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Council Packet - 7/20/2020
Amended Council Agenda Item Council Meeting Monday, July 20, 2020 I�1 Consent Motion Item 1 B 2 f. Motion approving a new 5 day liquor license for main street waterloo, located in Lincoln Park, Class B Beer, expiring on 7/10/2020. Reason: The event was cancelled and the application was withdrawn. THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, July 20, 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 192 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of July 13, 2020, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving an order accepting Acknowledgment/Settlement Agreement and check in the amount of $300.00, from Guddi Mart, 306 Byron Avenue, Waterloo, Iowa 50702, for tobacco sale to minor violation, first offense. Submitted By: Martin M. Petersen, City Attorney 3. Resolution approving Variance to Noise Ordinance request from Charles Pearson, in conjunction with the Cedar Valley African American Heritage and Music Festival to be held at the African American Museum and Cultural Center, located at 1320 E. 4th Street, on September 5, 2020, from 9:00 a.m. to 5:00 p.m., including a P.A. system with speaking presentations and four live bands performing between 11:00 a.m. and 4:00 p.m. Submitted By: Corbin Payne, Police Lieutenant 4. Resolution approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $73,624.44, and approving the contracts, bonds and certificate of insurance, in conjunction with Airline Terminal Building Improvements, Waterloo Regional Airport, No. 9-I-190-ALO-200 Iowa DOT Aviation Bureau Contract No. 20601, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director 5. Resolution approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $105,213.75, and approving the contract, bonds, Page 2 of 192 and certificate of insurance, in conjunction with Improvements to Hangar No. 4, Waterloo Regional Airport, Project No. 9-I-200-ALO-200 Iowa DOT Aviation Bureau Contract No. 21613, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director 6. Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of one (1) 2021 Pierce Enforcer Triple Combination Pumper from Reliant Fire Apparatus, Inc. of Slinger, WI, in the amount of $660,750. Submitted By: Pat Treloar, Fire Chief 7. Resolution approving award bid to KW Electric, of Cedar Falls, Iowa, in the amount of $369,940.70, and approving the contract, bonds, and certificate of insurance in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, Iowa DOT grant project number CS-TSF- 8155(762)--85-07, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Mohammad Elahi, Traffic Engineer 8. Resolution approving Completion of Project and Acceptance of Work for work performed by Woodruff Construction LLC of Waterloo Iowa, at a total cost of $895,190.03 in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 9. Motion approving Final Quantity Summary for a net increase of $45,677.63, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction, Inc., of Clarksville, Iowa, at a total cost of $446,441.50, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and receive and file two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 11. Resolution approving request of Colleen Hansen for a waiver for an asphalt driveway, located at 1005 Belle Street, and authorize the construction of a asphalt driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 12. Resolution approving request of Tracy Jones for a waiver for a concrete driveway, located at 1025 Gilbert Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 13. Resolution setting date of public hearing as August 3, 2020 to approve the request of Greg Steffen to rezone 8.80 acres, from "A-1" Agricultural District to "R-2" One and Two Family Residence District with conditions, for a new single family home located at 4192 Logan Avenue, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Page 3 of 192 14. Resolution setting date of public hearing as August 3, 2020, for the sale and conveyance of City property located adjacent to 900 Commercial Street, to an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, rescinding Resolution No. 1986-646 in its entirety, 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. TRAVEL REQUESTS a. Pat Treloar, Fire Chief Class/Meeting: Blue Card Certification Destination: Online -No Travel Required Dates: One year subscription Amount not to exceed: $1,155.00 b. Sgt. Erie and Investigator Gergen Class/Meeting: International Law Enforcement Educators and Trainers Association Destination: St. Louis, MO Dates: August 2-7, 2020 Amount not to exceed: $1,303.25 c. Officers Bovy, Herkelman, Ehler and Lindaman Class/Meeting: Dogs for Law Enforcement Training Certification Destination: Waterloo, IA Dates: August 2-7, 2020 Amount not to exceed: $1,400.00 1 LIQUOR LICENSES a. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue Class: C Liquor w/Outdoor Service and Catering Renewal Application Includes Sunday Expiration Date: 6/30/2021 b. Casey's Pub & Eatery, 1125 W. Donald Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/31/2021 c. Chaser's Pub, 305 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/17/2021 d. Grout Museum, 306 Washington Street *Premise Update* Transfer from 503 South to 306 Washington Street Page 4 of 192 Class: Special Class C Liquor New Application Includes Sunday Expiration Date: 12/14/2020 e. Highway 63 Diner, 3030 Mamie Road Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/29/2021 f. Main Street Waterloo, Lincoln Park *5 Day* Class: B Beer New Application Does not include Sunday Expiration Date: 7/10/2020 g. Main Street Waterloo, Lincoln Park *5 Day* Class: B Beer New Application Does not include Sunday Expiration Date: 8/6/2020 h. Main Street Waterloo, Lincoln Park *5 Day* Class: B Beer New Application Does not include Sunday Expiration Date: 9/4/2020 i. Placita, 321 W. 4th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 6/12/2021 j. Red Lobster #6267, 941 E. San Marnan Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 7/27/2021 k. Z's Restaurant, 3937 W. Airline Highway Class: C Liquor Renewal Application Includes Sunday Expiration Date: 7/19/2021 2. Motion to approve Change Orders Nos. 13-14, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $1,527.00, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 3. Bonds. PUBLIC HEARINGS 2. Public Works Truck Wash Project. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 5 of 192 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 Public Works Division Manager for review. Submitted By: Randy Bennett, Public Works Division Manager 3. Purchase of One (1) 2021 Forestry Aerial Lift Truck. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING- No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids. Resolution awarding bid to Harrison Truck Centers of Elk Run Heights, Iowa, in the amount of $176,118.00. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 4. FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026. 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 an Amendment to a Master Development Agreement with North Crossing, LLC, originally executed January 25, 2016, to extend Project 5 deadline to December 31, 2020, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $40,000.00 annually, and authorizing the Mayor to execute said agreement. Submitted By: Michelle Weidner, Chief Financial Officer 7. Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and amount not to exceed $125,000.00, in conjunction with FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer 8. Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and Page 6 of 192 amount not to exceed $116,000.00, in conjunction with the Leversee Sanitary and Water Improvement Project, Contract No. 987, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer 9. Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $3,219,441.48, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer OTHER COUNCIL BUSINESS 10. Motion approving Change Order No. 1, with Woodruff Construction, LLC, of Waterloo, Iowa, for a net increase of $502.95, in conjunction with carpet replacement, Airline Passenger Terminal Building Improvements, Waterloo Regional Airport, Project No. 9-I-190-ALO-200 Iowa DOT Aviation Bureau Contract No. 20601,and authorizing the Mayor to execute said documents. Submitted By: Keith Kaspari, Airport Director EXECUTIVE SESSION Motion to adjourn to Executive Session 11. Executive Session Discussion of pending and potential litigation pursuant to Iowa Code Section 21.5(1)(c) (2020). Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:15 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Housing Authority board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 7 of 192 CITY OF WATERLOO Council Communication Minutes of July 13, 2020, Regular Session, as proposed. City Council Meeting: 7/20/2020 Prepared: ATTACHMENTS: Description Type ❑ Minutes of 7/13/20 Council meeting Backup Material Submitted by: Submitted By: Page 8 of 192 July 13, 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, July 13, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Martin M. Petersen, City Attorney 158003 - Juon/Klein that the Agenda, as amended, Item No. 17, to correct language of motion by adding "in the amount of $79,500" to reflect the expenditure, for the Regular Session on Monday, July 13, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 158004 - Juon/Klein that the Minutes, as proposed, for the Regular Session on Monday, June 29, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Mary Heller, of The Ivy Trellis, asked council to consider approving two-hour free parking on and around 4th Street where the majority of retail stores are, in order to attract more shoppers and complete with neighboring cities. Cheryl Powell, 530 Devonshire Drive, spoke regarding the Dillon Creek flooding issues. Barbara Abben, 403 Belmont, commented on the high number of accidents where she lives and would like to see a speed bump or stop sign and provided the council with a petition signed by her neighbors. Mr. Grieder commented on the need to be kind, wear a face covering and maintain social distancing. Mr. Morrissey questioned the status of the traffic study for the conversion of 5th and 6th Streets from one-way to two-way. He stated that he would be introducing amendments to the Republic Parking agenda item scheduled for next week and then gave a brief update on the progress of the Equity Toolkit. He agrees with Mr. Grieder's suggestion that people will begin wearing masks and that he intends to propose a resolution on a letter of demand to the governor. Mrs. Juon concurred with the suggestion on wearing masks and asked everyone to be considerate of others and to wear a facemask. She also commented on the need to have another work session to address several questions regarding the Equity Toolkit before there is to be a vote. Mayor Hart commented that he and Mr. Funchess had a lengthy meeting regarding the Equity Toolkit, the commission and various other related areas and they plan to meet again after Mr. Funchess has a chance to reach out to the people who have created and implemented the program. 158005 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 158006 - Juon /Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated July 13, 2020, in the amount of $5,400,173.07, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 9 of 192 July 13, 2020 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2020-503. 2. Resolution setting date of public hearing as July 27, 2020, to approve a request by the City of Waterloo to vacate a 20 foot -wide sanitary sewer easement, which consists of 1.4 acres, located south of 4550 Hess Road, and rescinding Ordinance No. 5545, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-504. 3. Resolution approving request to certify assessment to 611 Nevada Street in the amount of $3,327, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2020-505. 4. Motion approving Final Quantity Summary for a net decrease of $60,735.40 in conjunction with the FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and authorizing the Mayor and City Clerk to execute said document. 5. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, in the amount of $1,203,277.94, in conjunction with the FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-506. 6. Motion approving Final Quantity Summary for a net decrease of $13,124 in conjunction with the FY 2019 Brock 3rd Addition Sanitary Sewer Extension Project, Contract No. 986, and authorizing the Mayor and City Clerk to execute said document. 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Dave Schmitt Construction Co., Inc., of Cedar Rapids, Iowa, in the amount of $110,305, in conjunction with the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-507. 8. Resolution approving award of bid to Pirc-Tobin Construction Inc., of Alburnett, Iowa in the amount of $1,926,434.50, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements, Contract No. 987, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-508. 9. Resolution approving award of bid to Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $45,874, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-509. 10. Resolution approving award of bid to Kiesler Police Supply, Inc., of Jeffersonville, Indiana, for bid item Nos. 1-6, in the amount of $34,049.80, and awarding bid to Sunset Law Enforcement, of Ackley, Iowa, for bid item Nos. 7-9, in the amount of $4,551, in conjunction with the Police FYE 2021 ammunition needs as budgeted. Resolution adopted and upon approval by Mayor assigned No. 2020-510. 11. Resolution approving installation of (1) one 25 MPH Speed Hump in the 3000 block of Niles Street. Page 10 of 192 July 13, 2020 Page 3 1. Resolution adopted and upon approval by Mayor assigned No. 2020-511. b. Motion to approve the following: a. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Dad's Pub, 1106 La Porte Rd. C Liquor and Outdoor Service Renewal 6/30/2021 x 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Jeff Koch General Contractors Board July 10, 2023 Re -Appointment 3. Motion approving a Cigarette/Tobacco/Nicotine/Vapor permit application with Shwe Nyiko Market, located at 911 Commercial St. 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 158007 - Morrissey/Amos that proof of publication of notice of public hearing on FY 2020 Warp Drive RISE Project, Contract No. 977, as published in the Waterloo Courier on June 29, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158008 - Morrissey/Amos that the hearing be closed. 158009 - Morrissey/Amos Voice vote -Ayes: Seven. Motion carried. that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-512. 158010 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $732,845 Bidder Bid Security Bid Amount Peterson Contractors Inc., Reinbeck, IA 5% $1,154,951.00 Baker Enterprises Inc. Waverly, IA 5% $869,439.00 Vieth Construction Corporation, ° Cedar Falls, IA 5 /o $1,165,979.00 Pirc Tobin Construction, Alburnett, IA 5% $1,219,268.71 Page 11 of 192 July 13, 2020 Page 4 K. Cunningham Construction Co. Inc., Cedar Falls, IA 5% $903,835.00 Voice vote -Ayes: Seven. Motion carried. 158011 - Amos/Grieder that proof of publication of notice of public hearing on West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, Iowa DOT grant project number CS-TSF-8155(762)--85-07, as published in the Waterloo Courier on June 29, 2020, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158012 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158013 - Amos/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-513. 158014 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Traffic Engineer for review. Estimate: $297,000 Bidder Bid Security Bid Amount K&W Electric Inc. Cedar Falls, IA 5% $369,940.70 Peterson Contractors Inc. Reinbeck, IA 5% $397,594.00 Voice vote -Ayes: Seven. Motion carried. 158015 - Feuss/Grieder that proof of publication of notice of public hearing on Asphalt emulsions for the City's Recycled Asphalt Paving Program, as published in the Waterloo Courier on June 29, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158016 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158017 - Feuss/Grieder that "Resolution confirming specifications, form of contract, etc. and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-514. 158018 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Page 12 of 192 July 13, 2020 Page 5 Estimate: $220,000 Bidder Min. Bid Qty Max. Bid Qty. Unit Price Total Bituminous Materials 1,760 Gal. 5000 Gal. $2.31 / $2.20 $4,065.60 / $11,000 & Supply LP 940 Gal. 50,000 Gal. $3.00 / $2.50 $2,820.00 / $125,000 Des Moines, IA 236 Gal. 15,000 Gal. $3.42 / $1.10 $807.00 / $16,500 Flint Hills Resources 1,760 Gal. 5,000 Gal. $2.004 / $2.004 $3,527.04 / $10,020 Dubuque, IA 940 Gal. 236 Gal. 50,000 Gal. 15,000 Gal. $2.357 / $2.357 $1.612 / $1.612 $2,215.58 / $117,850 $380.43 / $24,180 Voice vote -Ayes: Seven. Motion carried. 158019 - Feuss/Grieder that "Resolution approving award of bid to Bituminous Materials and Supply, LP of Des Moines, Iowa, in an amount not to excess $152,500, in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, approving the contract, bonds and certificate of insurance, and authorizing the Mayor to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-515. 158020 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158021 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158022 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety, or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-516. 