The warranty periods and support options ("Support Information”) on this website apply (i) only between Dell EMC and those organizations that procure the applicable products and/or maintenance under a contract directly with Dell EMC (the "Dell EMC Customer"); and (ii) only to those products or support options ordered by the Dell EMC Customer at the time that the Support Information is current. Dell EMC may change the Support Information at any time. Other than changes caused by publishers and manufacturers of Third Party Products, the Dell EMC Customer will be notified of any change in the Support Information in the manner stated in the then current product ordering and/or maintenance related agreement between Dell EMC and the Dell EMC Customer, but any such change shall not apply to products or support options ordered by the Dell EMC Customer prior to the date of such change. Dell EMC will have no obligation to provide Support Services with respect to Equipment that is outside the Dell EMC Service Area. "Dell EMC Service Area" means a location that is within (i) one hundred (100) drivable miles of an Dell EMC service location for Storage and Data Protection Equipment and/or components; and (ii) the same country as the Dell EMC service location, unless otherwise defined in your governing agreement with Dell EMC, in which case the definition in the governing agreement prevails. This Service is not available at all locations. If your Product is not located in the geographic location that matches the location reflected in Dell EMC's service records for your Product, of if configuration details have been changed and not reported back to Dell EMC, then Dell EMC must first re -qualify your Product for the support entitlement you purchased before applicable response times for the Product can be reinstated. Service options, including service levels, technical support hours, and on -site response times will vary by geography and configuration, and certain options may not be available for purchase in Customer's location, so please contact your sales representative for these details. Dell EMC's obligation to supply the Services to relocated Products is subject to various factors, including without limitations, local Service availability, additional fees, and inspection and recertification of the relocated Products at Dell EMC's then -current time and materials consulting rates. Products or services obtained from any Dell EMC reseller are governed solely by the agreement between the purchaser and the reseller. That agreement may provide terms that are the same as the Support Information on this website. The reseller may make arrangements with Dell EMC to perform warranty and/or maintenance services for the purchaser on behalf of the reseller. Please contact the reseller or the local Dell EMC sales representative for additional information on Dell EMC's performance of warranty and maintenance services on Products obtained from a reseller. CONTACT US To learn more, contact your local representative or authorized reseller. Copyright © 2008-2019 EMC Corporation. All Rights Reserved. EMC and other trademarks are trademarks of EMC Corporation or other applicable affiliates of Dell Inc. Other trademarks may be the property of their respective owners. Published in the USA. H16454.2 EMC Corporation believes the information in this document is accurate as of its publication date. The information is subject to change without notice. Rev. June 18, 2019 36 Page 222 of 254 CITY OF WATERLOO Council Communication Resolution approving general, automobile, public official's errors & omissions, law enforcement and employment practices and umbrella liability coverage with Travelers Insurance, excess umbrella liability coverage with Allied Public Risk, property insurance coverage with Chubb, and workers compensation and third party administration services with Safety National, for a total premium of $1,622,990, with recommendation of approval from the Insurance Committee. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Clerk Office Felchle, Kelley Approved SUBJECT: Date 6/24/2020 - 10:54 AM Resolution approving general, automobile, public official's errors & omissions, law enforcement and employment practices and umbrella liability coverage with Travelers Insurance, excess umbrella liability coverage with Allied Public Risk, property insurance coverage with Chubb, and workers compensation and third party administration services with Safety National, for a total premium of $1,622,990, with recommendation of approval from the Insurance Committee. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval Page 223 of 254 CITY OF WATERLOO Council Communication Resolution adopting the rate of $1.00 per hour, with the first hour free and a cap of $12 per day, for parking in the ramp located on Commercial Street, on the block between Fourth and Fifth Streets, effective July 1, 2020. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/24/2020 - 11:53 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 12:02 PM ATTACHMENTS: Description Type ❑ Commercial Street Ramp Rate Council Comm Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution adopting the rate of $1.00 per hour, with the first hour free and a cap of $12 per day, for parking in the ramp located on Commercial Street, on the block between Fourth and Fifth Streets, effective July 1, 2020. Submitted By: Michelle Weidner, Chief Financial Officer Resolution adopting the rate of $1.00 per hour, with the first hour free and a cap of $12 per day, for parking in the ramp located on Commercial Street on the block between Fourth and Fifth Streets, effective July 1, 2020. As you know, new parking equipment was purchased for this ramp. It was less expensive to purchase equipment that does not process coins. The rates to park in the ramp need to be updated so that coins are not required. Rates from other ramps in Iowa as well as a few outside Iowa were reviewed. This rate appears to be reasonable when compared to others. It's hoped that providing the first hour free will encourage visitors to park in the ramp to free up on -street parking for short-term parkers. Page 224 of 254 CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: June 29, 2020 HART Prepared: June 23, 2020 Dept. Head Signature: Michelle Weidner COUNCIL MEMBERS Number of Attachments: None MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large SUBJECT: Commercial Street (on the block between Fourth and Fifth Streets) Parking Ramp Rates Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Resolution adopting the rate of $1.00 per hour, with the first hour free and a cap of $12 per day for parking in the ramp located on Commercial Street on the block between Fourth and Fifth Streets, effective July 1, 2020. Summary Statement: As you know, new parking equipment was purchased for this ramp. It was less expensive to purchase equipment that does not process coins. The rates to park in the ramp need to be updated so that coins are not required. Rates from other ramps in Iowa as well as few outside Iowa were reviewed. This rate appears to be reasonable when compared to others. It's hoped that providing the first hour free will encourage visitors to park in the ramp to free up on -street parking for short-term parkers. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 225 of 254 CITY OF WATERLOO Council Communication Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2020 City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 6/24/2020 - 11:03 AM Clerk Office Even, LeAnn Approved 6/24/2020 - 11:40 AM ATTACHMENTS: Description Type ❑ Non Bargaining Wage Increase Letter Backup Material ❑ Proposed Non Bargaining Wage Increase Backup Material SUBJECT: Submitted by: Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2020. Submitted By: Lance Dunn, Human Resources Director Page 226 of 254 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA Human Resources Department 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 June 23, 2020 Mayor and City Council I am writing in reference to the item on the City Council agenda that recommends a 2.5% across the board increase for all non -bargaining employees. This same increase will be granted to a majority of the bargaining unit employees under the various collective bargaining agreements. I have attached a chart that shows the proposed hourly rate and annual salary for each non - bargaining employee. Granting a similar salary increase for non -bargaining employees in comparison to bargaining employees helps in avoiding wage compression between managers and the employees they supervise and should increase productivity as a result. The finance Department has calculated an approximate cost of $188,151 for this increase with $112,983 of this amount coming from the general fund. The dollars to fund this increase were approved by the City Council for next year's budget. Sincerely, toffee Otto( Lance Dunn Human Resources Director Cc: file WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 227 of 254 Employee Department AIR - Airport 10187 COMBS, SHEILA M 10969 KASPARI, KEITH D Primary Pay Rate Yes Yes Department ATTY - City Attorney 10005 AKIN, SHERYL D Yes HOURLY 11913 PETERSEN, MARTIN M Yes HOURLY Department ATTY - City Attorney Department BLDG_INSP - Building Department/Inspections 10176 AHLHELM, GREGORY A 11387 SPARKS, JENNIFER L Department Department CA - Cultural & Arts 10363 ANDREWS, ELIZABETH 10710 BURKLE, CAMILLE LYNN 11808 ETRINGER, JONATHAN L 11508 GRAHAM, CAYLIN J 10362 HAWKENSON, PAULETTE 10823 KLENSKE, THOMAS J 11966 LAUE, CRAIG R 10369 PAIGE, CHAWNE 10820 REID, ANGELA J 10373 SHANKLE,KENT 10866 WELLHOUSE, AMANDA CAROLINE 10945 WELSH, JASON RICHARD Department CC - City Clerk 11378 EVEN, LEANN M 11035 FELCHLE, KELLEY M 10994 HIGBY, NANCY A Department CD - Community Development 10097 CHESMORE, MATTHEW C 11522 FORDYCE, ANGELA K 10104 JONES, RUDY 10101 MARTIN, JON D 103938 MARTIN, KELLY 11204 ROUSSELOW, ANITA J 11385 SMITH, FELICIA D Yes HOURLY Yes HOURLY BLDG_INSP - Building Department/Inspections Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY HOURLY Department CA - Cultural & Arts Base Rate HOURLY 23.05 HOURLY 51.89 Department AIR - Airport Employees 2 25.33 55.29 Employees 2 43.06 25.47 Employees 2 17.86 22.12 15.00 16.40 24.31 17.86 19.00 25.01 25.01 41.99 15.38 18.75 Employees 12 HOURLY 28.46 HOURLY 39.35 HOURLY 23.83 Department Employees 3 HOURLY 26.65 HOURLY 30.28 HOURLY 43.46 HOURLY 24.18 HOURLY 19.50 HOURLY 23.83 HOURLY 25.23 CC - City Clerk Employee Pay Rate Report Effective 07/01/20 Pay Types - Hourly, Salary, Annual Proposed Increase 2.50% Proposed Annual Rate 38,355.20 23.63 107,931.20 53.19 $146,286.40 52,686.40 115,003.20 $167,689.60 89,564.80 52,977.60 $142,542.40 37,148.80 46,009.60 31,200.00 34,112.00 50,564.80 37,148.80 39,520.00 52,020.80 52,020.80 87,339.20 31,990.40 39,000.00 $538,075.20 59,196.80 81,848.00 49,566.40 $190,611.20 55,432.00 62,982.40 90,396.80 50,294.40 40,560.00 49,566.40 52,478.40 Proposed Annual 39,320.32 110,635.20 $149,955.52 25.96 53,996.80 56.67 117,873.60 $171,870.40 44.14 91,811.20 26.11 54,308.80 18.31 22.67 15.38 16.81 24.92 18.31 19.48 25.64 25.64 43.04 15.76 19.22 29.17 40.33 24.43 27.32 31.04 44.55 24.78 19.99 24.43 25.86 $146,120.00 38,084.80 47,153.60 31,990.40 34,964.80 51,833.60 38,084.80 40,518.40 53,331.20 53,331.20 89,523.20 32,780.80 39,977.60 $551,574.40 60,673.60 83,886.40 50,814.40 $195,374.40 56,825.60 64,563.20 92,664.00 51,542.40 41,579.20 50,814.40 53,788.80 Run by Lance Dunn on 06/23/2020 09:34:15 AM Page 228 of 254 Page 1 of 5 Employee Pay Rate Report Effective 07/01/20 Pay Types - Hourly, Salary, Annual Proposed Increase 2.50% Proposed Proposed Employee Primary Pay Rate Base Rate Annual Rate Annual Department CD - Community Development 11956 SMITH, MINDY M Yes HOURLY 18.00 37,440.00 18.45 38,376.00 Department CD - Community Development Employees 8 $439,150.40 $450,153.60 Department ENG_RUT - Engineering/Road Use Tax 10036 GENTZ, DENNIS J Yes HOURLY 46.38 96,470.40 47.54 98,883.20 10038 KNUTSON, JAMIE Yes HOURLY 51.00 106,080.00 52.28 108,742.40 Department ENG_RUT - Engineering/Road Use Tax Employees 2 $202,550.40 $207,625.60 Department FD - Fire Department 10440 BECK, WILLIAM 10521 BROCKWAY, PATRICIA 10517 BRUMBAUGH, BEVERLY S 10477 LUCK, TROY L 10503 MOORE, MICHAEL 10449 PETERSEN, BENJAMIN 10522 TRELOAR, PATRICK A Yes HOURLY 36.73 101,227.88 37.65 103,763.40 Yes HOURLY 34.91 72,612.80 35.78 74,422.40 Yes HOURLY 23.83 49,566.40 24.43 50,814.40 Yes HOURLY 36.73 101,227.88 37.65 103,763.40 Yes HOURLY 36.73 101,227.88 37.65 103,763.40 Yes HOURLY 36.73 101,227.88 37.65 103,763.40 Yes HOURLY 56.87 118,289.60 58.29 121,243.20 Department FD - Fire Department Employees 7 $645,380.32 $661,533.60 Department FD_AMB - Fire Department/Ambulance 10516 CHRISTIANSEN, ERICA L Yes HOURLY 23.51 36,910.70 24.10 37,837.00 Department FD_AMB - Fire Department/Ambulance Employees 1 $36,910.70 $37,837.00 Department FIN - Finance 11523 BAHR, KIMBERLY A 10008 BOHLEN, BRENT A 10009 GRAHAM, EMILY 10006 WEIDNER, MICHELLE C Department GAR - Central Garage 11324 STRANGE, RICHARD MICHAEL Department HR - Human Resources 10018 CULPEPPER, NANCY A 103959 DUNN, LANCE 10019 