158023 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158024 - Boesen/Greider that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158025 - Boesen/Grieder Page 13 of 192 July 13, 2020 Page 6 that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-517. 158026 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158027 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158028 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-518. 158029 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158030 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158031 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-519. 158032 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 14 of 192 July 13, 2020 Page 7 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158033 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven Motion carried. 158034 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-520. 158035 - Morrissey/Amos that proof of publication of notice of public hearing on Amendment No. 3 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to remove properties from the Urban Renewal Area, update projects and project budgets to be included in the Plan, and other general updates to the Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158036 - Morrissey/Amos that the hearing be closed and oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158037 - Morrissey/Amos that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-521. 158038 - Morrissey/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158039 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nay: One (Klein). Motion carried. 158040 - Morrissey/Grieder Page 15 of 192 July 13, 2020 Page 8 that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5563. 158041 - Amos/Morrissey that proof of publication of notice of public hearing on Amendment No. 6 to the San Marnan Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158042 - Amos/Morrissey that the hearing be closed and oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158043 - Amos/Grieder that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-522. 158044 - Amos/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158045 - Amos/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 158046 - Amos/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Page 16 of 192 July 13, 2020 Page 9 Ordinance adopted and upon approval by Mayor assigned No. 5564. 158047 - Feuss/Boesen that proof of publication of notice of public hearing on 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 rescinding Resolution No. 2020-226, as published in the Waterloo Courier on June 8, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158048 - Feuss/Boesen that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158049 - Feuss/Boesen that "Resolution authorizing the sale and conveyance of City owned property located at the northeast corner of Commercial Street and 6th Street, to 6 Comm Properties LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Five. Nays: Two (Klein, Morrissey). Motion carried. Mr. Boesen requested confirmation the project is still on schedule. Noel Anderson, Community Planning and Development Director, confirmed the project is still schedule and provided a brief update. Mrs. Klein questioned the tax abatement offered on the project. Noel Anderson explained the abatement is 20 years and 75 percent. Mrs. Klein commented that she would be unable to support the item based on the tax abatement schedule. Mr. Morrissey commented that he also would not be supporting the item based on the tax abatement. Mr. Amos questioned the amount of money the city would expect to generate for this project. Noel Anderson provided an overview of the project and revenue expectation for the city. Mayor Hart clarified the developer, over the course of the agreement, would be generating a potential $360,000.00, along with other city fees, on property where revenues currently does not exist. Mrs. Klein expressed concern for offering a 75% tax abatement of taxes for a developer. Mr. Boesen commented that the issue of tax abatement has already been approved by council and clarified that the resolution is to convey additional land so that the developer can expand the footprint of their building. Resolution adopted and upon approval by Mayor assigned No. 2020-523. 158050 - Feuss/Grieder that "Resolution approving a Development Agreement with 6 Comm Properties LLC, and rescinding Resolution No. 2020-226, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Five. Nays: Two (Morrissey, Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-524. 158051 - Morrissey/Grieder Page 17 of 192 July 13, 2020 Page 10 that proof of publication of notice of public hearing on Request by Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right-of-way located adjacent to 326 West 17th Street, as published in the Waterloo Courier on July 7, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Bill Rodgers, co-owner of Personified, Inc., 1109 W. 19th Street, Cedar Falls, spoke on the current property and their future use. 158052 - Morrissey/Grieder that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158053 - Morrissey/Amos that "an ordinance approving a request by Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right-of-way located adjacent to 326 West 17th Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158054 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart questioned if there were any time constraints on the Project. Bill Rodgers replied the sooner this is approved the sooner the project can start. 158055 - Morrissey/Amos that "an ordinance approving a request by Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right-of-way located adjacent to 326 West 17th Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5565. 158056 - Amos/Feuss that proof of publication of notice of public hearing on sale and conveyance of City owned property generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, as published in the Waterloo Courier on July 8, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158057 - Amos/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158058 - Amos/Feuss that "Resolution approving the sale and conveyance of City owned property, generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-525. 158059 - Amos/Boesen Page 18 of 192 July 13, 2020 Page 11 that "Resolution approving a Development Agreement with Personified, Inc., requiring improvements to the area vacated, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-526. 158060 - Morrissey/Grieder that proof of publication of notice of public hearing on sale and conveyance of City owned property located northeast of 940 West 7th Street, to Clark A. Holdiman, in the amount of $500 and approval of a development agreement, as published in the Waterloo Courier on July 7, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158061 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158062 - Morrissey/Amos that "Resolution authorizing the sale and conveyance of City owned property located northeast of 940 West 7th Street, to Clark A. Holdiman, in the amount of $500, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-527. 158063 - Morrissey/Amos that "Resolution approving a Development Agreement with Clark A. Holdiman, for the demolition of buildings on site and cleanup of site, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-528. 158064 - Grieder/Amos that proof of publication of notice of public hearing on sale and conveyance of City owned property generally described as 1809 Black Hawk Street, in the amount of $1.00, to 5Bees, LLC, including a Development Agreement, as published in the Waterloo Courier on July 7, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158065 - Grieder/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158066 - Grieder/Amos that "Resolution authorizing the sale and conveyance of property generally described as 1809 Black Hawk Street, to 5Bees, LLC, 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. 2020-529. 158067 - Grieder/Amos Mr. Boesen commented he is impressed with the Development Agreement as it includes caveats with regards to meeting time tables and would like to see this type of language in future agreements. Page 19 of 192 July 13, 2020 Page 12 Mrs. Klein also expressed her approval for the same reason. that "Resolution approving a Development and Minimum Assessment Agreement with 5Bees, LLC for the construction/rehabilitation of four phases of projects totaling 14,500 square feet of commercial buildings and $800,000 in new taxable value, with a grant of $120,000 for the multiple phases, and rescinding the previous Development Agreement with 3 Little Lambs, LLC, executed on February 17, 2020, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-530. 158068 - Grieder/Boesen that "Resolution approving a Lease Agreement with 5Bees, LLC for the maintenance of the northwest corner of Black Hawk Street and West 18th Street, per the Development Agreement, and rescinding Lease Agreement executed July 9, 2018 with 3 Little Lambs, LLC, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-531. RESOLUTIONS 158069 - Klein/Amos that "Resolution approving Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $79,500, in conjunction with the Preliminary Engineering Report on US Highway 63 South Interceptor Sewer Upgrade Project, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Doug Schindel, AECOM, updated the council on modeling plans for the improvements project. Mayor Hart explained this action is to help with re -prioritizing the Hwy. 63 interceptor portion to divert some of the flow to that area. Kim Adelmund speaking on behalf of Jeika Pinero, 724 Reber, spoke regarding additional damage to her home due to flooding and is concerned about additional expenditures for keeping power to the back-up pump she purchased. Lori De Vries, 902 Home Park Blvd , thanked Mayor Hart and Mrs. Klein for visiting their homes to view the flood damage and questioned the disconnect and re -connection near that intersection. Randy Bennett, Public Works Director reviewed procedures for monitoring and taking action during rain events. Mayor Hart questioned disconnecting and reconnecting. Randy Bennett agreed that nothing else was done in that area with connections or reconnections. Kevin Jass, 812 Kingsley Avenue, questioned threshold for activating pumps and asked what the city was going to do going forward to protect the residents from further damage in light of the weather forecast. Mayor Hart questioned cause of flooding as the city has had rain events in the past and how the city will handle future rainfall. Doug Schindel reviewed recent rain events, including timeline and amount of precipitation, and effect on systems and issues throughout the city. Randy Bennett explained mitigation plans for flooding in the area. Mayor Hart, questioned process for moving forward with the project and being more proactive Page 20 of 192 July 13, 2020 Page 13 John De Vries, 902 Home Park Blvd., addressed the council regarding flood damage and questioned reimbursements for clean-up expenses and future flooding mitigation. Ken Maynard, 730 Home Park Blvd., addressed the council regarding flood damage and gave historical information regarding heavy rainfall events since 2010 to present and denials by city insurance to cover claims. Lindy Coburn, 2127 West 3rd Street, addressed the council regarding flood damage, questioned if cross -connections were put back in after June 22nd incident and if the city is going to compensate homeowners for these damages as a result of their mistakes. Mayor Hart questioned if everything that had been disconnected was reconnected. Randy Bennett explained that (unintelligible) was removed and storm (unintelligible) ... Mayor Hart stated the city has not developed or discussed compensation dispensation as the insurance company is still processing and reviewing claims. The mayor explained that he is going to reach out to the governor to increase the 200% to 400% for assistance. Amy Failor, 727 Home Park Blvd., addressed the council regarding flood damage and fear of making any plans or traveling away from home due to fear of additional flooding. Mayor Hart questioned timeline for design and recommendation for council. Doug Schindle explained timeline for modeling and moving project to priority status and testing system to include inflow and infiltration with large rain events. Mayor Hart questioned if project not included in State Revolving Fund Loans program if there are other option for financing the project. Doug Schindle reviewed other financing resources for funding the project. Rikki Shaver, 727 Home Park Blvd., questioned if the council has suggestions on what the citizens should do while the city works thru a solution to prevent further damage if it rains. Randy Bennett, suggested residents put in a back flow valve to keep the sump pump from backing up into the sanitary sewer and to help divert the ground water. Doug Schindel, concurred with the black flow preventer and also suggested a battery back-up for sump pumps. Mr. Grieder commented regarding flooding to his home and attempts to hire a contractor for repairs. Mr. Grieder expressed his frustrations in contacting the governor's office and feels this is the city's responsibility. Mr. Morrissey questioned how many homes were affected by sewer backups. Randy Bennett commented that between 30 and 40 homes were impacted and that this number will be reported to the DNR. Mr. Morrissey commented that from the reaction of the attendees this number is not correct. He also questioned funding for the project. Randy Bennett explained the project will be funded from the sewer fund. Mr. Morrissey questioned if the overall project would require the use of additional funding sources. Randy Bennett explained that it could come from multiple funding sources once they figure out what the project involves. Mr. Morrissey commented that this has been very detrimental to the citizens. He stated that if the insurance claims are denied, he asks that the City pay for their compensation. He further commented Page 21 of 192 July 13, 2020 Page 14 that the Governor issued a disaster proclamation of $5,000 and questioned if it would be possible to ask the Governor to reconsider the amount. Mayor Hart commented that he has already committed to doing that. Mr. Morrissey questioned what happens to the back flow preventers that were suggested, when the pressure builds up. Randy Bennett explained that the back flow preventers prevent flow from coming into the home and that they are efficient and reliable and citizens would have some security if one of these were placed. Lori De Vries, 902 Home Park Blvd., explained that they have a back flow preventer and a ball and still had sewage in basement, and that her neighbor's back flow also failed. Mrs. Klein commented that this issue should be made a priority above anything else discussed tonight to get satisfaction for the citizens. Resolution adopted and upon approval by Mayor assigned No. 2020-532. 158070 - Klein/Amos that "Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $3,219,441.48, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Mr. Morrissey questioned if this project could be re -prioritized and asked why the project is shown as FY2020. Jamie Knutson, City Engineer, explained the project was bid in FY 2020, but because of Covid the award date was pushed out 81 days in order to look at finances for doing the project. He commented that if the project is re -prioritized, then some wards would not get work done in their areas and that some of the streets were committed to more than eight months ago and are part of other projects. Mr. Boesen questioned if there is enough money in the local option sales tax and if Jamie could prioritize projects that tie into other projects. Michelle Weidner, Chief Financial Officer, spoke regarding local option sales tax funds that are scheduled for projects, and noted that the City is already dipping into reserves around $850,000.00 Weidner explained she is very concerned about the rate of construction currently, not knowing revenues in light of Covid. Mayor Hart asked if the city has the money to complete the projects. Michelle Weidner explained she is unsure at this time if there will be enough money to cover the operating expenses and all of the projects awarded with the reduced revenue. Jamie Knutson commented that some of that has to do with the RISE project that came up and stated that the Newell Street RISE will be paid for with local option sales tax. Mr. Greider explained the council has to do what makes financial sense and the citizens should understand that projects need to be prioritized in light of lower Local Option Sales Tax revenue. Mr. Amos commented the city needs to move forward and provide services to our citizens and not let these issues rule their decisions. Mrs. Klein commented that cities are controlled by outside events and disasters and need to adjust when adversity hits. Mr. Morrisey questioned the funding for the $875,000.00 overage. Page 22 of 192 July 13, 2020 Page 15 Jamie Knutson explained the city would need to dip into reserves, but that reserves are there for a reason and suggested awarding half of the projects now and awarding the remainder of the projects in the spring, but either way the council needs to take action one way or the other. Klein/ Motion to table discussion for one week. Mr. Morrissey questioned how many projects are included in the 3.2 million dollar project. Jamie Knutson responded there are fourteen streets in the project. Mr. Morrissey questioned how much would be left over if streets were eliminated and if any work had been started on those streets. Jamie Knutson explained that no work can be started until a contract is actually approved. 158071 - Klein/Grieder Motion to table item # 18 for one week. Mayor Hart explained reason for tabeling the project. Mr. Morrissey explained postponing would be the correct the motion. Klein/Grieder Motion to amend previous motion to postpone item #18 for one week. Roll call vote -Ayes: Seven. Motion carried. 158072 - Klein/Grieder that "Resolution approving Amendment No. 2 to the Professional Services Agreement with I & S Group, Inc., originally executed March 27, 2020, to convert the Construction Administration Phase from hourly to a fixed fee of $15,000 per owner, in conjunction with the Five Sullivan Brothers Convention Center Penthouse/Chiller Project, 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. 2020-533. 158073 - Boesen/Grieder that "Resolution approving the Community Catalyst and Remediation Grant, Contract Number 20- CTBF-028, with Iowa Economic Development Authority, in the amount of $100,000, for the redevelopment of property located at 1427-1429 W. 3rd Street and 405 Bayard Street, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned who monitors the project and what are the standards of the remediation and development. Noel Anderson, Resolution adopted and upon approval by Mayor assigned No. 2020-534. 158074 - Boesen/Grieder that "Resolution approving a request by CGA Engineers, on behalf of Midwest Development, to approve the final plat of Lincolnshire Addition, a 24 lot residential subdivision located northwest of 3520 Ansborough Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen requested an update on reported damage in the sub development. Nick Brewer, CGA, provided a damage update. Page 23 of 192 July 13, 2020 Page 16 Resolution adopted and upon approval by Mayor assigned No. 2020-535. 158075 - Boesen/Grieder that "Resolution approving Supplemental Agreement No. 4 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed August 18, 2014, in an amount not to exceed $169,500, in conjunction with the Dry Run Creek Interceptor Project, Contract No. 877, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-536. 158076 - Grieder/Morrissey that "Resolution approving Addendum No. 3 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $13,570, in conjunction with the Westdale Subdivision Swale Project, 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. 2020-537. 158077 - Grieder/Morrissey that "Resolution approving Supplemental Agreement No. 2, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $30,015, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, 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. 2020-538. ORDINANCES 158078 - Morrissey/Feuss that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (274b) Movilla Street, West side of Movilla Street from Stewart Avenue in a Southerly Direction to the Dead End, to Section 551, Parking Prohibited at All Times on Certain Streets", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158079 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 158080 - Morrissey/Feuss that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (274b) Movilla Street, West side of Movilla Street from Stewart Avenue in a Southerly Direction to the Dead End, to Section 551, Parking Prohibited at All Times on Certain Streets", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5566. OTHER COUNCIL BUSINESS 158081 - Juon/Greider that Change Order No. 1 for a net increase of $134,400 to Don Gardner Construction Company of Waterloo, Iowa, in conjunction with the FY2019 Young Arena Roof Replacement Project, Contract No. 998, and authorizing the Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Page 24 of 192 July 13, 2020 Page 17 Paul Huting, Leisure Services Director, reviewed the change order and that funding is available for the changes. 158082 - Juon/Greider that Change Order No. 2, for a net increase of $10,892.75, to Peters Construction Corporation, Waterloo, Iowa, in conjunction with the Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document, be received, placed on file and approved. Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried. Mr. Boesen expressed his concerns with internal communications, costing the city over $7,000.00 and asked that this be fixed. Mr. Morrissey questioned what would happen if the resolution does not pass. Noel Anderson explained reasons for change order and what would happen if this was not approved. Mr. Morrissey questioned if there would be legal ramifications if council does not approve the item. Mayor Hart confirmed, and commented on the need to tighten up communication between convention center and city staff so this doesn't happen again. Mrs. Klein questioned why an event was scheduled prior to completion of the project. Mayor Hart commented that he has met with staff and reviewed procedures for communications with the convention center staff and assured the council this will not happen again. ADJOURNMENT 158083 - Klein/Feuss that the Council adjourn at 8:50 p.m. Voice vote -Ayes: Seven. Motion carried. LeAnn M. Even, CMC, IaCMC Deputy City Clerk Page 25 of 192 CITY OF WATERLOO Council Communication Resolution approving an order accepting Acknowledgment/Settlement Agreement and check in the amount of $300.00, from Guddi Mart, 306 Byron Avenue, Waterloo, Iowa 50702, for tobacco sale to minor violation, first offense. City Council Meeting: 7/20/2020 Prepared: 7/7/2020 ATTACHMENTS: Description SUBJECT: Submitted by: Recommended Action: Type Resolution approving an order accepting Acknowledgment/Settlement Agreement and check in the amount of $300.00, from Guddi Mart, 306 Byron Avenue, Waterloo, Iowa 50702, for tobacco sale to minor violation, first offense. Submitted By: Martin M. Petersen, City Attorney Approve Acknowledgment/Settlement Agreement signed by store owner along with approval of the $300.00 civil penalty check payable to City. Page 26 of 192 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Charles Pearson, in conjunction with the Cedar Valley African American Heritage and Music Festival to be held at the African American Museum and Cultural Center, located at 1320 E. 4th Street, on September 5, 2020, from 9:00 a.m. to 5:00 p.m., including a P.A. system with speaking presentations and four live bands performing between 11:00 a.m. and 4:00 p.m. City Council Meeting: 7/20/2020 Prepared: 7/8/2020 ATTACHMENTS: Description Type ❑ Noise Variance Application - Charles Pearson Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from Charles Pearson, in conjunction with the Cedar Valley African American Heritage and Music Festival to be held at the African American Museum and Cultural Center, located at 1320 E. 4th Street, on September 5, 2020, from 9:00 a.m. to 5:00 p.m., including a P.A. system with speaking presentations and four live bands performing between 11:00 a.m. and 4:00 p.m. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 27 of 192 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: APPLICANT'S ADDRESS: APPLICANT'S PHONE #: vz) LA)',/lf- 3 :///- 5-r?-2 56-) 0 9-- 1\,10 ANTICIPATED DATE OF VARIANCE: S y-t-r 1-1-. 2 G Z 0 NAME OF EVENT: TIMES OF DAY OF VARIANCE: qi O O ! - '.a GEOGRAPHICAL LOCATION OF VARIANCE: -n m U1se, /'Yi C.,:,..ALil-A-k Q.--c",i-e,47-- 3 2, o Ph DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: ES CI -A-0 10 0 t— PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WIIAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. r ].�• Nr, 1 J J ::1 1 o W 6-1b f"\— , � ,r^ a r'-1 CITY COUNCIL ACTION: APPROVAL: DENIAL: r-5rrn‘,� Applicant's Signature Date Police Dept. Recomrnedation APPROVAL: DENIAL: DECIBEL LEVEL: Page 28 of 192 CITY OF WATERLOO Council Communication approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $73,624.44, and approving the contracts, bonds and certificate of insurance, in conjunction with Airline Terminal Building Improvements, Waterloo Regional Airport, No. 9-I-190-ALO-200 Iowa DOT Aviation Bureau Contract No. 20601, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description Type ❑ Engineer's Recommendation Backup Material ❑ Bid Tabulation for Terminal Carpet Project Backup Material ❑ Example of Project Contract - Awaiting Final Backup Material Signatures SUBJECT: Resolution approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $73,624.44, and approving the contracts, bonds and certificate of insurance, in conjunction with Airline Terminal Building Improvements, Waterloo Regional Airport, No. 9-I-190-ALO-200 Iowa DOT Aviation Bureau Contract No. 20601, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve the Council Action as requested by Airport Staff. S ummary S tatement: Expenditure Required: Source of Funds: This project will begin the phased replacement of the carpet tiles located in the airline passenger terminal building (first floor). This specific project will begin with the replacement of the terminal building carpet in the first floor lobby and baggage claim, and a couple of smaller office areas. The base costs for this project, is approximately $73,624.44, yet, broken down as follows: This is a Fiscal Year 2019 project via the Iowa DOT's Aviation Bureau, via their Commercial Service Vertical Infrastructure (CSVI) program, which includes a three pronged project, such as: 1. First Floor Terminal Carpet Replacement as noted above; 2. Replace lighting fixtures on the first floor with new next generation LED fixtures; and, UPDATE: This has been completed. Page 29 of 192 Policy Issue: Alternative: 3. Installation of a door between two office areas located between the two unused and former Airline Ticket Offices (ATO Nos: 2 & 3). UPDATE: This has been completed. This project complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy Nos: 3.1, 3.3, 3.4, 3.5 and 3.7. Goal No: 4, and Strategy No: 4.5. Airport staff was considering redirecting this project to Hangar No: 4, yet since this building is such a building that sees daily use and access by members of the general public, that it was best now to provide first floor carpet replacement work - for carpet that was installed around 2004, and has shown a great deal of wear and tear over the estimated 16-years. As such, the City of Waterloo and Airport is fortunate, that Iowa DOT's grant and project eligibility criteria only recently allowed these grant funds to be used for the replacement of floor coverings. Therefore, with an estimated $300,000+ of carpet located in the terminal building, now is the time to begin a phased replacement of the carpet. This is a FY-2019 project for Iowa DOT'S Aviation Bureau via the CSVI Project, No: 9-I-190-ALO-200, and Iowa DOT Contract No: 20601. To complete the work as requested by the Director, Staff will also be submitting a Change Order No: 1, and thereby redirecting approximately $8,759.76 from our department operating budget (Buildings and Grounds account). This will then allow Staff to complete the required floor replacement in the first floor FAA office - that will allow us to comply with the lease compliance requirements as executed by the General Services Administration (GSA) lease for the replacement of floor coverings every seven (7) years (and paint, too, with the painting completed with in-house staff). Lastly, this additional funding will also allow me to replace the carpet in the Background Information: future Business Center - located just off of the baggage claim area. As important as the information is, above, this project will also provide a much more durable and commercial grade level of carpeting located in front of, and in back of, the airline ticket counters that has seen a great deal of foot traffic over the years. Lastly, while the lighting fixtures and door installation was completed last year, the delay with the carpet was associated with the recent bid as received, is actually the second time we bid the project. When Staff along with AEC OM bid this project last year - unfortunately, we did not receive one bid. Not one! Page 30 of 192 Legal Descriptions: Not applicable for this request from Staff. Page 31 of 192 /� _COM Imagine it. /�"1� Delivered. Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Terminal Building Carpet — Terminal Improvements Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91190AL0200 AECOM Project No. 60600098 Dear Mr. Kaspari: AECOM 500 SW 7th Street Des Moines IA, 50309 USA aecom.com July 14, 2020 We have reviewed the bids received by the City of Waterloo on June 11, 2020, for the above -mentioned project. A copy of the bid tabulation is attached. Two (2) bids were received. Woodruff Construction of Waterloo, Iowa, submitted the low bid in the amount of $81,881.25 for the Base Bid Only and 86,065.20 for the Base Bid plus Add Alternate No. 1. Bids were higher than the Engineer's estimate by approximately 12%. The higher bids were due to unknowns for materials and labor related to COVID-19. We recommend award of the above -mentioned contract to Woodruff Construction, in the amount of $81,881.25. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, David B. Hughes, P.E. Enclosure: As noted cc: Mr. Shane Wright, IDOT (w/enclosures) Mr. Doug Schindel, AECOM (w/enclosures) Page 32 of 192 TABULATION OF BIDS WATERLOO REGIONAL AIRPORT TERMINAL BUILDING CARPET -TERMINAL IMPROVEMENTS CSVI PROJECT NO. 91190AL0200 IDOT CONTRACT NO. 20601 AECOM PROJECT NO. 60600098 June 22, 2020 Engineer's Estimate Woodruff Construction Waterloo, Iowa 50701 Randys Flooring *** Cedar Rapids, Iowa 52402 ITEM NO. SPEC. NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST TOTAL BASE BID - Terminal Building Carpet - Includes Floor Molding 1 Main Terminal Floor SFT 9,845 $ 5.50 $ 54,147.50 $ 5.85 $ 57,593.25 $ 6.1851 $ 60,892.00 2 Ticket Counter - Footer _I SFT 1,068 $ 6.25 $ 6,675.00 $ 7.15 $ 7,636.20 $ 8.2360 $ 8,796.00 3 Ticket Counter - Behind SFT 513 $ 6.25 $ 3,206.25 $ 8.60 $ 4,411.80 $ 11.9786 $ 6,145.00 4 TSA Office SFT 425 $ 5.50 $ 2,337.50 $ 9.20 $ 3,910.00 $ 11.6800 $ 4,964.00 5 Office Area 1 SFT 1,190 $ 5.50 $ 6,545.00 $ 7.00 $ 8,330.00 $ 7.7529 $ 9,226.00 BID ALTERNATE No. 1 1 Business Center SFT I 363 $ 5.50 $ 1,996.50 $ 5.35 $ 1,942.05 $ 7.0606 $ 2,563.00 2 FAA Office _ SFT 423 $ 5.50 $ 2,326.50 $ 5.30 $ 2,241.90 $ 7.0591 $ 2,986.00 BID ALTERNATE No. 2 1 I Mother's Room I SFT I 153 $ 5.50 I $ 841.50 $ 27.25 I $ 4,169.25 $ 13.6928 I $ 2,095.00 NOTES .4.*No TABULATED BY: unit cost provided from Randys Flooring. Unit cost was determined by Total Cost divided by Estimated Quanitity. ^+--' TOTAL BASE BID BID ALTERNATE No. 1 BID ALTERNATE No. 2 BASE BID INCLUDING ALT No. 1 BASE BID INCLUDING ALT No. 2 BASE BID INCLUDING ALT No. 1 AND $ 72,911.25 $ 4,323.00 $ 841.50 $ 77,234.25 $ 73,752.75 No. 2 $ 78,075.75 $ 81,881.25 $ 4,183.95 $ 4,169.25 $ 86,065.20 $ 86,050.50 $ 90,234.45 $ 90,023.00 $ 5,549.00 $ 2,095.00 $ 95,572.00 $ 92,118.00 $ 97,667.00 3 , 1- June 22, 2020 AECOM Page 33 of 192 FORM OF CONTRACT FOR THE CONSTRUCTION OF Terminal Building Carpet - TERMINAL IMPROVEMENTS WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa IDOT CSVI PROJECT NO. 91190AL0200 IDOT CONTRACT NO. 20601 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and WOODRUFF CONSTRUCTION, LLC, of Waterloo, Iowa , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the Terminal Building Carpet - TERMINAL IMPROVEMENTS and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before November 1, 2020, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. FORM OF CONTRACT CSVI 91109AL0200 Terminal Bldg Carpet -Terminal Improvements AECOM 60600098 (5/2020 ReBid) CONTRACT NO. 20601 Page4 of 192 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT CSVI 91109ALO200 Terminal Bldg Carpet -Terminal Improvements AECOM 60600098 (5/2020 ReBid) CONTRACT NO. 20601 Page15 of 192 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required, is $81,881.25. After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk WOODRUFF CONSTRUCTION, LLC Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this ATTEST: , City Clerk Waterloo, Iowa day of 20_. FORM OF CONTRACT CSVI 91109AL0200 Terminal Bldg Carpet -Terminal Improvements AECOM 60600098 (5/2020 ReBid) CONTRACT NO. 20601 Pacd3e16 of 192 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, WOODRUFF CONSTRUCTION, LLC, of Waterloo, Iowa, (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. PERFORMANCE BOND CSVI 91109AL0200 AECOM 60600098 (5/2020 ReBid) CONTRACT NO. 20601 Terminal Bldg Carpet -Terminal Improvements F-'age i7 of 192 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of _ PRINCIPAL SURETY Name By: Title: Name By: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND CSVI 91109AL0200 AECOM 60600098 (5/2020 ReBid) CONTRACT NO. 20601 Terminal Bldg Carpet -Terminal Improvements F-'age Jo of 192 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that WOODRUFF CONSTRUCTION, LLC (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars,($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20_ a copy of which is hereto attached and made a part hereof for the construction of: TERMINAL BUILDING CARPET - TERMINAL IMPROVEMENTS WATERLOO REGIONAL AIRPORT NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND AECOM 60600098 (5/2020 ReBid) CSVI 91109A0L200 Terminal Bldg Carpet -Terminal Improvements