FISCHELS, NICOLE 10020 HUDDLESTON, CHERYL Department HRTS - Human Rights 10409 BURCH, SHELLY L 10410 FUNCHESS, ABRAHAM L Yes HOURLY 28.51 Yes HOURLY 33.59 Yes HOURLY 31.32 Yes HOURLY 61.11 Department FIN - Finance Employees 4 59,300.80 29.22 60,777.60 69,867.20 34.43 71,614.40 65,145.60 32.10 66,768.00 127,108.80 62.64 130,291.20 $321,422.40 $329,451.20 Yes HOURLY 34.62 72,009.60 35.49 73,819.20 Department GAR - Central Garage Employees 1 $72,009.60 $73,819.20 Yes HOURLY 23.83 49,566.40 24.43 50,814.40 Yes HOURLY 45.89 95,451.20 47.04 97,843.20 Yes HOURLY 28.06 58,364.80 28.76 59,820.80 Yes HOURLY 34.21 71,156.80 35.07 72,945.60 Department HR - Human Resources Employees 4 $274,539.20 $281,424.00 Yes HOURLY 23.83 49,566.40 24.43 50,814.40 Yes HOURLY 38.89 80,891.20 39.86 82,908.80 Run by Lance Dunn on 06/23/2020 09:34:15 AM Page 229 of 254 Page 2 of 5 Employee Department HRTS - Human Rights 10411 JOHNSON, REBECCA Employee Pay Rate Report Effective 07/01/20 Pay Types - Hourly, Salary, Annual Proposed Increase 2.50% Proposed Proposed Primary Pay Rate Base Rate Annual Rate Annual Yes HOURLY 26.33 54,766.40 26.99 56,139.20 Department HRTS - Human Rights Employees 3 $185,224.00 $189,862.40 Department HSG_RT - Housing/Ridgeway Towers 11791 KIRBY, RICHARD T Yes HOURLY 22.56 46,924.80 23.12 48,089.60 Department HSG_RT - Housing/Ridgeway Towers Employees 1 $46,924.80 $48,089.60 Department HSG_VCH - Housing/Voucher 10581 COSBY, BEVERLY A Yes HOURLY 26.39 54,891.20 27.05 56,264.00 10127 DAWSON, JULIE A Yes HOURLY 37.39 77,771.20 38.32 79,705.60 10124 HILL-DORRIS, WANDA K Yes HOURLY 26.39 54,891.20 27.05 56,264.00 11325 JACKSON, DANA LEE Yes HOURLY 28.36 58,988.80 29.07 60,465.60 11978 MUHIC, SENADA Yes HOURLY 22.51 46,820.80 23.07 47,985.60 10126 WESSELS, JANET L Yes HOURLY 26.39 54,891.20 27.05 56,264.00 11021 WRIGHT, TAJAH MAREE Yes HOURLY 26.39 54,891.20 27.05 56,264.00 Department HSG_VCH - Housing/Voucher Employees 7 $403,145.60 $413,212.80 Department LIB - Library 10570 CHAPMAN, KIM Yes HOURLY 32.53 67,662.40 33.34 69,347.20 11500 GIESLER, ROBERT R Yes HOURLY 31.90 66,352.00 32.70 68,016.00 10566 PETERSEN, LORI A Yes HOURLY 33.78 70,262.40 34.62 72,009.60 10569 ROSSMAN, NICHOLAS Yes HOURLY 50.48 104,998.40 51.74 107,619.20 10545 ROUSSELOW, AMY L Yes HOURLY 30.56 63,564.80 31.32 65,145.60 11815 RUTLEDGE, JILLIAN E Yes HOURLY 33.22 69,097.60 34.05 70,824.00 Department LIB - Library Employees 6 $441,937.60 $452,961.60 Department LS_GLF - Leisure Services/Golf 10327 BOLGER, JAMES Yes HOURLY 34.97 72,737.60 35.84 74,547.20 Department LS_GLF - Leisure Services/Golf Employees 1 $72,737.60 $74,547.20 Department LS_PRKS - Leisure Services/Parks 10351 BACHMAN, WILLIAM C Yes HOURLY 44.44 92,435.20 45.55 94,744.00 10352 DERIFIELD, TODD Yes HOURLY 34.97 72,737.60 35.84 74,547.20 10353 HUTING, PAUL Yes HOURLY 52.95 110,136.00 54.27 112,881.60 10346 NICHOLS, TRAVIS Yes HOURLY 34.97 72,737.60 35.84 74,547.20 10335 WELSH, MADONNA Yes HOURLY 24.76 51,500.80 25.38 52,790.40 Department LS_PRKS - Leisure Services/Parks Employees 5 $399,547.20 $409,510.40 Department LS_SPLX - Leisure Services/SportsPlex 101454 BOSS, BRIANNE Yes HOURLY 23.13 48,110.40 23.71 49,316.80 100935 DAVIS, MICHELLE Yes HOURLY 23.13 48,110.40 23.71 49,316.80 10266 DENNER, CRAIG Yes HOURLY 23.13 48,110.40 23.71 49,316.80 Run by Lance Dunn on 06/23/2020 09:34:15 AM Page 230 of 254 Page 3 of 5 Employee Pay Rate Report Effective 07/01/20 Pay Types - Hourly, Salary, Annual Proposed Increase 2.50% Employee Primary Pay Rate Base Rate Department LS_SPLX - Leisure Services/SportsPlex 10281 ETRINGER, ROBERT J Yes HOURLY 30.04 62,483.20 30.79 64,043.20 10283 GALLAGHER, MARK Yes HOURLY 39.78 82,742.40 40.77 84,801.60 10624 MOELLER, KATHRYN LYNN Yes HOURLY 23.13 48,110.40 23.71 49,316.80 Department LS_SPLX - Leisure Services/SportsPlex Employees 6 Department LS_SPRT - Leisure Services/Sports 10282 HILDMAN, ALEX Yes HOURLY 23.13 48,110.40 23.71 49,316.80 Department LS_SPRT - Leisure Services/Sports Employees 1 $48,110.40 $49,316.80 Department LS_YA - Leisure Services/Young Arena 10195 DOLAN, CHRISTOPHER Yes HOURLY 34.97 72,737.60 35.84 74,547.20 10193 SCHAEFER, JACOB J Yes HOURLY 23.13 48,110.40 23.71 49,316.80 10194 SCHARES, JOEL Yes HOURLY 25.03 52,062.40 25.66 53,372.80 Department LS_YA - Leisure Services/Young Arena Employees 3 $172,910.40 $177,236.80 Department MIS - Management Information Systems 11942 KRESS, AGNES M Yes HOURLY 22.50 46,800.00 23.06 47,964.80 10001 STOFFER, EDWARD Yes HOURLY 27.90 58,032.00 28.60 59,488.00 11106 YOUNGBLUT, CHRISTOPHER J Yes HOURLY 48.78 101,462.40 50.00 104,000.00 Department MIS - Management Information Systems Employees 3 Department MYR - Mayor 11409 BOWMAN, WENDY S 11860 WYATT, KENDRA K Department PD - Police Department 3799 FITZGERALD, JOEL F MD 3549 LEIBOLD,JOSEPH 3665 MCGEOUGH, MATTHEW P 3568 MOHLIS, DAVID A 3761 WYBORNEY, KIMBERLY J Department PZ - Planning & Zoning 10109 ANDERSON, NOEL C 10106 MAGEE, PATRICIA 10110 SCHROEDER, ARIC Department ST - Street Department 11786 BENNETT, RANDY L 10091 PAULEY, TONY Proposed Proposed Annual Rate Annual $337,667.20 $346,112.00 $206,294.40 $211,452.80 Yes HOURLY 31.24 47,109.92 32.02 48,286.16 Yes HOURLY 25.63 53,310.40 26.27 54,641.60 Department MYR - Mayor Employees 2 $100,420.32 $102,927.76 Yes HOURLY 67.79 141,003.20 69.48 144,518.40 Yes HOURLY 56.87 118,289.60 58.29 121,243.20 Yes HOURLY 53.28 110,822.40 54.61 113,588.80 Yes HOURLY 53.28 110,822.40 54.61 113,588.80 Yes HOURLY 23.83 49,566.40 24.43 50,814.40 Department PD - Police Department Employees 5 $530,504.00 $543,753.60 Yes HOURLY 56.49 117,499.20 57.90 120,432.00 Yes HOURLY 23.83 49,566.40 24.43 50,814.40 Yes HOURLY 38.86 80,828.80 39.83 82,846.40 Department PZ - Planning & Zoning Employees 3 $247,894.40 $254,092.80 Yes HOURLY 57.90 120,432.00 59.35 123,448.00 Yes HOURLY 36.57 76,065.60 37.48 77,958.40 Run by Lance Dunn on 06/23/2020 09:34:15 AM Page 231 of 254 Page 4 of 5 Employee Primary Pay Rate Base Rate Department ST - Street Department 11868 SEIFRIED, JENNIFER A Yes HOURLY 23.83 Department ST - Street Department Employees 3 Department TRF - Traffic Operations 10056 GRECO, SANDRA 10054 HOLMES, SUSAN C Yes HOURLY Yes HOURLY Department TRF - Traffic Operations Department WMS_SAN - Waste Management/Sanitation 11969 BRUNSON, SCOTT A 10015 ELLIS, ELLA Yes HOURLY Yes HOURLY Department WMS_SAN - Waste Management/Sanitation Department WMS_SWR - Waste 10159 BOWMAN, BRIAN 11593 HENRICH, JULIANNA M 11967 HOSFORD, MATTHEW M Management/Sewer Yes HOURLY Yes HOURLY Yes HOURLY Department WMS_SWR - Waste Management/Sewer Grand Totals Departments 29 43.62 23.83 Employees 2 33.65 25.27 Employees 2 45.09 23.83 48.08 Employees 3 Employees 104 Employee Pay Rate Report Effective 07/01/20 Pay Types - Hourly, Salary, Annual Proposed Increase 2.50% Proposed Proposed Annual Rate Annual 49,566.40 24.43 50,814.40 $246,064.00 $252,220.80 90,729.60 44.71 92,996.80 49,566.40 24.43 50,814.40 $140,296.00 $143,811.20 69,992.00 34.49 71,739.20 52,561.60 25.90 53,872.00 $122,553.60 $125,611.20 93,787.20 46.22 96,137.60 49,566.40 24.43 50,814.40 100,006.40 49.28 102,502.40 $243,360.00 $249,454.40 $7,122,759.34 $7,300,913.08 Run by Lance Dunn on 06/23/2020 09:34:16 AM Page 232 of 254 Page 5 of 5 CITY OF WATERLOO Council Communication Resolution approving an amendment to the Animal Control Services Agreement with the Cedar Bend Humane Society, originally executed June 19, 2017, in conjunction with FY2021 thru FY2023 Animal Control Service Fees, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Traffic Operations Greco, Sandie Approved 6/24/2020 - 12:29 PM Clerk Office Even, LeAnn Approved 6/24/2020 - 12:38 PM ATTACHMENTS: Description Type ❑ Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving an amendment to the Animal Control Services Agreement with the Cedar Bend Humane Society, originally executed June 19, 2017, in conjunction with FY2021 thru FY2023 Animal Control Service Fees, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Traffic Operations and Animal Control Director Approve Resolution This is a 3 year amendment that would change the fee with a one-time increase of $.50 per day per animal, bringing the cost to $18.00 per day to hold the City's stray animals. The hold time is three (3) days without identification. The new cost per animal will be $54.00. The FY2020 cost was $52.50 for the 3 day period. Estimated for FY21 - $77,000.00 Sanitation Funding - 525-17-2400-1314 Strategy: 2.2 - Enlist all City departments and staff members in efforts to promote a safer community. The relationship between the City and CBHS has been very beneficial to the animals and communities of Waterloo and Cedar Falls since the contract was agreed upon in June of 2015. Page 233 of 254 AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES This Amendment to Agreement for Animal Control Services (the "Amendment") is entered into as of , 2020, by and between the City of Waterloo, Iowa ("City") and Cedar Bend Humane Society ("Contractor"). RECITALS A. City and Contractor are parties to a certain Agreement for Animal Control Services (The "Agreement") dated as of June 19, 2017 B. The parties desire to amend the Agreement as set forth herein. Agreement NOW, THEREFORE, in consideration of the premises and other consideration, the receipt and sufficiency of which is acknowledged, the parties hereby agree as follows: 1. The Agreement is to Amend section 7.1 and to substitute in lieu of new Section 7.1 as follows: 7.1 The Contractor shall commence work under this Agreement at 12:01 a.m. on July 1, 2020 and shall thereafter provide services hereunder until 11:59 p.m. on June 30th 2023 with a one-time fee increase of $.50 per day, bringing the cost to $18.00 per day to hold the City's stray animals. The hold time is three days, animals with identification are automatically held seven days at no additional cost to CITY. The new cost per animal would be $54.00. 2. All other fees would remain the same. Litters of kittens, puppies and wildlife litters that have their eyes closed will be charged as one individual animal for the entire litter. Mother animal would be charged separately as one individual animal. Kittens, puppies and wildlife litters with their eyes open will be charged as individuals. 3. Except as modified by this Amendment, the Agreement shall continue unmodified in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement for Animal Control Services by their duly authorized representatives as of , 2020. CEDAR BEND HUMANE SOCIETY CITY OF WATERLOO, IOWA BY: BY: Kristy Gardner, Executive Director Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Page 234 of 254 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Personified, Inc., to allow for improvements to the Bluff Street section abutting 326 West 17th Street, and authorizing Mayor and City Clerk to execute said document. City Council Meeting: 6/29/2020 Prepared: 6/25/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Early Acess ❑ Survey SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Backup Material Backup Material Date 6/25/2020 - 12:56 PM 6/25/2020 - 1:04 PM Resolution approving an Early Access Agreement with Personified, Inc., to allow for improvements to the Bluff Street section abutting 326 West 17th Street, and authorizing Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve The City is working with Personified for the vacate, sale, and conveyance of this portion of Bluff Street - as it is not needed for any City purposes. The Early Access Agreement will allow them to move faster for the improvements, as the hearing is not until July 13th, to better get the work done within contractor's window. None NA Infill Development Sale of Excess Land Not approve The City has vacated many portions of Bluff Street along this corridor, as there is no public need for the right-of-way. This vacate, sale, and conveyance of land will help an existing business expand in this area, as well as put some additional land on the tax rolls. Page 235 of 254 Legal Descriptions: See attached Page 236 of 254 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2020, by and between the City of Waterloo, Iowa ("City") and Personified, Inc. ("Company"). WHEREAS, City and Company are finalizing the terms of a development agreement concerning a project to be undertaken by Company on certain real property described or depicted on Exhibit "A" attached hereto (the "Property"), located in the Rath Urban Renewal and Redevelopment Plan area; and WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to survey work and earth moving. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property is expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property Page 237 of 254 which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA PERSONIFIED, INC. By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 2 Page 238 of 254 This Plat or Subdivision has been reviewed by (City/County). •asn s,JapJoaaJ AJulo3 Jo) pamasad INDEX LEGEND a) m 0 0 0 SEE SHEET 2 FOR DESCRIPTION OF PARCEL "F" • am co co rn M oo N W W D Ct WCM W� wo w5 0— 0Q ¢'- <0 w¢ w< MO d0 co 0 O \ O\�, ! i- I _ 1 0 N �� O �10 \ Lj 0 rn °Ow cc I >--ILu ppi�=- w r W - J j j (J) 0 to w v cr)o o_ ti o ��k Boa N �� ti `r .