CONTRACT NO. 20601 PB-1 of 2 Page 39 of 192 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one (number) of which shall be deemed an original, this the day of , 20_ ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) Principal By (s) (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAYMENT BOND AECOM 60600098 (5/2020 ReBid) CSVI 91109A0L200 Terminal Bldg Carpet -Terminal Improvements CONTRACT NO. 20601 PB-2 of 2 Page 40 of 192 CITY OF WATERLOO Council Communication Resolution approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $105,213.75, and approving the contract, bonds, and certificate of insurance, in conjunction with Improvements to Hangar No. 4, Waterloo Regional Airport, Project No. 9-I-200-ALO-200 Iowa DOT Aviation Bureau Contract No. 21613, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description D Engineer's Letter of Recommendation for Woodruff D Bid Tabulation for Hangar 4 Project Example of Project Contract - Awaiting Final Signatures ❑ Picture 1 of Hangar 4 Exterior ❑ Picture 2 of Hangar 4 Exterior o SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Backup Material Backup Material Backup Material Backup Material Backup Material Resolution approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $105,213.75, and approving the contract, bonds, and certificate of insurance, in conjunction with Improvements to Hangar No. 4, Waterloo Regional Airport, Project No. 9-I-200-ALO-200 Iowa DOT Aviation Bureau Contract No. 21613, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director Approve Council Action as requested by Airport Staff. This project will provide another phase of interior improvements to aircraft storage hangar no: 4 at Waterloo Regional Airport. This specific phase of work, will remove both asbestos floor tiles that were installed with the original construction of the hangar from 1962; but also, the removal of the mold within the walls of the office area due to the water infiltration that occurred during the tenure of the former long-term tenant or occupant, whereby for many years, airport staff was never advised of these building shortcomings and environmental concerns and potential hazards . Other additional and misc. work will be included in this project. The base bid only costs for this needed level of work is approximately $105,213.75 This project will be entirely funded at 100% via the Iowa DOT's Aviation Bureau, and the Commercial Service Vertical Infrastructure (C S VI) program, which is funded via the Rebuild Iowa Infrastructure Fund (RIIF) Page 41 of 192 This project complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 3, and Strategy Nos: 3.1, 3.3, 3.4, 3.5 and 3.7. Goal No: 4, and Strategy No: 4.5. Alternative: No alternatives were selected for the use of the project funds. As the Airport Director, my goal is to continue to advance and provide upgrades to City structures or facilities as funds continue. This is a FY- 2020 project for Iowa DOT's Aviation Bureau via CSVI Project No: 9-I- 200-ALO-200, and Iowa DOT Contract No: 21613. Background Information: However, even with all of the work that has been completed to -date, there is so much more work that needs to be completed to bring this hangar up to a level of completion that will complement the other aircraft storage hangars on the airfield. Therefore, many more Iowa DOT CSVI grant funds will need to be programmed for work for this hangar. Legal Descriptions: Not applicable for this project. Page 42 of 192 /� _COM Imagine it. �'1� Delivered. Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Hangar No. 4 Improvements Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91200AL0200 AECOM Project No. 60614052 Dear Mr. Kaspari: AECOM 500 SW 7th Street Des Moines IA, 50309 USA aecom.com July 14, 2020 We have reviewed the bids received by the City of Waterloo on June 11, 2020, for the above -mentioned project. A copy of the bid tabulation is attached. Two (2) bids were received. Woodruff Construction of Waterloo, Iowa, submitted the low bid in the amount of $105,213.75 for the base bid. Woodruff Construction bid was 12% higher than the Engineer's estimate. Bids were higher than estimate due to unknowns for materials and labor related to COVID-19. We recommend award of the above -mentioned contract to Woodruff Construction., in the amount of $105,213.75 for the base bid only. Funding for this project is 100% lowaDOT CSVI funds. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, David B. Hughes, P.E. Enclosure: As noted cc: Mr. Shane Wright, IDOT (w/enclosures) Mr. Doug Schindel, AECOM (w/enclosures) Page 43 of 192 TABULATION OF BIDS WATERLOO REGIONAL AIRPORT HANGAR NO. 4 IMPROVEMENTS (2020) CSVI PROJECT NO. 91200AL0200 IDOT CONTRACT NO. 21613 AECOM PROJECT NO. 60614052 June 22, 2020 Engineer's Estimate Woodruff Construction Modern Builders, INC. *** Waterloo, Iowa 50701 Janesville, Iowa 50647 ITEM NO. SPEC. NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST TOTAL BASE BID 1 Dry Wall Removal SFT 1030 $ 4.50 $ 4,635.00 $ 11.50 $ 11,845.00 $ 2.50 $ 2,575.00 2 Suspended Ceiling Removal (2' by 2' with Grid) SFT 1500 $ 1.50 $ 2,250.00 $ 2.25 $ 3,375.00 $ 1.25 $ 1,875.00 3 Remove and Dispose Abestos Floor Tile SFT 400 $ 14.00 $ 5,600.00 $ 9.50 $ 3,800.00 $ 11.25 $ 4,500.00 4 Tuck Point and Seal Split Face Block SFT 825 $ 1.50 $ 1,237.50 $ 8.75 $ 7,218.75 $ 19.00 $ 15,675.00 5 Tuck Point and Paint CMU Block SFT 1000 $ 2.00 $ 2,000.00 $ 10.50 $ 10,500.00 $ 19.50 $ 19,500.00 6 Remove and Replace Windows EA 4 $ 4,000.00 $ 16,000.00 $ 4,200.00 $ 16,800.00 $ 6,000.00 $ 24,000.00 7 Remove Carpet and Dispose SFT 1250 $ 1.50 $ 1,875.00 $ 1.50 $ 1,875.00 $ 1.25 $ 1,562.50 8 Tuck Point Block and Install EFIS SFT 1200 $ 50.00 $ 60,000.00 $ 41.50 $ 49,800.00 $ 38.00 $ 45,600.00 BID ALTERNATE No. 1 1 Integral Blinds for Windows SFT 4 $ 1,500.00 $ 6,000.00 $ 2,750.00 $ 11,000.00 $ 1,000.00 $ 4,000.00 BID ALTERNATE No. 2 1 Install and Paint Dry Wall SFT 1000 $ 4.50 $ 4,500.00 $ 13.50 $ 13,500.00 $ 5.00 $ 5,000.00 2 Install Suspended Carpet SFT 1500 $ 3.50 $ 5,250.00 $ 7.50 $ 11,250.00 $ 5.50 $ 8,250.00 3 Install New Carpet SFT 1250 $ 5.00 $ 6,250.00 $ 8.75 $ 10,937.50 $ 10.10 $ 12,625.00 NOTES TABULATED BY: Modern Builders, INC. miscalculated Total Base Bid in original statement. Corrected calculation is shown here. 3, 1.-- June 22, 2020 AECOM TOTAL BASE BID BID ALTERNATE No. 1 BID ALTERNATE No. 2 BASE BID INCLUDING ALT No. 1 BASE BID INCLUDING ALT No. 2 BASE BID INCLUDING ALT No. 1 AND No. 2 $ 93,597.50 $ 6,000.00 $ 16,000.00 $ 99,597.50 $ 109,597.50 $ 115,597.50 $ 105,213.75 $ 11,000.00 $ 35,687.50 $ 116,213.75 $ 140,901.25 $ 151,901.25 $ 115,287.50 $ 4,000.00 $ 25,875.00 $ 119,287.50 $ 141,162.50 $ 145,162.50 Page 44 of 192 FORM OF CONTRACT FOR THE CONSTRUCTION OF HANGAR NO. 4 IMPROVEMENTS (2020) WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa IDOT CSVI PROJECT NO. 91200AL0200 IDOT CONTRACT NO. 21613 This contract made and entered into this day of , 20, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and WOODRUFF CONSTRUCTION LLC of Waterloo, Iowa , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the HANGAR NO. 4 IMPROVEMENTS (2020) and furnish all necessary tools, equipment, materials and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before November 15, 2020, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the FORM OF CONTRACT IDOT CSVI 9I200AL0200 Hangar No. 4 Improvements (2020) AECOM 60614052 CONTRACT NO. 21613 P6g8F435 of 192 PAR. 9 PAR. 10 Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required, is $105,213.75. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the FORM OF CONTRACT IDOT CSVI 9I200ALO200 Hangar No. 4 Improvements (2020) AECOM 60614052 CONTRACT NO. 21613 P6g8F436 of 192 contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk WOODRUFF CONSTRUCTION LLC Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this ATTEST: City Clerk Waterloo, Iowa day of 20 . FORM OF CONTRACT IDOT CSVI 9I200AL0200 Hangar No. 4 Improvements (2020) AECOM 60614052 CONTRACT NO. 21613 P6g8F437 of 192 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, WOODRUFF CONSTRUCTION, LLC, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. SHUIRUP DQFH#6RQG# IGRW# 'VYL#cI533DOR533# Kdgjdt$Qr]#74 suryhp hgwa#F5353,# DHFRP #93947385# FRQWUDFW#QR]4:64946# SIE0114'6# Page 48 of 192 IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name By: Title: Name By: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. SHUIRUP DQFH#6RQG# IGRW# 'VYI#cI533DOR533# Kdgjdt$Qr]#7suryhp hgwa#F5353,# DHFRP #93947385# FRQWUDFW#QR]4:64946# SIEC514'6# Page 49 of 192 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that WOODRUFF CONSTRUCTION, LLC (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) hereinafter called OWNER, in the penal sum of (Address of Owner) Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20, a copy of which is hereto attached and made a part hereof for the construction of: HANGAR NO. 4 IMPROVEMENTS (2020) WATERLOO REGIONAL AIRPORT NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. SD\P HQW#6RQG# DHFRP #93947385# IGRW# 'VYI I533DRO533# Kdgjdt$Qr]#74 suryhp hgwa#F5353,# FRQWUDFW#QR]4:64946# SE6114ri6# Page 50 of 192 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one (number) of which shall be deemed an original, this the ATTEST: day of , 20_ . (Principal) Secretary (SEAL) Witness as to Principal (Address) Principal By (s) (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. SD\P HQW#6RQG# DHFRP #93947385# IGRW# 'VYI I533DRO533# Kdgjdt$Qr]#7#$p suryhp hgwa#F5353,# FRQWUDFW#QR]4:64946# SE 5 i#5# Page 51 of 192 1 Page 52 of 192 Page 53 of 192 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of one (1) 2021 Pierce Enforcer Triple Combination Pumper from Reliant Fire Apparatus, Inc. of Slinger, WI, in the amount of $660,750. City Council Meeting: 7/20/2020 Prepared: 7/16/2020 SUBJECT: Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of one (1) 2021 Pierce Enforcer Triple Combination Pumper from Reliant Fire Apparatus, Inc. of Slinger, WI, in the amount of $660,750. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: Approve S ummary S tatement: Manufacturers submit bids to the cooperative purchasing program, and local governments utilize the published bids to execute contracts. All of the large fire truck manufacturers in North America submit competitive bids to the HGACBuy program. End users view bid prices from different manufacturers and then choose a builder. Purchasing through the program is simple, and allows for less staff time writing and researching complicated specifications for an fire truck purchase. In addition to reduced staff time, the program ensures end users best possible pricing as the program receives and reviews competitive bids from numerous manufacturers. Many cities in Iowa have purchased emergency vehicles and public works equipment through the HGACBuy program. Des Moines, Ankeny, Urbandale, Indianola, Iowa City, North Liberty, Burlington, Davenport, and Marshalltown all have used HGACBuy to purchase ambulances and fire trucks. Earlier this year The City of Waterloo used the HGACBuy program to purchase two ambulances. Expenditure Required: $660,750.00 Source of Funds: 420-12-1400-2117 Page 54 of 192 CITY OF WATERLOO Council Communication Resolution approving award bid to KW Electric, of Cedar Falls, Iowa, in the amount of $369,940.70, and approving the contract, bonds, and certificate of insurance in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, Iowa DOT grant project number CS-TSF-8155(762)- -85-07, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/15/2020 ATTACHMENTS: Description Type ❑ Bid Tab Backup Material ❑ Certificate of Insurance Backup Material SUBJECT: Resolution approving award bid to KW Electric, of Cedar Falls, Iowa, in the amount of $369,940.70, and approving the contract, bonds, and certificate of insurance in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, Iowa DOT grant project number CS-TSF-8155(762)--85-07, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution. Summary Statement: This project includes signalization as well as addition of a right turn lane to eastbound Ridgeway approach. Sealed bids were opened on July 9, 2020. There were 2 bids. KW Electric of Cedar Falls, bid $369,940.70 and Peterson Contractors Inc of Reinbeck, Iowa bid $297,594.00. Low bid has met the targeted small business goal. $310,000 Traffic Safety Funds Grant Source of Funds: $60,000 G.O. Bond Funds Policy Issue: Background Information: Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. Intersection of West Ridgeway Avenue and Greyhound Drive experiences a high number of crashes. Many of the crashes are injury accidents. Crash analysis indicates that traffic signals can reduce the number of crashes. A right turn lane is also added for eastbound Ridgeway Avenue turning south onto Greyhound Drive. This lane is intended to help reduce delays on Ridgeway Avenue. Signalization makes it easier and safer for Greyhound traffic to enter onto Ridgeway Avenue. Page 55 of 192 W. Ridgeway/Greyhound Traffic Safety Improvements July 9, 2020 Bid TabEstimate: $297,000.00 Bidder Bid Security Bid Amount K&W Electric Inc., Cedar Falls, IA 5% $369,940.70 Peterson Contractors Inc., Reinbeck, IA 5% $397,594.00 Page 56 of 192 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) E(MM/D /Y 20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LMC Insurance & Risk Management 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 CONTACT NAME: Brenda Trogdon PHONE FAX (A/C, No, Ext): 515-237-0169 (A/C, No): 515-244-9535 ADDRESS: Brenda.Trogdon@Imcins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: United Fire & Casualty 13021 INSURED K&WELEC-02 K&W Electric, Inc. 1127 Lincoln St Cedar Falls IA 50613 INSURER B : Accident Fund Ins Co of America 10166 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2019265572 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 60517579 7/15/2020 7/15/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RETED PREMISESO(Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY 60517579 7/15/2020 7/15/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 60517579 7/15/2020 7/15/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WCV6191979 7/15/2020 7/15/2021 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Professional Liability 60517579 7/15/2020 7/15/2021 Per Occurance General Agregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Traffic Signals, TOF-291, West Ridgeway Ave & Greyhound Drive CERTIFICATE HOLDER CANCELLATION City of Waterloo - Traffic 625 Glenwood St Waterloo IA 50703-4063 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 57 of 192 Bond Number54234808 VI- PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that K & W Electric, Inc. (Name of Contractor) 1127 Lincoln St., Cedar Falls, IA 50613 a (Address of Contractor) Corporation , hereinafter called Principal, and (Corporation, Partnership, or Individual) United Fire and Casualty Company (Name of Surety) 118 Second Ave SE, Cedar Rapids, IA 52401 (Address of Surety) hereinafter called Surety, are held and firmly bound unto: City of Waterloo Iowa (Name of Owner) 715 Mulberry Street, Waterloo, Iowa 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Three hundred sixty nine thou and nin . h n fired forty and 20/100 ($ 369,940.20) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the OWNER, dated this day of 2020, a copy of which is hereto attached and made a part hereof for the construction of: WEST RIDGEWAY AVENUE AT GREYHOUND DRIVE TRAFFIC SAFETY IMPROVEMENTS Waterloo, Iowa Now, therefore, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the two (2) year guaranty period, and If he shall satisfy all claims and demands incurred under such contract, and shall fully Indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then thls obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in anyway affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PERFORMANCE BOND PAGE VI-1 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 28th day of July , 2020. ATTEST: (SEAL) (Principal) Secretary ess as to Principal) 1127 Lincoln St Cedar Falls, IA 50613 (Address) ATTEST: (Surety) Secretary itn s as to Su ety 611 Ansborough Ave Waterloo, IA 50701 (Address) K & til)V Electric, Inc. Principal By (s) 1127 Lincoln St Cedar Falls, IA 50613 (Address) United Fire and Casualty Company (s) Surety 1t(cBy f Attorney/in-Fact 611 Ansborough Ave Waterloo, IA 50701 (Address) NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND PAGE VI-2 UNITED FIRE &.:.CASUALTY:COMPANY;CEDAERAPIDSJA . :• UNITED FIRE kINDEMNITY:COMPANY;WEBSTER, TX :1••FINANCIAL PACIFIC 1NSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY POWER pFAETTORNEY...::::::" (original on file at Home OfficeCompany See Cettifieation) KNQW:LALLTERSONSiprTHESE'nESENTS,tlat Vnite4Tire:..4:csnOty Company,,. a coipoiationdulyorganizecl:and existing under the laws of the State oflowa• United Fire ":& Indeirinity.•.•Conip any, a :::COMbration...dnly organized:. and existing under .thelaWS::• of . the State . of Texas; and: FinanCial.PaCificinsuranee Company,a corpOtation.dnly.:Organized and existing underthe:lawS:ibf the State of California (herein collectively called. the COnipapieS),•:and having their corporate headquarters iii.-.Cedar.:Rapids,.$tatebf Iowa, does Make; constitute and appoint• SCOTT POPPENS, MATTIlpvARENHOLZROpERTC;NEMMgRS,XATHY MCCLA.:OLOR*4QUARri. 