(It-"( c[1 °ti M • w co 1 -.1 � a.. 1 ca q a q �o E\W W Cn o 0 z Lir “C") U W M ��^ Z 0cD 1 r 1. %C)�a CQ 1 I/ 1-- o,a O CO ri p I 4 / CC `y`/ V NN ' - m Ww 0 W \EK QZ 1- O z / 69. / 0,6 RD i (BEA EAST LINE 0 CO 0 0 } w a_ ce a 0 w co 2 CC U U CC O F�- w rt] cc A? l CV ix M U d m U z U 0 0 0 W UT rn Qti�} CC OLLjxtw ce z Z W CD _ICD W v W iy N ce if m 0 aO II < d. ) U ZO-J� W W U 0- Cn rY Cr) 0 o eL L O 0J W IUD V z W LJJ rn zM c5 n W rn3 cp z TU CD 'J m CT' o =r 0 SHEET 1 OF dye LJ7 01 L. Y1. 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N 0L- a) a) -a L a)0 0 Li) Q2 o ca)IDc�ca)a) 0 r ocn �.a = N • d ate) M 0 o 0 C t r, O U CO CO a) Q a� Z p =N� 0)ar�= pto 03 �d_a =Z o u- LL. a p 4+- C 0 4- � a >, 0 0 Z a) F-r .c Z oc'oZ o R TO C E..45 u) a) a) .z a) O CO t U Y .�O U .� L Q C a) t Fa LC•) W p .E. C C C cn N E p V O co L-j V) 0 p 0)— 0) as p 'O O) ca C= 0 U O7 0)C4 LLI n 4- c 0 c co m a c cn co 0 U ›_,0 c i c a) c co re (n °) o a 3= o LE 0)0 ci)ca >-,— a)c1 a`— 0 0 d C p Cc O p Ce O. U p Q O a) co O, CSi w-c 'O—i E 0 C an) OU C a) c65 N c 'ca o -- 0 C. C 0 p O p�0= p-C'O..C-cN _a a) c CD O - to ▪ a 0 Ti O a) 0 .0 U 04 _ CO ,..CO °� OU p °� a) a) 0 CO Q u) CO F-F-Ct O�U -4-85 �•2 z a a\ LL Containing 12,880 sq. ft. co C 0 .A ' 5 0.. co a) U a co a) -O E a) u) ▪ E [6 co -O - C CB a) cc; %) 0 a C6 00 c o no ▪ a) cn U c O o O co a) c co «=. o as o "C7 U Q • o A a , c E a) n 0N- u) "0 ?, cc N o �'`o U N _0 N 0 0 0't? a0) a=. .00 00) -C o O ' Q CO -0 Z o CO a) C cc • 0 a) 0 � I— CA a) ) t.4— O 2 tea)+ U a) C1�0 Z d C1 CITY OF WATERLOO Council Communication 4:10 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 6/29/2020 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Even, LeAnn Approved Date 6/24/2020 - 12:50 PM Page 241 of 254 CITY OF WATERLOO Council Communication Board of Adjustment minutes of April 28, 2020. City Council Meeting: 6/29/2020 Prepared: 6/23/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 6/24/2020 - 9:59 AM Clerk Office Higby, Nancy Approved 6/24/2020 - 10:13 AM ATTACHMENTS: Description Type ❑ minutes Backup Material SUBJECT: Board of Adjustment minutes of April 28, 2020. Page 242 of 254 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON APRIL 28, 2020 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Brad Condon, April Leadley, John Beckman, and Jeri Thornsberry. Board members present were: John Chiles. Staff in attendance were: Aric Schroeder and Chris Western. Staff members present via Zoom: Noel Anderson. I. Approval of the April 28, 2020 agenda. It was moved by Thornsberry and seconded by Beckman to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on March 24, 2020. It was moved by Thornsberry, seconded by Leadley to approve the minutes of the March 24, 2020 Meeting. Beckman asked that the minutes be edited to add the verbiage that the board approved proposed locations #2 and #3 for the placement of the AirCare trailer. Motion carried unanimously. III. Decision Items 1. Request by Brad Taylor for a variance to the Accessory Structure Regulations to allow for the construction of 40' x 60' (2,400 SF) accessory structure, 600 SF more than the maximum of 1,800 SF allowed and a variance to exceed the maximum height of 15' to allow for a 17' detached garage, 2' feet higher than allowed and a variance to be constructed in the front yard in a "R-2" One and Two Family Residence District, located at 100 Hollywood Avenue. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the neighborhood or on traffic conditions. 2. There has been an existing detached garage in the front that has existed without any negative impact on the area since 1963. 3. The applicant submitted a petition in favor of the request. 4. There has been no opposition to the request. With the following condition: 1. That the existing 560 SF detached garage and the 200 SF shed be removed from the property within two years or when the new home is completed. If the new home is not under construction within two years, the Board shall again review the request for updates and additional information. Thornsberry asked for clarification on the 2-year time frame condition recommended by staff. Western stated that the applicant asked to keep the garages until the new home was built and if there is a delay building the new home the applicant would have to come back before the board and ask for an extension. Chiles and Condon asked for more clarification. Condon suggested that it be a firm time frame. The applicant Brad Taylor stated that any time limit would be fine as he is planning to have the house and pole building done this year. Condon asked which direction the new house would face. The applicant stated that it will be facing east and would be in almost the same exact footprint as the existing home. Thomsberry asked about a utility easement that was mentioned in the applicant's narrative. The applicant stated that he decided to move the building so that it would no longer interfere with the utility easement. Beckman asked about the dump truck that was also mentioned in the narrative. The applicant stated that the truck is used to help his dad with farming and that the truck currently sits outside at his home and he would like to store it inside, one of the reasons for asking for the variance. Beckman asked if the existing home is occupied. The applicant stated that it is not. Page 243 of 254 BOARD OF ADJUSTMENT March 24, 2020 Minutes It was moved by Chiles, seconded by Thornsberry to approve the request by Brad Taylor for a variance to the Accessory Structure Regulations to allow for the construction of 40' x 60' (2,400 SF) accessory structure, 600 SF more than the maximum of 1,800 SF allowed and a variance to exceed the maximum height of 15' to allow for a 17' detached garage, 2' feet higher than allowed and a variance to be constructed in the front yard in a "R-2" One and Two Family Residence District, located at 100 Hollywood Avenue. With the condition that the existing 560 square foot detached garage and the 200 square foot shed be removed from the property within 2-years or when the new home is completed. Motion carried unanimously. 2. Request by Jeff Palmer and Laura Winninger for a variance to the Accessory Structure Regulations to allow for the construction of a 848 SF accessory structure with a 2' side yard setback, 1' less than the minimum required setback of 3', and a variance to exceed the 30% rear yard maximum lot coverage to allow for a 624 SF accessory structure, 119 SF more than the maximum of 505 SF allowed in a "R-1" One and Two Family Residence District, located at 709 Campbell Avenue. Condon noted that he is related to the applicants and would not participate in the discussion or voting, and would have Vice -Chair Thornsberry run the meeting for this request. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the neighborhood or on traffic conditions. 2. There are existing structures in the area that do not meet the minimum side yard setbacks in the area. 3. There has been no opposition to the request. Leadley asked for clarification as to where the new garage would be located. Western stated that the 624 square foot portion of the garage will be in similar location as the existing garage and the 224 square foot portion would be further into the yard toward Campbell Avenue. Chiles discussed the option of the applicant reducing the size of the proposed garage to meet the setbacks. Thornsberry asked Jaqueline Heeney the owner of the home at 711 Campbell Avenue to speak. Chiles suggested that the board hear from the applicant first. The applicant addressed the board and explained that the proposed garage will be moved 20' further north to allow the parking of two vehicles between the garage and alley, and to have room for storage and a work shop. Chiles asked if the extra depth was just for the workshop. The applicant stated it would be for more storage for lawn equipment, motorcycle, etc. Chiles asked where these items are stored currently. The applicant stated that some is stored in the shed adjacent to the garage and some such as the motorcycle is stored in a mini storage facility. Chiles asked if the applicant will be removing the existing storage shed. The applicant indicated he would remove the shed. Jaqueline Heeney the owner of the home at 711 Campbell Avenue expressed concerns over water runoff as there was a fallen downspout from the applicant's garage in her yard. Applicant Laura Winninger stated that she was recently made aware of the fallen downspout and that at the time of purchase the seller was supposed to fix the downspout but as a part of this project they will fix the problem with the construction of the new garage. The applicant Jeff Palmer also stated that they plan to put gutters on both sides of the garage and regrade the site so that the water runoff will flow to the front of the house towards Campbell Avenue. Heeney expressed concerns about the height of the workshop blocking her bedroom windows. Chiles explained that the board is only being asked to approve a variance to the side yard setback not the height. Heeney suggested moving the workshop to the other side or add on to the house so as to not to block her bedroom windows. Chiles stated that the applicant is only asking to be 1' short of what's legal. Heeney stated but its 26' long at 2' away from my house. Chiles reiterated that the board can only look at the request for variances to the side yard setback and the 30% rear yard lot coverage. Heeney disagreed with the staff report that stated that "the request fits the esthetics of the neighborhood as there are many other structures that do not meet minimum setback requirements". Leadley asked Heeney what the main 2 Page 244 of 254 BOARD OF ADJUSTMENT March 24, 2020 Minutes objection is to the request. Chiles stated that it feels like the main objection is that the building is too tall and too close. Heeney stated she wants the workshop taken off. Leadley asked what the setback is on the existing garage. Western stated that it is 0'. Western further explained Heeney's objection to the request stating that Heeney views the existing garage as further away from her house because it sits further back on the lot and that the new garage and workshop will be closer to her house because it will come further into the applicant's yard and be alongside her house where as the existing garage is behind her house. Schroeder reiterated that Heeney is ok with the setback of the garage portion that would be behind the house but is objecting to the workshop that would be alongside her house. Thornsberry asked if we are talking about the portion of the garage that is 224 square feet. Western stated yes. Leadley asked if the applicant moved the garage to the east would it make it difficult to access the garage. Western stated shifting the garage to the east would make it nearly impossible to access the garage. The applicant offered to make the workshop 12' or 13' wide instead of 14' which would give it at least a 3' setback as required. Russel Candee who lives next door to the applicant at 808 Lawn Hill spoke in favor of the request. Candee went on to explain that the block is oval shaped and the developer platted the corner lots at 40 degree angles instead of rectangular lots and they are very close together. Also he has lived there 35 years and has no problems with the request and signed the petition in favor. Beckman asked the applicant if the workshop will be constructed up to the 3 trees shown in the picture. The applicant stated yes the trees will be removed. Beckman also asked if the garage is required to be 6' from the home. Western sated that it did not and that the minimum required is 3'. Chiles asked for clarification as to how many square feet over the 30% rear yard lot coverage is the request. Western stated that staff determined that the garage portion of the structure is in the rear yard and the workshop portion is in the side yard and that the garage exceeds the 30% lot coverage by 119 square feet. It was moved by Leadley, seconded by Beckman to approve the request by Jeff Palmer and Laura Winninger for a variance to the Accessory Structure Regulations to allow for the construction of a 848 SF accessory structure with a 2' side yard setback, 1' less than the minimum required setback of 3', and a variance to exceed the 30% rear yard maximum lot coverage to allow for a 624 SF accessory structure, 119 SF more than the maximum of 505 SF allowed in a "R-1" One and Two Family Residence District, located at 709 Campbell Avenue. Motion carried 4-0 with one abstention. Condon abstained due to being related to the applicants. 3. Request by Signs and Designs for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of a 2' x 8' (16 Sf) sign to an existing 9' x 10' (90 SF) pole sign for a total of 106 SF, 26 SF more than the maximum of 80 SF allowed in a "C-1" Commercial District, located at 3026 Ansborough Avenue. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the area. 2. There are similar poles signs along the west side of Ansborough Avenue and the proposed pole sign addition would not be out of character for the area. Condon asked about a second variance that was mentioned in the applicant's narrative that explained the request. Schroeder stated that the applicant initially thought they would need to meet the minimum 10' clearance from the bottom of the sign to the ground but the sign is not in the triangle of visibility therefore they would not need to have 10' clearance. Beckman asked for clarification as to whether this is a brand new sign or is the applicant simply looking to add an additional sign to an existing one. Western stated that the applicant is asking to add an additional sign to an existing one. Joe Barber a representative of Signs and Designs offered to answer any questions the board may have. There were none. It was moved by Beckman, seconded by Chiles to approve the request by Signs and Designs for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of a 2' x 8' (16 SI) 3 Page 245 of 254 BOARD OF ADJUSTMENT March 24, 2020 Minutes sign to an existing 9' x 10' (90 SF) pole sign for a total of 106 SF, 26 SF more than the maximum of 80 SF allowed in a "C-1" Commercial District, located at 3026 Ansborough Avenue. The motion carried unanimously. 4. Request by Thomas and Charlotte Jeys for a variance to the maximum accessory structure limit of 1,800 square feet to build a new 30'X40' 1200 square foot accessory structure for a total of 3,871 square feet of accessory structures 2,071 square feet more than permitted and allow the use of vertical metal siding, in a "R-1" One and Two Family Residence District and "A-1" Agricultural District, located at 3175 Logan Avenue. Western gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. There appears to be uniqueness to the request as the property is on a large lot and there was a similar request that was approved 2000 feet to the northeast. 3. The request would not appear have a negative impact on the neighborhood. Condon asked for clarification as to the direction of the pole building that received a variance at 184 Lowder Road as the staff report stated northeast in one section of the report and northwest in another. Western stated that 184 Lowder Road is to the northeast of the site in question. Tom Jeys addressed the board explaining that his existing garage has become full of acreage related equipment and has not been able to get his cars inside and the proposed building will be used to get his vehicles inside. It was moved by Beckman, seconded by Thornsberry to approve the request by Thomas and Charlotte Jeys for a variance to the maximum accessory structure limit of 1,800 squarefeet to build a new 30'X40' 1,200 square foot accessory structure for a total of 3,871 square feet of accessory structures 2,071 square feet more than permitted and allow the use of vertical metal siding, in a "R-1" One and Two Family Residence District and "A-1" Agricultural District, located at 3175 Logan Avenue. Motion carried unanimously. IV. Discussion Condon asked if the next meeting will continue to be via Zoom as it works fairly well. Schroeder agreed and stated that we will probably continue with Zoom for at least one more month. Schroeder informed the board that the next meeting has been moved to Thursday May 28, 2020 due to Memorial Day Holiday. V. Adjournment It was moved by Beckman, seconded by Chiles to adjourn the meeting at 5:23 p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator 4 Page 246 of 254 CITY OF WATERLOO Council Communication Airport Board minutes of May 5, 2020. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Airport Even, LeAnn Approved 6/24/2020 - 12:54 PM ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes, May 5, 2020 Backup Material SUBJECT: Airport Board minutes of May 5, 2020. Page 247 of 254 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, May 5, 2020 I. ROLL CALL Vice Chair Scott Voigt called the meeting to order via Zoom at 12:02 p.m. Board Members Present: Chuck Needham, Arlene Humble, Gwenne Berry, Cary Darrah and Scott Voigt. Board Members Absent: Hugh Field City Officials Present: Martin Petersen, City Attorney; Council Member Ray Feuss and Council Member Margaret Klein. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Tim Newton, Livingston Aviation; Doug Schindel and David Hughes, AECOM; and, several members of the Air Service Working Group. IL AGENDA AS RECEIVED OR AMENDED Mr. Kaspari stated that he would like to start with the New Business Items since some members need to drop off the meeting around 1 p.m. He would like Will Berchelmann to make his presentation first (New Business, Item VII. D). III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Voigt asked if there is any runway work scheduled for this year. Mr. Kaspari stated that the project to reconstruct Taxiway B will be bid this year, but with the grant issued by FAA in the late summer, construction work will be scheduled for CY-2021. The work planned for summer 2020 will include tree removal; cleaning, routing and sealing the East Terminal Apron; and, reconstruction of the West General Aviation Apron. 1 Page 248 of 254 B. Monthly Planning & Development Report — N/A C. Legislative Info !nation — No discussion. Information in Member's Packets. D. Misc. Monthly Airport Reports Reviewed and discussed the YTD budget, AA Performance and Fares. As expected, enplanements dropped off significantly mid -March. One piece of good news is that fares are much lower than they've been, and are very comparable to Cedar Rapids, Dubuque and Des Moines. V. BOARD APPROVAL A. Approval of Minutes of the March 3, 2020 Regular Meeting Mrs. Humble moved that the minutes of the March 3, 2020 meeting be approved, seconded by Mr. Needham. Ayes: 3. Motion carried. B. Motion to Receive and File March 2020 Expenses Mrs. Humble moved that the March 2020 expenses be received and filed, seconded by Mr. Needham. Ayes: 3. Motion carried. C. Motion to Receive and File April 2020 Expenses Mrs. Humble moved that the April 2020 expenses be received and filed, seconded by Mrs. Berry. Ayes: 3. Motion carried. VI. OLD BUSINESS A. Update: American Airlines — Return of Airport & Airline Use Agreement. Mr. Kaspari stated that he had been working with American officials prior to the pandemic and was close to getting the Airline Use Agreement signed and returned. That is now on -hold due to the COVIDA 19 pandemic. B. Update: A -Line / POS Airline Hangar (Progress Update). Mr. Kaspari stated that construction is coming along very well and the hangar is looking beautiful. They are hoping to receive their Certificate of Occupancy before the end of May. C. Update: Osprey Aviation (Progress Update). Mr. Kaspari stated that work on the new hangar had formally started on April 29th. 2 Page 249 of 254 