9AI PY:CCRACKEN. JASON ARENHOLZ, EACH INDIVIDUALLY'. • •. . • : •••• their true and lawful AttOiney(s)in-FactWith..poWer and. atithority'hotby:.conferreity:*::§ignieal::aqdleXeCtitein O.behalf±all'lawful bonds, • 1100/talciingklan4.:,Other OhligatPry....$4*OittS'Of.githilar iWure:prOyicled'thatnp single obligation shall 090 and to bind the companies therebY. 4s..:fully and to the same eXtent:"as::if such instruments Were.:.Sig*d.kt.the duly anthOrized officers of:the:Companies.::.-::: and all of the .acts of said AttOrneY4iiisuant to the IterebyHgiyer:and- hereby ratified andconfirined:.: The Authority hereby granted :Shall expire the28rd day of September, 2021 unlzess:::Soonert.::reyOked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by. the Boards of Directors ofninted Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. : • "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to tithe, appoint by Written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instrumentsoflike nature. The signature of officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attomey or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the Original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set of fOrth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of' any such instruments • anci to attach the:seal the COmp a tes . . thOreto e President or any Vice President, the Board of' Directors or any other officer of the Companies may at any time revoke44pOWer and authOritY previously given to any attorney -in -fact. : • • IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by:its k 0 vice president and its corporate seal to be hereto affixed this 23rd day of September, 2019 % ‘0‘111 Ittill \s‘` s c•Asult 1.* 514 CORPbRATE Z — • — 1.;ockss.....SEAL 4UNITED FIRE & INDEMNITY COMPANY 7:7 UNITED FIRE & CASUALTY COMPANY ,0‘111111111/1/4 0` EAINOEN. // +4 ti, /- .1. 4:- .4 r. 1-• ii r: = - a = .7.:7 INSURANCE Inquiries: Surety Department" 118 Second Ave SE Cedar Rapids, IA 52401 .... 4 ...:44 • •• : ".. SC) / ca E•4 N p el • nArro . ‘‘ • - - */„sitRit*‘ fl, • "Minn • • • "lists 111,%0' FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa, County of Linn, ss: «Vice President ....Dn. 23rd day of September, - 2019-; before .me personally came Dennis J. Ricbmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, Slate Of Iowa; that he is a Vice President of United Fire a Casualty. Company, a:Vice President of United 4 Indemnity Company, and..a Vice President of Financial Pacific Insurance Company the corporations described in and which i: executed die iabove that he knows the seal Of said corporations; that the seal affixed to the said ;instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said COrpOratiOns.aadthat he signed his name thereto pursuant to like authoritv and:.acknowledgessairie to:be:the act and deed of Said corporatiOns. . . . . . . ' . • . . .. . . : : ' . . ... . •.• .• . . ..•• . . . . • . - . . . .. • • • • . •. •.• . • " .. • •• •.• • .- • JUdith A; iories. lowa Notarial Seal Commission number 173041 My Commission Expires 4/23/2021 Notary Public My commission expires: 4/23/2021 .:•::-. I, Mary.ki:..BertS6h,..ASSistatit S.ecietary:tfpnited Fire& Casualty. COMpaliy.:andASsistaiit S'eretary.ofVnit.e.d Fire Ind.emnity • Secretary of•Financial::Pabific InSurance;COMpany, do herebyeertify.../that:EI have cOMpared. the foregOing::Opy:of the Power of.:;Attbiney and affidavit, and tlie:.OopS7 of the Section of the bylaws .:40 resolutions of said CorpOrations as set fOrtli.:in said VoWer..of Attorney, with•theORIQINALS ON FILE:IN THE:. OFFICE. -OF .SAID::CORPORATIONSand that the same are ceiteCt.tranScript§:..i;thereof,E:::aridfOr the whole of the said originals, ana,:that.:lhe.Said:.::. ....-POWei of Attorney taS not been ievokea and is now in full force and effecti.•••:::.:.'H:-1.•:..:1L'., • In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this al8.+4,:. day:pf. , 20 • • . ‘i 111010/ • •.': 7 • 7 tt? • ‘‘1 1401. • t149tAr ... • : •:c017.brt ATE .7..7. t: CORPoRATE • „ • SIZAL •/, .45 •• 4.. KANS.) \SC. I, 101 .\\‘ In i ii On' . . . 4AL r E‘x 40allilltn1/4‘‘ ••• :'• : • Ilitlen rAt 1N$0"0., ..• •, • N-N-1.-610.0,14••:• "kb s, : :•<•-= g •"(52) • •• 'IX% 0* • al•Si jut? • l.$B6 s. 4/, 04 : • : • • ' • *S.••••••• ▪ ....... ••• innulittn0 • - / • •• . . . :Assistant:Secretary, liF&C & UF&I & FPIC • • BP0A0045 122017 This paper has a colored background and void pantograph. CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by Woodruff Construction LLC of Waterloo Iowa, at a total cost of $895,190.03, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973 and authorizing the Mayor to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 SUBJECT: Resolution approving Completion of Project and Acceptance of Work for work performed by Woodruff Construction LLC of Waterloo Iowa, at a total cost of $895,190.03 in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: JB Bolger. Golf and Downtown Area Maintenance Manager Recommended Action: Summary Statement: It is recommended that the project be accepted and that Council approve the "Statement of Completion and Final Acceptance of Work." I report that Woodruff Construction LLC. has completed the above referenced project in accordance with the plans and specifications. Policy Issue: Strategy 4.5: Quality of Place Page 58 of 192 MAINTENANCE BONO KNOW ALL MEN EY THESE PRESENTS: 13ond No. 54225771 That, Woodruff Construction, LLC of Fort Dodge, Iowa as Principal, and the United Fire & Casualty Company are held and firmly bound unto City of Waterloo as Surety, in the penal sum of Eight Hundred Ninety-five Thousand One Hundred Ninety And ($ $895,190.03 ) 03/100 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made. the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal entered into a certain contract. with City of Waterloo To furnish all the material and labor necessary for the construction of FY 2019 Lincoln Park Improvements, Waterloo, IA; Contract No. 973 in Waterloo, Iowa In conformity with certain specifications: and Whereas, a further condition of aid contract IS that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from the date of acceptance of the work under said contract; and Whereas, the said United Flre & Casualty Company for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedv any and all defects that may develop in said work within the period of Two (2) years frarn the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and condition of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this day of July 2020 16th Woodruff Construction, LLC v htatlQM, NE R-eaj;ern Pvrsrc( a1t— ed Fire & Casualty Cfynpany orney-in-Fact UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint CRAIG E. HANSEN, JAY D. FREIERMUTH, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM MCCULLOH, STACY VENN, SHIRLEY BARTENHAGEN, DIONE R. YOUNG, KEVIN J. KNUTSON, MICHELLE GRUIS, KATHLEEN BREWER, SETH D. ROOKER, SYDNEY BURNETT, EACH INDIVIDUALLY Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed SI00,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed byits ``�,„�'°N$ I,,t4f7, ``gt6��Iniim . , ,: �F c INsuq'�vice president and its corporate seal to be hereto affixed this 15th day of January, 2014 gn 4" 4� �. Ezrs pG .--6 qy � COReOR4TE Grp- =W t'UMI.O:tATF � c ¢.t r11,1 n' i£ —�� _� —�— rc U•�1ULY2g 1:o_ %� SEAL ,,, `� =� 6AL ` ISO !i e' /4 4Runos` `` '' hP! a iE*ram` •�;v C'rC/FOP ';•'!oc UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa, County of Linn, ss: ` Vice President On 15th day ofJanuary,2014, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Judith A. Jones Iowa Notarial Seal Commission number 173041 My Commission Expires 04/23/2021 Notary Public My commission expires: 04/23/2021 I, Mary A. Bertsch, Assistant Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with. the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this- 1601 day of July , 2020 . By: l / l� �i�"' Assistant Secretary, UF&C & OF&I & FPIC CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of $45,677.63, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 SUBJECT: Submitted by: S ummary S tatement: Source of Funds: Motion approving Final Quantity Summary for a net increase of $45,677.63, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle PLS, PE, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. GO Bonds Page 59 of 192 CITY or WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2019 SIDEWALK & TRAIL REPAIR PROGRAM - ZONE 9 CONTRACT NO. 969 Date Prepared: July 14, 2020 AMOUNT: $45,677.63 INCREASE TO: LODGE CONSTRUCTION, INC. , Contractor You are hereby ordered to perform the following extra work on your contract dated April 19, 2019. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As -built quantities varied for some bid items. C Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL INCREASE BY: LODGE CONSTRUCTION, INC. Mayor ATTEST: Date CONTRACTOR City Clerk Final Qty. Adj. TITLE: 5 6,617.63 Date APPROVED: /a/cQo D e y Engineer Cont # 969 Sheet 1 of 2 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction, Inc., of Clarksville, Iowa, at a total cost of $446,441.50, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and receive and file two-year maintenance bond. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction, Inc., of Clarksville, Iowa, at a total cost of $446,441.50, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and receive and file two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer Lodge Construction, Inc. has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. GO Bonds Page 60 of 192 MAINTENANCE BOND KNOW Ali- MEN BY THESE PRESBNTS: lhrad No. 2286633 That, Lodge Construction, Inc. of Clarksville, Iowa as Principal, and the North American Specialty Insurance Company are held and firmly bound u1VO City of Waterloo as Surety, in the penal sum of Four Hundred Forty-six Thousand Four Hundred Forty-one And ($ $446,441.50 50/100 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successoi'S and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal entered into a Certain contract. with City of Waterloo To furnish all the material and labor necessary for the construction of FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, in the City of Waterloo, Iowa in Waterloo, Iowa In conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a band in indemnity, guaranteeing to remedy any defects to workmanship or materials that may develop in said work within a period of two (2) years from the date of acceptance of the work under said contract, and Whereas, the said North American Specialty Insurance Company for a valuable consideration, has agreed to.loin with said Principal in such bond or guarantee, indemnifying said City of Waterloo Now, therefore, the condition of this obligation is such, chat if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of two (2) 1 years from the date of acceptance of the work under said contract by reason of bad workmanship or poor material used in the construction of said work, and shall keep all Work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. In 'Witness whereof, we have hereunto set our hands and seals this day of July , 2020 17th Lodge Construction, Inc. North American Specialty Insurance Company Suretyy� B Dione R. Young ney-in-Fact SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH„ STACY VENN, DIONER. YOUNG, and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \„nuuuullullo, y/A 1z GSEAL e4. i :m(Sitweitae gt ;r7 Omoniummo Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 3rd day of November State of Illinois County of Cook On this 3rd day of ss: ,20 17 North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation November , 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public - State of Illinois My Commission Expires 12/04/2021 • M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of July , 2020 cve 74 '/,ems Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation CITY OF WATERLOO Council Communication Resolution approving request of Colleen Hansen for a waiver for an asphalt driveway, located at 1005 Belle Street, and authorize the construction of a asphalt driveway and placing a driveway or sidewalk on city right-of- way on an unimproved street. City Council Meeting: 7/20/2020 Prepared: ATTACHMENTS: Description Type ❑ DW Waiver 1005 Belle St Backup Material SUBJECT: Resolution approving request of Colleen Hansen for a waiver for an asphalt driveway, located at 1005 Belle Street, and authorize the construction of a asphalt driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. 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 peiuut 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 and 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. Legal Descriptions: CEDAR TERRACE THIRD ADDITION L OT 114 Page 61 of 192 WAIVER Date: Honorable lV layor and City Council City Hall Waterloo, IA 50703 Council Persons: hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concrete or asphalt) icf-- ,[le 7M (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, (10 1 te.e_ti ciftseyx Printed Name of Property Owner Signature of Property Owner Page 62 of 192 CITY OF WATERLOO Council Communication Resolution approving request of Tracy Jones for a waiver for a concrete driveway, located at 1025 Gilbert Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 7/20/2020 Prepared: 7/15/2020 ATTACHMENTS: Description Type ❑ DW Waiver 1025 Gilbert St Backup Material SUBJECT: Resolution approving request of Tracy Jones for a waiver for a concrete driveway, located at 1025 Gilbert Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. 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 peiuut 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 and 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. Legal Descriptions: BEHM ADDITION WLOO LOT 24 Page 63 of 192 WAIVER Alfiewes'41- 6;Av'` ''`/ Date: /%^02,6 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a � driveway or sidewalk located at (concreteior asphalt) irz5 �, T (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick). inn of the sidewalk section due to tti ftlability_to_noef#he_grade: requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according• to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signatur of Pro+erty Owner Page 64 of 192 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 3, 2020 to approve the request of Greg Steffen to rezone 8.80 acres, from "A-1" Agricultural District to "R-2" One and Two Family Residence District with conditions, for a new single family home located at 4192 Logan Avenue, and instruct the City Clerk to publish said notice. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description ❑ Council P acket ❑ Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material Backup Material Resolution setting date of public hearing as August 3, 2020 to approve the request of Greg Steffen to rezone 8.80 acres, from "A-1" Agricultural District to "R-2" One and Two Family Residence District with conditions, for a new single family home located at 4192 Logan Avenue, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a resolution setting date of public hearing as August 3, 2020 to approve the request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District with conditions for a new single family home located at 4192 Logan Avenue, and instruct the City Clerk to publish said notice. None N/A Zoning, Land Use and Economic Development. Request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District with conditions for a new single family home located at 4192 Logan Avenue. The applicant is requesting to rezone property in order to build one additional single family home. The proposal would not appear to have a negative impact on the surrounding area. The area is currently made up of a storage business at the corner of Big Rock Road and Logan Avenue, residences and agricultural. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area as the home will be served by Logan Avenue/US Highway 63 which is classified as a Principal Arterial. There is currently no sidewalks or trails in the area. There is long term plans Page 65 of 192 Background Information: for a trail along US Highway 63/Logan Avenue but it is not currently budgeted. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential and Agricultural zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. South — Residential and Commercial zoned "A-1" Agricultural District and "C-2" Commercial District. East — Agricultural zoned "A-1" Agricultural District. West — Logan Avenue, Residential, and Agricultural zoned "A-1" Agricultural District. Homes in the area were built between 1879 and 1977 and commercial properties built in 2006. Rezoning the land would not appear to have a negative impact on drainage in the area. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0187F, dated July 18, 2011. There are no utilities currently in the area. The nearest utilities are located in Big Rock Road. The new house would have to utilize a well and septic system, but would be required to hook into public sewer and water if it would be become available in the future. The Future Land Use Map designates this area as Agricultural, Residential P otential. The applicant is requesting to rezone their land from "A-1" Agricultural District to "R-2" One and Two Family Residence District. The applicant is looking to build a new single family home to the east and behind the existing home at 4192 Logan Avenue. There are homes located to the north that are zoned "R-2" One and Two Family Residence District and commercial property to the south zoned "C- 2" Commercial District. The new home is being platted off and will require an easement agreement to allow access to the lot. The area is not currently served by utilities therefore will have a spectic system and well. However, if utilities are extended anytime to the area in the future the home should be hooked up to those utilities. During Tech Support IDOT and Engineering noted that the applicants would need to apply for a driveway permit from IDOT however, they will be using the existing driveway with an easement so no new driveway permit will be needed. The Planning, Programming and Zoning Commission voted unanimously to recommend approval of the request at their July 7, 2020 meeting. Therefore, staff recommends that the request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District with conditions for a new single family home located at 4192 Logan Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 3. Homes to the north are zoned "R-2" One and Two Family Residence Page 66 of 192 Legal Descriptions: District and the zoning to the south is "C-2" Commercial District. With the following conditions: 1. That the homes be hooked up to sewer and water if they are extended to the area in the future. 2. The property shall be limited to the existing single family home and one additional single family home for this approval and any additional homes would have to come back for amendment to this condition. The West 638.3 feet of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa except the West 311.1 feet of the North 140 feet thereof and further except that part lying within the following describe tract: Commencing at the Southwest corner of said Southwest Quarter; thence East 819 feet; thence North 363 feet; thence West 360 feet; thence North 33 feet; thence West 110 feet; thence North 462 feet; thence West 349 feet; thence South 858 feet to the place of beginning. Also except that part condemned for Highway #63 right-of-way in 548 LD90. Page 67 of 192 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: July 7, 2020 Request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue. Greg Steffen, 4192 Logan Avenue, Waterloo, Iowa 50703 The applicant is requesting to rezone property in order to build one additional single family home. The proposal would not appear to have a negative impact on the surrounding area. The area is currently made up of a storage business at the corner of Big Rock Road and Logan Avenue, residences and agricultural. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area as the home will be served by Logan Avenue/US Highway 63 which is classified as a Principal Arterial. There is currently no sidewalks or trails in the area. There is long term plans for a trail along US Highway 63/Logan Avenue but it is not currently budgeted. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential and Agricultural zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. South — Residential and Commercial zoned "A-1" Agricultural District and "C-2" Commercial District. East — Agricultural zoned "A-1" Agricultural District. West — Logan Avenue, Residential, and Agricultural zoned "A-1" Agricultural District. Homes in the area were built between 1879 and 1977 and commercial properties built in 2006. No buffers would be required for this request. Rezoning the land would not appear to have a negative impact on drainage in the area. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0187F, dated July 18, 2011. East of 4192 Logan Avenue — Al to R2 PSgEP 68f 6f 192 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: July 7, 2020 Lincoln Elementary School is located 3.30 miles to the southwest, George Washington Carver Academy is located 2.68 miles to the south and East High School is located 4.09 miles to the south. The nearest open space is Gates Park 2.45 miles to the southeast. There are no utilities currently in the area. The nearest utilities are located in Big Rock Road. The new house would have to utilize a well and septic system, but would be required to hook into public sewer and water if it would be become available in the future. The Future Land Use Map designates this area as Agricultural, Residential Potential. The applicant is requesting to rezone their land from "A-1" Agricultural District to "R-2" One and Two Family Residence District. The applicant is looking to build a new single family home to the east and behind the existing home at 4192 Logan Avenue. There are homes located to the north that are zoned "R-2" One and Two Family Residence District and commercial property to the south zoned "C-2" Commercial District. The new home is being platted off and will require an easement agreement to allow access to the lot. The area is not currently served by utilities therefore will have a spectic system and well. However, if utilities are extended anytime to the area in the future the home should be hooked up to those utilities. During Tech Support IDOT and Engineering noted that the applicants would need to apply for a driveway permit from IDOT however, they will be using the existing driveway with an easement so no new driveway permit will be needed. The Planning, Programming and Zoning Commission voted unanimously to recommend approval of the request at their July 7, 2020 meeting. The applicant is planning to subdivide the property. East of 4192 Logan Avenue — Al to R2 PSgEP 69f 6f 192 July 7, 2020 STAFF Therefore, staff recommends that the request by Greg Steffen to RECOMMENDATION: rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 3. Homes to the north are zoned "R-2" One and Two Family Residence District and the zoning to the south is "C-2" Commercial District. With the following conditions: 1. That the homes be hooked up to sewer and water if they are extended to the area in the future. 2. The property shall be limited to the existing single family home and one additional single family home for this approval and any additional homes would have to come back for amendment to this condition East of 4192 Logan Avenue — Al to R2 PSgEP 70f 6f 192 City of Waterloo Planning, Programming and Zoning Commission July 7, 2020 4192 Logan Avenue Rezone from "A-1" to "R-2" Greg Steffen Page 71 of 192 City of Waterloo Planning, Programming and Zoning Commission July 7, 2020 E BIG ROCK RD E BIG ROCKRD E BIG ROCK RD 4192 Logan Avenue Rezone from "A-1" to "R-2" Greg Steffen Page 72 of 192 4192 Logan Avenue Rezone Storage facility at the corner of Big Rock Road and Logan Avenue (US Highway 63) looking north east with the address requesting rezone just past the trees on left side of photo. Looking northwest from Big Rock Road toward the property requesting the rezone. Page 73 of 192 Looking southwest from Logan Avenue (US Highway 63) which is to the left of the trees in the center of the photograph. Existing House at 4192 Logan Avenue. Page 74 of 192 Looking east from existing lot to where house is being proposed. Former saddle shop Page 75 of 192 Looking southeast along rezone area. Looking east from existing buildings. Page 76 of 192 Looking north from existing driveway. Looking west toward existing buildings. Page 77 of 192 Looking at existing home. Page 78 of 192 Prepared By and Return To: Aric A. Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned "A-1" Agricultural District and requested to be zoned "R-2" One and Two Family Residence District, commonly known as 4192 Logan Avenue and legally described as: The West 638.3 feet of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa except the West 311.1 feet of the North 140 feet thereof and further except that part lying within the following describe tract: Commencing at the Southwest corner of said Southwest Quarter; thence East 819 feet; thence North 363 feet; thence West 360 feet; thence North 33 feet; thence West 110 feet; thence North 462 feet; thence West 349 feet; thence South 858 feet to the place of beginning. Also except that part condemned for Highway #63 right-of-way in 548 LD90. HEREBY agree to the following conditions on the above -described property: 1. The homes must be hooked up to sewer and water if such public utility is extended to the property or right-of- way adjoining the property in the future, and 2. The property shall be limited to the existing single family home and one additional single family home for this approval and any additional homes would have to come back for amendment to this condition NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its recommendation to the City Council who will review and approve the proposed -change to the above -described property. These conditions have been placed on the above -described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the following conditions shall govern the entire property as described above, which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No. 5079 and the City of Waterloo Subdivision Ordinance No. 2997, however each subdivided part thereof shall be subject to the terms of these conditions, 2) that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above, and. Agreed to this / L( day of , 2020 On this 1 "i day f £ 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared �: �� �r��i to me known to be the identical person(s) named herein and who executed the foregoing instrum- t and acknowledged that they executed the same as their voluntary act and deed. SEAL 0,31 (6 Notary Public in and for the ate of Iowa c 0 _.9__,t2, Page 1 of 1 Conditions of Zoning — 4192 Logan Avenue Page 79 of 192 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Gregory H. Steffen Address: 4192 Logan Ave Phone: 319-269-0450 Fax: City: Waterloo State: Iowa Zip: 50703 Email: gsteffen@aol.com b. Status of applicant: (a) Owner Q (b) Other 0 (SELECT ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 2.17 Acres m/I at rear of 4192 Logan Ave ( behind the old Ranchero Saddle Shop) b. Legal description of property to be rezoned: See attached description and map c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 289.3 feet by 326 feet d. Area of Proposed Zoning Boundary (Excluding Right of Way): 2.17 m/I e. Current zoning: A-1 Requested zoning: R-R f. Reason(s) for rezoning and proposed use(s) of property: Single Family Building Site g. Conditions (if any) agreed to: Easement to property via shared drive agreement with existing property h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. /42/12.161 Signs f o pplicant Datei Signature:' • er j Date Page 80 of 192 Legal Description for 4192 Logan .Ave., Waterloo, IA, 50703:. The West 638.3 feet of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, except the West 311.1 feet of the North 140 feet thereof and further except that part lying within the following described tract: Commencing at the Southwest corner of said Southwest Quarter, thence East 819 feet; thence North 363 feet; thence West 360 feet; thence North 33 feet; thence West 110 feet; thence North 462 feet; thence West 349 feet; thence South 858 feet to the place of beginning. Also except that part condemned for Highway #63 tight -of -way in 548 LD 90. Black Hawk County Abstract Company d/bia Black Hawk County Abstract & Title Company Name For Reference Purpose Only: The portion of 4192 legal description enclosed which begins 349 feet East and 140 feet South the Northwest comer of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa; thence East 289.3 feet; thence South 326; thence West 289.3 feet: thence North 326 feet to the place of beginning. See attached map. Page 81 of 192 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 3, 2020, for the sale and conveyance of City property located adjacent to 900 Commercial Street, to an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, rescinding Resolution No. 1986- 646 in its entirety, and instruct the City Clerk to publish said notice. City Council Meeting: 7/20/2020 Prepared: 7/15/2020 ATTACHMENTS: Description ❑ Ordinance 3462 ❑ Resolution 1986-646 ❑ Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Backup Material Backup Material Backup Material Resolution setting date of public hearing as August 3, 2020, for the sale and conveyance of City property located adjacent to 900 Commercial Street, to an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, rescinding Resolution No. 1986-646 in its entirety, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval In November of 1986 the City vacated the entire public alley in Original Plat of Waterloo West, Block 38, authorizing three portions to be conveyed to three abutting property owners. The property owners paid for their respectable parcels but they were never conveyed to them by deed. The property was supposed to be conveyed to Max H. Hughes, Kathryn E. Brink and the First Church of the Open Bible. Since that time, Kathryn Brink and the First Church of the Open Bible have sold their land and the entire block is owned by Maxwell V. Hughes Trust. The successor to the trust has now passed away and their attorney has requested the alley is deeded to the new successors. The alley has already been vacated by Ordinance 3462, which retained an easement over the northeasterly ten feet. Therefore, staff requests that a resolution setting date of public hearing as August 3, 2020, for the sale and conveyance of City property, located adjacent to 900 Commercial Street to An undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxine C. Hughes Revocable Trust U/A and an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, rescinding Resolution 1986-646 in its entirety, and authorize the City Clerk to publish Page 82 of 192 notice. Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of Property Legal Descriptions: The East-West alley in Block 38, Original Plat of Waterloo West, in the City of Waterloo, Black Hawk County, Iowa. Page 83 of 192 ORDINANCE NO. 3462 AN ORDINANCE VACATING AN ALLEY IN BLOCK 38, ORIGINAL PLAT OF WATERLOO WEST. RE IT ORDAINED by the City Council of the City of Waterloo, Iowa, as follows: That the East-West alley in Block 38, Original Plat of Waterloo !lest, in the City of Waterloo, R1ack Hawk County, Iowa shall be. and the same is hereby vacated, with the City's retention of an easement over, under, and above the northerly ten (10) feet of the above described alley. Passed and adopted by the City Council on the 17th day of November, 1986, approved by the Mayor on the 19th day of November, 1986. $P2)r L.ad inTey eayar� ty CTerk7Auditor CERTIFICATE I, Larry P. 'urger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and comolete copy of Ordinance No. 3462, as passed and adopted by the Council of"the City of Waterloo, Iowa, on the 17th day of November, 1986. Witness Oy Hand and Seal of Office this 19th day of November, 1986. •$ur6 ram. ity Clerk/Auditor INDEXED COMPARED PAGED ;(, _ 7807 MACK HAWK COUNTY, IOWA:sS ,ter Filed for record A (a aif° .1R: a r R M, and recorded in `t"1LCaC. Book r�_ mem Are S- D o Record*, Deputy eooK 271 PACE432 Env. City of Waterloo / Page 84 of 192 JD p "SQL ! fT S. tk'i t dR3Lt}�' ". •;4 i f v �:'� °�1 f'" w r � "� i"f' ii 1;y FI i, 't ^3'• A '.•1 9 �` •a r ,.'�-, �. - ��'r s -.A ';s`r?txf'.'.• ,�'S .yr<'' ��R..•k • F�ctr .4 .� • Mat "` if .:j1 of i^�'Sx '""JS 1.� :�:{ e;^'�,rro E i• >[ T 7 r•r'. ia'3e; T1.ii•'ai,t1 �"r;z 3�"�'rti ::��''? �'1 § "1 -,. rr XF�k t �3 :.xr '� :,•"'CE"- lr F r '.:.cii. 'p" "AV•f,Ia y a•IIs.:••ti"17'.t•fA R`' „" '4 .r'. '4TtF :� ] ''P. ?''9. '` ¢F} '4: r!"F°. :hi d Z�M14�'?�j. F4 :`E"stE*c, �`• al yl�'hr s ?'u` �,.-�5, ��7 +. '�''{ •... Y• 0-21e 9�3y., i a' Rs.., �'E rt,� :',";§ s, '° t�!w.'4.� , .« p i^ +. i.. �.. t .. 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" 0 ;0:'CS ;hr1tl; hr 0, ,. , k X- 15n :- ?h1,:,° by.P.fi4 ..inR1 •"'s:Per, .,:.-.•*.- ,.,rl iof ol_: i m,zF t tgi • 5";4ni i i" k : }C rqa ?: ' �' �. ry ovA ; 64 '.iv,,? V . �ApT "r"^.+ 5 i t trh 44ry 0, t,o. I 'IA., �F�t` . S G9U t5 .�. v,l ^. y .' •`tirS�" ;f. � o.,, ." vt ea "e' ' t� .�us's ?-4 # .] 1 -* 11:dt " i fi � J } 31 Sty f" $' ::5rg +uM y£ ,uv:? .;'x f.".k, 5 Of r t,0 �'.. r:ia'�,`-' Y' )14. t §�� ,. �.r f,"s llji �y v,a, • u.:�t�F.r 1�1f ay °,l . t !1. •' • a. t I .. ' • i .qg6 g441 r Lt.,``":x7�. ' 9? w arifps, . •l .�ry 0, 1 re u�} M1y. '�. y,,.; 1P yA'3F vp Page 88 of 192 CITY OF WATERLOO Council Communication Motion to approve Change Orders Nos. 13-14, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $1,527.00, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description Type ❑ Change Order # 13 Cover Memo ❑ Lincoln Park Change Order # 14 Cover Memo SUBJECT: Motion to approve Change Orders Nos. 13-14, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $1,527.00, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Approve the following change orders: Change Order #13 INCREASE of $2,545.00 for additional back -fill soil Recommended Action: needed to complete the project. Summary Statement: Change Order #14 DECREASE of $4,072.00 for the removal of a fiber optic splice from the scope of the project that was not needed. Original Bid: $734,330.30 Change Order #1 $57,507.00 approved 8-19-2019 Change Order #2 $37,688.00 approved 8-19-2019 Change Order #3 $ - 14,223.00 (reduction) approved 8-19-2019 Change Order #4 $88,278.00 approved 8-19-2019 Change Order #5 $3,650.00 approved 10-7-2019 Change Order #6 $ - 294.27 (reduction) approved 10-7-2019 Change Order #7 $ - 5,719.00 (reduction) approved 10-7-2019 Change Order #8 $ -895.00 (reduction) approved 11/4/2019 Change Order #9 $1,190.00 approved 11/4/2019 Change Order #10 $ -1,902.00 Change Order #11 $ -1,350.00 Change Order #12 $ -1,543.00 Change Order #13 $2,545.00 Change Order #14 $ -4,072.00 Total $895,190.03 Expenditure Required: DECREASE of $1,527.00 416/418 Downtown Improvements G.O. Bond Funds $45,000 Page 89 of 192 Source of Funds: Sign & Traffic G.O. Bond Funds $15,500 RJ McElroy Trust $125,000 Black Hawk County Gaming Association $600,000 Otto Schoitz Foundation $200,000 Max & Helen Guernsey Foundation $10,000 Total $995,500 Policy Issue: Strategy 4.5 Quality of Place Page 90 of 192 Mark Kuiper, ASLA, LEED AP CHANGE ORDER ® Mark Kuiper, RITLAND+KUIPER ❑ Nate Goetsch, Woodruff Construction ❑ Quentin Hart, Mayor of Waterloo, Iowa O El El El PROJECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 13 DATE OF ISSUANCE: 4/23/2020 FROM: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. Elimination of all joint sealant on the project. This includes all caulking of isolation joints as noted on the plans TOTAL (DEDUCT) TO CONTRACT Attachments: 2020.04.07. Estimate from Woodruff Construction $1,543.