D. Update: Status of Agreement and Payment of Lease Rent with Kingfisher Aviation. Marty Petersen, City Attorney, stated that he has made several attempts to communicate but things are moving slowly. Kingfisher principals want to make a couple of small changes to the lease but Mr. Petersen feels they are getting close to a signed document. E. Update: FY-2020 FAA Funded Projects. Mr. Kaspari stated that FAA Grants issued in 2020 will be funded @ 100%, with no match required by the City / Airport. F. Update: Air Methods Corp. Relocation from Passenger Terminal to Airfield. Mr. Kaspari stated that the relocation request is going through the approval process. G. Update: FAA and DHS/TSA Relocation — Shift of Passenger Terminal Office Areas. Mr. Kaspari stated that the relocation of the TSA into FAA's 2nd floor offices has been pushed back due to FAA extending their lease to stay in their current offices for an additional 6 months. VII. NEW BUSINESS A. Air Service Working Group: Request Board Endorsement of ASWG Marketing Sub -Committee. David Deeds explained that the Air Service Working Group has put together a marketing sub -committee to help ALO position itself to recover from the COVID-19 pandemic. The mission statement is, "to provide guidance and advice on the development of a new brand identity, website and a three-year marketing plan for the Waterloo Regional Airport". Mrs. Humble moved the Board support the ASWG Marketing Sub -Committee, seconded by Mrs. Darrah. Mr. Voigt stated that he wants to make sure actions come back to the Airport Board for approval and that the sub -committee won't be acting on its own. This was confirmed. Ayes: 4. Motion carried. Page 250 of 254 B. Request by Tim Newton, GM of Livingston Aviation: Reduction & Deferment in Lease Rent Fees. Tim Newton stated that in the last two months, and due to the pandemic, Jet -A fuel and AvGas sales are down 80%, flight training stopped six weeks ago, and aircraft maintenance is also down almost 80%. Mr. Newton is requesting a rent reduction to $1,000.00 per month from May 2020 through October 2020. Beginning November 1, 2020, Livingston would start repaying the deferred rent ($2,738.90 x 6 = $16,433.40) over the remaining 44 months of their lease (June 30, 2024), adding $373.49 to their regular rent of $3,738.90, for a revised total of $4,112.39 per month. Mrs. Darrah moved approval of the request, seconded by Mrs. Berry.Ayes:4. Motion carried. Mr. Kaspari stated that he would work with the City Attorney to draft an amendment to the FBO lease amendment for signatures, but until that is done that the verbal agreement would be honored. Mrs. Darrah pointed out that these minutes would then serve as the official record of the agreement. C. FAA Approval for the Use and Expenditure of CARES Act Funding at $1,098,305. Board discussed the tentative list of projects for CARES Act funding, as outlined in the Director's Report, No: 30. Mr. Kaspari stated that $300,000 has been designated for operating expenses to cover revenue shortfalls caused by the pandemic. He also stated that the term of the grant will be 4 years from the date executed and that the FAA will allow grant amendments if more (or less) funding is needed to cover operational costs. Mrs. Humble moved approval of the projects listed for use of the grant funds, with the condition that it can be amended before the end of the four-year period, to use additional funds for operational costs if needed; seconded by Mrs. Berry. Ayes: 4. Motion carried. 4 Page 251 of 254 D. Air Service Update: Will Berchelmann, Air Service Consultant, Volaire Aviation Services, Inc. Will Berchelmann made a presentation to the Board on what he expects the Post- COVID 19 world to look like for the airline industry. With airlines expected to come out of the pandemic much smaller, he stated that ALO must show a turnaround with passengers returning to fly out of Waterloo. Mr. Berchelmann stated that being a part of the EAS program may work to our advantage, as American will receive a subsidy from the USDOT to continue to serve Waterloo, while other small airports may need to provide a Minimum Revenue Guaranty (MRG) in order to keep from losing air service. If during the current EAS period, May 1, 2020 — April 30, 2022, we can show a strong recovery and gain passengers, we could come out stronger than we were prior to the pandemic. VIII. STAFF AND BOARD MEMBER COMMENT Mr. Voigt asked if the Board packet could be sent out a day or two earlier to allow Board members more time to review the information than they currently have, receiving the packet on the Friday before the meeting. Mr. Needham agreed that the current timing forces them to review the packet over the weekend. Mr. Kaspari stated that he will aim for having everything ready to send out the Wednesday prior to the meeting dates. IX. ADJOURNMENT Mrs. Humble moved that the meeting be adjourned at 1:30 p.m., seconded by Mx. Needham. Ayes: 3. Motion carried. Respectfully submitted, �Q I-Iugh Field, Chairperson 5 Page 252 of 254 CITY OF WATERLOO Council Communication Communication from the City Engineer on the notice of the conclusion of employment for Jeff Bales, Associate Engineer, effective June 19, 2020 with recommendation of approval of payout of $4,558.07 for unused benefits. City Council Meeting: 6/29/2020 Prepared: 6/24/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 6/24/2020 - 10:28 AM Clerk Office Even, LeAnn Approved 6/25/2020 - 1:45 PM ATTACHMENTS: Description Type o Jeff Bales Pay Out Backup Material SUBJECT: Communication from the City Engineer on the notice of the conclusion of employment for Jeff Bales, Associate Engineer, effective June 19, 2020 with recommendation of approval of payout of $4,558.07 for unused benefits. Submitted by: Submitted By: Page 253 of 254 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 To: City Council Members Re: Notice of Severance Department Engineering Job Title/Classification Associate Engineer This is to report that the employment of Jeff Bales with the City of Waterloo has been severed by reason of: Today's Date: 6/22/2020 Effective Date: �° / 9/2-02-0 Employment Date: 10/24/1989 O Retired Disability Related ❑ No ['Yes ❑ Resigned ❑ 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-, L UYYi'1J 119 $ 37.67 $ 4,482.73 Vacation -Current $ - Usable Sick Leave 8 $ 37.67 (x) 25% $ 75.34 Frozen Sick Leave (x) 60% $ - Personal Hours $ - Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Total Payment $ 4,558.07 Date ea/Q�0o Date 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 1=1-9 \r)\ -310 Updated 6/28/11 Page 254 of 254