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was .. $734,330.30 Net change by previously authorized Change Orders $164,984.73 The Contract Sum prior to this Change Order was $899,315.03 The Contract Sum will be (increased) by this Change Order ($1,543.00) The new Contract Sum including this Change Order will be $897,772.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPER Landscape Architects ARCHITECT Woodruff Construction CONTRACTOR ad A/1 t k '72,1 Z'ob,, Signatur Signature Nate Goetsch City of Waterloo OWNER Signature Mayor Quentin Hart Page 91 of 192 WOODRUFF CONSTRUCTION, LLC 60 YEARS 1717 Falls Avenue I Waterloo, IA 50701 Ph: [319] 233-3349 Fax: (319) 233-3369 April 7, 2020 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: Proposal Request #15 — Elimination of Joint Sealants To whom it may concern, The following is our pricing per Pricing Request #15. Cost Breakdown Kruse Concrete (quote enclosed) = ($1,500.00) Insurance = ($14.00) Bond = ($29.00) Our total price to perform the changed work is a DEDUCT of $1,543.00 Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager PROPOSAL REQUEST PROJECT: Lincoln Park PROPOSAL REQUEST NO.: 15 Waterloo, Iowa OWNER: City of Waterloo, Iowa DATE: March 24, 2020 F.Y. 2019 #973 TO: Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 Please submit an itemized quotation for changes to the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. All conditions of the Contract shall apply to this Change unless specifically stated otherwise. The monetary and time compensation provided by this Change fully compensate the CONSTRUCTOR for the work covered by the change and for the accumulated affect that this change has on the entire scope of the work. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. The general contractor shall provide a deduct for the following: 1. Elimination of all joint sealant on the project. This includes all caulking of isolation joints as noted on the plans. Page 93 of 192 Nate Goetsch From: Travis Kruse <tkruse564@gmail.com> Sent: Tuesday, March 24, 2020 12:20 PM To: Nate Goetsch Subject: Re: FW: PR-15 Elimination of Joint Sealant Attachments: image001.png Deduct $1500 $500 for materials $1000 for labor. Travis Kruse Kruse Concrete LLC 408 lst St SE Tripoli, IA 50676 319-239-1359 tkruse564@gmail.com On Tue, Mar 24, 2020, 10:26 AM Nate Goetsch <nateg@woodruff.build> wrote: Travis, See below and attached request. Please submit pricing for their review and approval. Thanks, Nate Goetsch I Project Manager Woodruff Construction, LLC (319) 233-3349 x101 www.woodruff.build This email, including all attachments, is confidential information and belongs to the sender and/or the senders company. This information may be legally privileged. If you are not the intended recipient, you are hereby notified that any distribution, disclosure, copying, or taking of any action regarding the contents of this electronically transmitted information is strictly prohibited. If you are not the intended recipient, please reply to the sender if you have received this message in error, and then please delete. Thank you.- Woodruff Construction 1 Page 94 of 192 CHANGE ORDER ® Mark Kuiper, RITLAND+KUIPER ❑ Nate Goetsch, Woodruff Construction ❑ Quentin Hart, Mayor of Waterloo, Iowa PROJECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.:14 DATE OF ISSUANCE: 5/26/2020 FROM: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: 1. Electrical contractor shall provide a complete breakdown of labor and materials credited for the fiber splice in the existing handhole at Franklin and 4th across the street from Lincoln Park, as this splice will no longer be required. TOTAL (DEDUCT) TO CONTRACT ($4,072.00) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was .. $734,330.30 Net change by previously authorized Change Orders $166,179.73 The Contract Sum prior to this Change Order was $900,510.03 The Contract Sum will be (decreased) by this Change Order ($4,072.00) The new Contract Sum including this Change Order will be $896,438.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPER Landscape Architects Woodruff Construction City of Waterloo ARCHITECT CONTRACTOR OWNER Signatur Signature Signature Mark Kuiper, ASLA, LEED AP Nate Goetsch Mayor Quentin Hart Page 95 of 192 WOODRUFF CONSTRUCTION, LLC 60 YEARS May 22, 2020 RE: Waterloo 2019 Lincoln Park Improvements SUBJ: PR16 Fiber Splice To whom it may concern, The following is our pricing to credit the fiber splice from our contract: Cost Breakdown Nelson Electric Insurance Bond Total Our total price to perform the changed work is a DEDUCT of $4,072.00. Sincerely, WOODRUFF CONSTRUCTION, LLC Nate Goetsch, Project Manager 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 = ($3,961.00) = ($35.65) = ($75.26) =($4,072.00) I 1101.1.11111 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 7/20/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 07.20.2020 Backup Material SUBJECT: Bonds. Page 97 of 192 BONDS FOR COUNCIL APPROVAL July 20, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5281331 3402041 JERRUD SEVERANCE SAFET PILIPOVIC WATERLOO, IA WATERLOO, IA Page 98 of 192 CITY OF WATERLOO Council Communication Public Works Truck Wash Project. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description Type u 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 Public Works Division Manager for review. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: This project includes the purchase and installation of an automated vehicle/truck wash in the Public Works Building. Expenditure Required: $354,532.00 Source of Funds: GO Bond Funding Policy Issue: Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Background Information: The automated wash project was started but put on hold when the Public Works Building was being built because of funding. Plumbing and electric were installed during construction of the Public Works Building. Page 99 of 192 Public Works Truck Wash Project July 16, 2020 Bid Tab Estimate: $354,532.00 Bidder Bid Security Bid Amount Base $280,000.00 Cardinal Construction, Alt. 1 $18,500.00 Waterloo, Iowa 5 0 Alt. 2 $7,050.00 Alt. 3 $61,500.00 Base $238,700.00 Failor Hurley Construction, 0 Alt. 1 $17,400.00 Waterloo, Iowa 5 /0 Alt. 2 $6,400.00 Alt. 3 $58,600.00 Base $232,600.00 Don Gardner Construction, Alt. 1 $17,915.00 Waterloo, Iowa 5% Alt. 2 $6,455.00 Alt. 3 $58,989.00 Base $219,940.00 Kidder Construction, Inc., Alt. 1 $19,524.00 Waterloo, Iowa 5% Alt. 2 $6,192.00 Alt. 3 $56,918.00 Page 100 of 192 CITY OF WATERLOO Council Communication Purchase of One (1) 2021 Forestry Aerial Lift Truck. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description ❑ Bid Tabulation ❑ 2021 Forestry Aerial Lift Truck Bid Documents SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Type Backup Material Backup Material Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING- No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids. Resolution awarding bid to Harrison Truck Centers of Elk Run Heights, Iowa, in the amount of $176,118.00. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Approve Purchase This unit is budgeted for and forecast in the Capital Equipment Replacement Five Year Plan. Estimate of $200,000 after trade value is applied. Capital Equipment -Leisure Services Trucks CIP Funds This unit will replace a 14 year old unit that is prone to breakdowns. Due to the nature of lift truck work, operator safety is of great concern with old units. This unit is critical during all aspects of Forestry Operations work. Page 101 of 192 (1) Forestry Aerial Lift Truck July 16, 2020 Bid Tab Estimate: $200,000 after trade value is applied. Bidder Bid Amount Harrison Truck Centers Elk Run Heights, Iowa $186,618.00 Trade Value - $10,500.00 Total $176,118.00 Altec Industries Inc Creedmoor, North Carolina $191,969.00 Trade Value — $10,000.00 Total: 181,969.00 Page 102 of 192 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS 2021 FORESTRY AERIAL LIFT TRUCK Bid documents for 2021 Leisure Services Forestry Aerial Lift Truck. All equipment is expected to be ready for use by the City of Waterloo, Iowa. Page 103 of 192 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2021 FORESTRY AERIAL LIFT TRUCK Waterloo Leisure Services is seeking competitive bids for one FORESTRY AERIAL LIFT TRUCK as described in the enclosed specifications. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday July 16, 2020 until 1:00pm for the 2021 Forestry Aerial Lift Truck as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. CITY HALL IS CURRENTLY CLOSED TO WALK IN BUSINESS DUE TO COVID-19 SO PLAN ACCORDINGLY TO MAIL YOUR BIDS WITH ENOUGH TIME TO BE RECIVED BEFORE THE DEADLINE. OPENING OF BIDS All proposals for the 2021 Forestry Aerial Lift Truck will be opened at 1:00 p.m. on Thursday July 16, 2020 in the First Floor Conference Room at City Hall. Proposals will be referred to Waterloo Leisure Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications for the 2021 Forestry Aerial Lift Truck at 5:30 p.m. on Monday July 20, 2020. The hearing will be held in the Council Chambers in Waterloo City Hall. The specifications documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make an objection at the meeting. When submitting a bid, please note on the lower left hand corner of the envelope: 2021 FORESTRY AERIAL LIFT TRUCK All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Page 104 of 192 Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The bid price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/ or transportation costs necessary to supply the vehicles in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. Certain units or equipment items may be listed as trade-ins for special purchases. The trade-in values are to be specifically listed as indicated in the proposal documents. The City reserves the right to purchase the unit with or without trade ins. All bids should include all extras or options as detailed on the attached specifications sheets including special warranty provisions or maintenance provisions. The bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: IB Bolger, Golf & Downtown Area Maintenance Manager Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Monday through Friday 7AM-4:OOPM with any questions. The bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday July 16, 2020 until 1:00pm for the 2021 Forestry Aerial Lift Truck as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Page 105 of 192 Specifications for the 2021 Forestry Aerial Lift Truck: The undersigned hereby agrees to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all the necessary parts and accessories needed for its operation as specified below. Dealer must meet or exceed specifications as detailed below. Dealer must list any deviation from specifications given. ALTEC UNIT SPECS: 1. Model LR7-60E70 Articulating Overcenter Aerial Device with an insulating lower boom, insulating upper boom and the Altec ISO -Grip insulating system at the boom tip. For installation behind the cab to include the following features: A. Ground to Bottom of Platform Height 70.3 feet (21.4 meters). B. Working Height 75.3 feet (23.0 meters). C. Maximum reach to edge of platform with Upper Boom Non-overcenter (working position): 44.8 feet (13.6 Meters) at platform height 28.7 feet (8.7 meters). D. Maximum reach to edge of platform with Upper Boom Over Center 48.4 feet (14.8 meters) at platforni height of 9.8 feet (3.0 meters). E. Continuous rotation. F. Lower Boom Articulation: 0 to 125 degrees. G. Lower Boom Insulator provides 15 inches (38.1 centimeters) of isolation. H. Upper Boom Articulation: 0 to 125 degrees. I. Platform capacity: 400 lbs (181.44 kilograms). J. Platform leveling: achieved by a single leveling chain 3/4"fiberglass rods in the upper and lower booms. This lifetime system is very low maintenance. K. Hydraulic system: Open center (full pressure), maximum flow of 6.0 to 6.5 gpm (22.7 to 24.6 1pm), maximum operating pressure of 3,000 psi. L. Side -by -side Boom Stow offers low travel height and easy platform access. M. Maintenance Free Elbow: nitrated to prevent rust, increase hardness and eliminate the need for grease at the elbow. N. Small Boom Tip Profile. O. Altec Patented walking link system features uniform speed, smooth and continuous articulation and low maintenance operation. P. Unit is painted with a powder coat paint process which provides a finish -painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electrostatically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection. Q. Unit meets or exceeds ANSI 92.2 standards. 2. Automatic upper boom stow securing system with support cradle. Page 106 of 192 3. Elevator pedestal. 4. Single, One, (1) Man, Fiberglass Platform; fixed side mounted. 24 x 30 x 42 inches. Altec Patented ISO -Grip Insulating, Proportional Speed, Upper Control Handle- with safety interlock and interlock guard. Located on the side of the platform nearest the upper boom, mounted on the shaft. Forward/back operates lower boom up/down. 5. One (1) Platform Step- located on the side of the platform nearest the elbow in the stowed position. 6. Platform Cover- soft vinyl, 24 x 30 inches (610 x 762 mm). 7. Platform Liner, 24 x 30 x 42 inches (610 x 762 x 1067 mm) 50 kV Rating. 8. Hydraulic Tool Circuit at Platform: Two (2) sets of tool couplers for open center tools, located on the side of the platform nearest the elbow in the stowed postion. 9. Engine Start/Stop & Secondary Stowage System: 12 VDC powered motor and pump assembly for temporary operation of the unit in a situation wherein the primary hydraulic source fails. Electric motor is powered by the chassis battery. This feature allows the operator to completely stow the booms, platform, and outriggers. Secondary Stowage & Start/Stop is activated with an air plunger at the platform or momentary switch at the lower control station and outriggers. 10. Throttle Control- Manually increase/decrease chassis engine speed to preset values. Control is captive air operated from the platform and momentary switch operated from the lower controls and curbside at tailshelf. To control throttle of engine at platform. 11. Slip Ring: Required for engine start/stop, secondary stowage system, and throttle control options. 12. Primary A- Frame Outriggers with 5-degree swivel shoe. For installation on a 36 to 40 inch chassis frame height. A. Maximum Spread: 140 inches to the outer edge of shoes B. Ground Penetration: 7 to 11 inches depending on chassis frame height C. Outrigger/Unit Selector Valve: reduces the potential for inadvertent outrigger movement during machine operation if outrigger controls are bumped D. Outrigger Control Valves: located on the outrigger legs E. Outrigger Interlocks: will not allow the unit to be operated until the outriggers have been at least partially deployed F. Outrigger Motion Alarms 13. Hydraulic Outrigger Control Valves 14. Insulating Aerial Device, ANSI Category C, 46kV and Below Page 107 of 192 15. Bolt on Grab Handle for Turntable 16. Altec Unit Powder Painted White 17. Chainsaw Scabbard 18. Ergonomic Bucket Pad 24 x 30 19. Hydraulic Reservoir, 30 Gallon, Rectangular 20. No Reservoir Gauge Required 21. HVI-22 Hydraulic Oil (Standard) {35 Gal) 22. Standard Pump for PTO 23. Hot shift PTO for automatic transmission 24. Standard Altec PTO/Machine Functionality: PTO won't engage until parking brake is set. -Once parking (holding) brake is set, PTO and machine functions are enabled. -If parking (holding) brake is disengaged, both PTO and machine functions are disabled. 25. Standard PTO/Transmission Functionality for Automatic Transmissions- If chassis is in gear, and PTO switch is activated, PTO will not engage. Chassis will remain in gear. Once the chassis is shifted back into gear the PTO will disengage. For some truck configurations the PTO switch must be turned off to allow the transmission to shift into gear. ALTEC BODY SPECS: 26. Altec Body 27. Steel Body 28. Chip Dump Body 14.5 cubic yard capacity, 96 inches wide x 60 inches high x 132 inches long (2438 x 1524 x 3353 mm) A. Structural Channel stringers and floor channel B. 12 gauge minimum floor plate C. 14 gauge minimum sides and roof with full length die -formed reinforcing ribs D. 12 gauge front panel E. 12 gauge minimum rear under body skirt panel F. Rear top and sides of body reinforced for lower boom support G. Class "C" Hydraulic hoist, installed, with 45 degree dump angle and body dump Page 108 of 192 H. Interior of chip body finished with scratch and corrosion resistant liner 29. Finish Paint Body Custom Color- To be painted Freightliner Candy Apple Red 30. Undercoat Body 31. 132" Chip Dump Length 32. 60" Chip Dump Height 33. 96" Chip Dump Width 34. Ladder Box on Streetside of Dump Body 35. Pole Pruner Box on Streetside of Dump Body Above Ladder Compartment Details: - Pole Pruner box to be 12" high by 12" wide - Door to open 180 degrees 36. Solid Tailgate Hinged on Curbside with Pin and Lanyard Details: - Door to open 270 degrees 37. Complete LED Lights and Reflectors Per FMVSS 108 38. 4-Point Flush Mounted LED Strobes 39. Altec T-Box/ Saddle Box 40. Steel T-Box/Saddle Box 41. T-Box/S-Box is to be Built in Accordance with the Following Altec Standard Specifications: A. Basic Body Fabricated from A40 Grade 100% Zinc Alloy Coated Steel B. All Doors are Full, Double Paneled, Self -Sealed with Built -In Drainage for Maximum Weather -Tightness. Stainless Steel Hinge Rods Extend Full Length of Door C. Heavy -Gauge Welded Steel Frame Construction with Structural Channel Crossmembers D. Integrated Door Header Drip Rail at Top for Maximum Weather Protection E. Steel Treated for Improved Primer Bond and Rust Resistance F. Automotive Type Non -Porous Door Seals Fastened to the Door Facing G. B-Line Channel Installed in Compartments 42. Smooth Galvanneal Steel Floor 43. T-66 Thru Box Page 109 of 192 44. Finish Paint T-Box/Saddle Box Custom Color (Provide Color and Code) Details: -To be painted Freightliner Candy Apple Red 45. Undercoat T-Box/Saddle Box 46. 66" Overall Body Length 47. 96" Overall Body Length 48. 50" Overall Body Length 49. 26.5" Body Compartment Depth 50. Non -Skid T-Box/S-Box Compartment Top for Working (Non -Walking) Surface (To Be Completed at Final Assembly) 51. Rope Lights (LED) Around Top and Sides of Compartment Doors Facings (Qt. 6) 52. Stainless Steel T-Handle Three Point Latches with Locks (Qt. 4) 53. All Locks Keyed Alike Including Accessories (Preferred Option) 54. Master Body Locking System (Security Locking Rods) (Qt. 6) 55. Rod and Spring Rigid Door Holders on All Vertical Doors 56. Overlapping Doors on Streetside, No Partitions. Details - 1st and 2"d vertical to be barn style doors 57. Overlapping Doors on Curbside, No Partitions. Details - 1st and 2"d vertical to be barn style doors 58. 1st Vertical (SS) — Fixed Shelf with Removable Dividers on 4" Centers (Qt. 2) Details: - To span 1st and 2"d Vertical - Installed 11" and 25" from top 59. 1st Vertical (SS) — Full Transverse Compartment Extending Through the Curbside Vertical 60. 2"d Vertical (SS) -- Fixed Shelf with Removable Dividers on 4" Centers (Qt. 2) Details: - To Span 1st and 2"d Vertical - Installed 11" and 25" from Top 61 2"d Vertical (SS) 4" High Drawer Kit on Slides, as Wide as Possible, Latched Detials: Page 110 of 192 - To be 32" Wide - Installed on 2" Vertical Side 62. 3rd Vertical (SS) — Fixed Shelf with No Dividers- Details: - To be thru storage to CS - Installed 11" and 25" from top 63. 1st Vertical (CS) — Locking Swivel Hoos(s) on a Fixed Rail- Left Wall (Qt. 3) 64. lst Vertical (CS) — Locking Swivel Hook(s) on a Fixed Rail- Right Wall (Qt. 3) 65. 2nd Vertical (CS) -- Fixed Shelf with no Dividers (Qt. 2)- Details: - Installed 11" and 25" from top of compartment 66. 3rd Vertical (CS) — Platform mounted behind compartment, 12" high x 25" wide x 26.5" deep. Horizontal thru compartment (6" high) recessed 12", open to streetside with vertical partitions spaced 10", 6", and 9" wide with drop -down door. Access step to T- box compartment top. 67. Cab Guard, 140" L, 12 GA Sheet Metal with Non -Skid Surface and Expanded Metal Section at Front, Black Gator Hyde Coating- Details: - To be painted to match chassis. - Freightliner Candy Apple Red. A. Cab Guard Mounting Kit B. Front Supports for Cab Guard 68. ICC (Underside Protection) Bumper Installed at Rear 69. T-125 Style Pintle Hitch (30,000 LB) 70. Custom Towing Device Details: - One (1) set of trailer safety chain eyebolts install each side of towing device 71. Set of D-Rings for Trailer Safety Chain, installed on each side of towing device mount. Details: -Installed on front bumper - To be rated at 10,000 lbs each 72. Rigid Access Step Under Through Box Side Access Platform 73. Cab Guard Access Stirrup Step(s) with Grab Handle(s) at Curbside Rear of Cab Guard Page 111 of 192 74. Cab Guard Access Stirrup Steps(s) with Grab Handle(s) at Streetside Rear of Cab Guard 75. Platform Rest, Rigid with RubberTube 76. No Automatic Lower Boom Stow Securing System 77. Plastic Outrigger Pad 24" x 24" x 2" Black with Handle (Qt.2) 78. Outrigger Pad Holder, 25" L x 25" W x 3" H, Fits 24.5" x 24.5" x 2" and Smaller Pads, Bolt -On, Bottom Washout Holes, 3/4" Lip Retainer (Qt. 2) 79. Pendulum Retainers for Outrigger Pad Holders (Qt. 2) 80. Mud Flaps with Altec Logo (Pair) 81. Wheel Chocks, Rubber, 9,75" L x 7.75" W x 5.00" H, with 4" L Metal Hairpin Style Handle (Pair) (Qt. 2) 82. Wheel Chock Holders (Pair), for Installation Under Flatbed or Dump Body (Qt. 2) 83. Grab Handle Installed on Top of Curbside Rear Through Box Compartment 84. Small Grab Handle Installed on Front of Dump Body at Through Box Side Access Platform 85. Small Grab Handle Installed on Rear of Through Box on Curbside at Through Box Side Access Platform 86. Slope Indicator Assembly for Machine with Outriggers 87. Cone Holder, Horizontal Style with Vertical Pivot (Un-folds Upwards), for Mounting on Front Bumper (Holds up to four 15" x 15" Large Cones) 88. Driveway Safety Kit 89. Vinyl manual pouch for storage of all operator and parts manuals 90. Additional Body/Chassis Accessory Details: - Install 8" Round Mirrors - One Installed 26" from bottom of cab guard on front upright CS. ALTEC ELECTRICAL ACCESSORIES SPECS: 91. Compartment Lights Wired to Dash Mounted Master Switch Page 112 of 192 92. Lights and Reflectors in Accordance with FMVSS #108 Lighting Package. (Complete LED, Including LED Reverse Lights) 93. Altec Standard Amber LED Strobe Light with Brush Guard (Qt. 2) Details: - One (1) Installed Front Corner SS of Cabguard - One (1) Installed SS Rear Corner of Chip Dump 94. 4-Corner Strobes, Amber, LED, Two (2) Round Lights in Front Bumper, Two (2) Round Lights at Rear Details: - Two (2) Front Round Lights to be Installed in Upper Front Corners of Cabguard 95. Strobe Lights Wired Ignition Hot 96. Flood Light, LED, with Aluminum Housing, 4.25" W x 4.25" H, No Switch on the Light Details: - Installed Rear SS Upper Corner of Chipbox to Illuminate Inside of Chipbox - Provide Switch in Dash - Run through steel conduit inside chip box 97. Auxiliary Lighting Wired Ignition Hot 98. Dual Tone Back -Up with Outrigger Motion Alarm 99. PTO Hour Meter, Digital, with 10,000 Hour Display 100. 6-Way Trailer Receptacle (Pin Type) Installed at Rear 101. Custom Brake Controller Tekonsha P3 Electronic Brake Control for Proportional Braking System 102. Altec Modular Panel System (AMPS) -- Includes Mounting Panel and Accessory Switches 103. Power Distribution Module is a Compact Self -Contained Electronic System that Provides a Standardized Interface with the Chassis Electrical System. (Includes Operators Manual) 104. Install Secondary Stowage System. 105. Install Remote Start/Stop System in Final Assembly 106. Install Two Speed Throttle System 107. Install Outrigger Interlock System Page 113 of 192 108. Heavy Duty Secondary Stowage Pump 109. PTO Indicator Light Installed in Cab 110. Additional Electrical Accessory Details: (Qt. 2) - Installed SS and CS top center of chip box - Whelen PCP2AFS Installed CS - Whelen PCP2ASF Installed SS - Provide Chrome Flange PBA 203 - Provide Two (2) Switches in Cab for Each Light 111. Additional Electrical Accessory any wiring for lights in chip dump are to be run through steel conduit to not be exposed to the elements. ALTEC FINISHING DETAILS: 112. Powder Coat Unit Altec White 113. Finish Paint Body Accessories Custom Color Freightliner Candy Apple Red 114. Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D-rings, receiver tubes, accessory mounts, light brackets, under -ride protection etc. Components mounted to underside of body shall be coated black by Altec i.e. Wheel chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders. 115. Custom paint. Details: - Paint cab guard Freightliner Candy Apple Red 116. Apply Non -Skid Coating to all Walking Surfaces 117. Apply Non -Skid Coating to Top of T-Box for use as Non -Walking Surface 118. English Safety and Instructional Decals 119. Vehicle Height Placard — Installed in Cab 120. Placard, HVI-22 Hydraulic Oil 121. Dielectric Test Unit According to ANSI Requirements 122. Stability Test Unit According to ANSI Requirements 123. Focus Factory Build Page 114 of 192 124. Delivery of Completed Unit to 1101 Campbell Ave, Waterloo, Iowa, 50701 125. Inbound Freight 126. Additional Finishing Detail: Travel Height to be Under 13' 2" 127. Installation — LR7-60E70 Aerial Device Page 115 of 192 FREIGHTLINER CHASSIS SPECS: M2 706 CONVENTIONAL CH�4SS1S SET BACK AXLE - TRUCK CUM L9 300 HP @ 2000 RPM, 2200 GOV RPM, 860 LB/FT @ 1300 RPM ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION ❑ETROIT DA-RS-21.0-4 21,000# R-SERIES SINGLEREAR AXLE 23,000# 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER DETROIT DA-F-14,7-3 14,700# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE 14,600# TAPERLEAF FRONT SUSPENSION 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 5375MM (212 INCH) WHEELBASE 11132X3-112X10-15116 INCH STEEL FRAME (8.73MMX277.8MM/0.344X10.94 INCH) 120KS1 2550MM (100 INCH) REAR FRAME OVERHANG Page 116 of 192 A proposal for ALTEC INDUSTRIES CREEDMOOR WATERLOO LEISURE SERVICES 2021 Freightliner M2 106 4X2 @ 33,000 GVWR DERATE CALC'D BACK OF CAB TO REAR SUSP C/L (CA) : 146.06 in CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) : 143.06 in Components shown may not reflect ail speed options and are not to scale Page 117 of 192 Data Code SPECIFICATION PROPOSAL Description Weight Front Weight Rear rice' enere PRL-18M rs DRL-006 001-172 004-221 002-004 019-002 003-001 M2 PRL-18M (EFF:04/17/18) SPECPRO21 DATA RELEASE VER 006 M2 106 CONVENTIONAL CHASSIS 2021 MODEL YEAR SPECIFIED SET BACK AXLE - TRUCK STRAIGHT TRUCK PROVISION LH PRIMARY STEERING LOCATION AA1-002 TRUCK CONFIGURATION AA6-001 DOMICILED, USA 50 STATES (INCLUDING CALIFORNIA AND CARB OPT -IN STATES) A85-010 UTILITY/REPAIR/MAINTENANCE SERVICE A84-1 UT UTILITY BUSINESS SEGMENT AA4-011 FIXED LOAD COMMODITY AA5-002 TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS AB1-008 MAXIMUM 8% EXPECTED GRADE AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN -TRANSIT (BETWEEN SITES) ROAD SURFACE 995-091 MEDIUM TRUCK WARRANTY A66-99D EXPECTED FRONT AXLE(S) LOAD : 14000.0 Ibs A68-99❑ EXPECTED REAR DRIVE AXLE(S) LOAD : 19000.0 Ibs A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY :33000.0 Ibs rucK bervi AA3-006 UTILITY BODY 5,709 3,503 Page 118 of 192 Data Code Description Weight Weight Front Rear A88-99D EXPECTED TRUCK BODY LENGTH : 1.0 ft AE2-99D EXPECTED TRUCK BODY WIDTH : 96.0 in A89-99D BRAKING -EXPECTED CAB TO BODY CLEARANCE : 3.0 in AF3-1EN ALTEC AF7-99D EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES : 32.0 in 101-22P CUM L9 300 HP @ 2000 RPM, 2200 GOV RPM, 860 LB/FT @ 1300 RPM ectronic ammeters 79A-070 70 MPH ROAD .. OSPEED LIMIT 79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 79K-005 PTO MODE ENGINE RPM LIMIT - 900 RPM 79M-001 PTO MODE BRAKE OVERRIDE - SERVICE BRAKE APPLIED 79P-002 PTO RPM WITH CRUISE SET SWITCH - 700 RPM 79Q-003 PTO RPM WITH CRUISE RESUME SWITCH - 800 RPM 79S-001 PTO MODE CANCEL VEHICLE SPEED - 5 MPH 79U-007 PTO GOVERNOR RAMP RATE - 250 RPM PER SECOND 80G-002 PTO MINIMUM RPM - 700 80J-002 REGEN INHIBIT SPEED THRESHOLD - 5 MPH one Equipme 99C-017 2016-2019 ONBOARD DIAGNOSTICS/2010 EPA/CARB/FINAL GHG17 CONFIGURATION 99D-009 2008 GARB EMISSION CERTIFICATION - CLEAN IDLE (INCLUDES 6X4 INCH LABEL ON LEFT SIDE OF HOOD) 13E-001 STANDARD 01L PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL 133-004 ONE PIECE VALVE COVER 014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER 124-1D7 DR 12V 160AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-235 (2) DTNA GENUINE, FLOODED STARTING, MIN 2000CCA, 370RC, THREADED STUD BATTERIES Data Version PRL-18M.006 WATE33K20-18M D-132 640 10 30 03/03/2020 1:43 PM Page 5 of 21 Page 119 of 192 Weight Weight Data Code Description Front Rear 290-017 BATTERY BOX FRAME MOUNTED 281-005 STANDARD BATTERY JUMPERS W/ 2/0 CAB TO RAIL GROUND CABLE 282-001 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN 289-001 NON -POLISHED BATTERY BOX COVER 87P-998 NO CAB AUXILIARY POWER WIRING 107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE 108-002 STANDARD MECHANICAL AIR COMPRESSOR GOVERNOR 131-013 AIR COMPRESSOR DISCHARGE LINE 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM 128-998 NO RETARDER 016-1C2 RH OUTBOARD UNDER STEP MOUNTED 30 25 HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 28F-002 ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 239-200 INTEGRATED STACK AND B-PILLAR PIPE WITH MINIMUM STACK PROTRUSION ABOVE CAB 237-1CR RH CURVED VERTICAL TAILPIPE B-PILLAR MOUNTED ROUTED FROM STEP 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK 30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL. 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP 242-001 STAINLESS STEEL AFTERTREATMENT DEVICE/MUFFLER/TAILPIPE SHIELD 273-018 HORTON DRIVEMASTER ADVANTAGE ON/OFF FAN DRIVE 276-001 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER 118-008 COMBINATION FULL FLOW/BYPASS OIL. FILTER Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 6 of 21 Page 120 of 192 Weight Weight Data Code Description Front Rear 266-013 1100 SQUARE INCH ALUMINUM RADIATOR 103-039 ANTIFREEZE TO -34F, OAT (NITRITE AND SILICATE FREE) EXTENDED LIFE COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT 172-001 CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES 270-016 RADIATOR DRAIN VALVE 168-002 LOWER RADIATOR GUAR❑ 138-011 PHILLIPS-TEMRO 1000 WATT/115 VOLT BLOCK HEATER 140-053 BLACK PLASTIC ENGINE HEATER RECEPTACLE MOUNTED UNDER LH DOOR 134-001 ALUMINUM FLYWHEEL HOUSING 132-004 ELECTRIC GRID AIR INTAKE WARMER 155-058 DELCO 12V 38MT HD STARTER WITH INTEGRATED MAGNETIC SWITCH Transmission'_ 342-584 ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Transmission E 343-339 me ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON 3000/4004 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, HS, MH AND TRV 84B-012 ALLISON VOCATIONAL RATING FOR ON/OFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84D-023 SECONDARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84E-017 S5 PERFORMANCE LIMITING PRIMARY SHIFT SCHEDULE, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84F-016 S5 PERFORMANCE LIMITING SECONDARY SHIFT SCHEDULE, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84G-014 2200 RPM PRIMARY MODE SHIFT SPEED 84H-014 2200 RPM SECONDARY MODE SHIFT SPEED 70 4 200 60 Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 7 of 21 Page 121 of 192 Weight Weight Data Code ❑escription Front Rear 84J-000 ENGINE BRAKE RANGE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84K-000 ENGINE BRAKE RANGE ALTERNATE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84N-200 FUEL SENSE 2.0 DISABLED - PERFORMANCE - TABLE BASED 84U-000 DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES 34C-001 ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR FIREWALL MOUNTED 362-824 (2) CUSTOMER INSTALLED CHELSEA 280 SERIES PTO'S 363-011 PTO MOUNTING, LH AND RH SIDES OF MAIN TRANSMISSION 341-018 MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED 97G-004 TRANSMISSION PROGNOSTICS - ENABLED 2013 370-015 WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK 346-013 TRANSMISSION OIL CHECK AND FILL WITH CROSSOVER TO CLEAR LH PTO AND DIRECT MOUNT PUMP 35T-001 SYNTHETIC TRANSMISSION FLUID (TES-295 COMPLIANT) Front Axle and Equipment 400-1A8 DETROIT DA-F-14.7-3 14,700# FF1 71.5 KPI13.74 DROP SINGLE FRONT AXLE 402-1A4 MERITOR EX-L OPTIMIZED AXIAL AIR DISC FRONT BRAKES 403-002 NON -ASBESTOS FRONT BRAKE LINING 419-004 FRONT DISC BRAKE ROTORS 409-006 FRONT OIL SEALS 408-001 VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS - OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES 405-030 FRONT AIR DISC BRAKE INTERNAL ADJUSTERS 536-012 TRW TAS-85 POWER STEERING 539-003 POWER STEERING PUMP Data Version PRL-18M,006 WATE33K20-18M D-132 10 40 03/03/2020 1:43 PM Page 8 of 21 Page 122 of 192 Data Code Description Weight Weight Front Rear rent ear 534-015 2 QUART SEE THROUGH POWER STEERING RESERVOIR 40T-002 SYNTHETIC 75W-90 FRONT AXLE LUBE aspens lon 620-010 14,600# TAPERLEAF FRONT SUSPENSION 619-005 MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION 410-001 FRONT SHOCK ABSORBERS e: and Eq .men 420-1C8 DETROIT DA-RS-21.0-4 21,000# R-SERIES SINGLE REAR AXLE 421-588 5.88 REAR AXLE RATIO 424-001 IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING 386-073 MXL 17T MERITOR EXTENDED LUBE MAIN DRIVELINE WITH HALF ROUND YOKES 423-1A4 MERITOR EX-L OPTIMIZED AXIAL AIR DISC REAR BRAKES 433-002 NON -ASBESTOS REAR BRAKE LINING 434-011 BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLE(S) 451-005 REAR DISC BRAKE ROTORS 440-006 REAR OIL SEALS 426-1AH AIR DISC LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS 428-030 REAR AIR DISC BRAKE INTERNAL ADJUSTERS 41T-002 SYNTHETIC 75W-90 REAR AXLE LUBE Rear Suspension,: 622-1 MJ 23,000# 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER 621-002 SPRING SUSPENSION - 1.00" AXLE SPACER 431-001 STANDARD AXLE SEATS IN AXLE CLAMP GROUP Brake System 018-002 AIR BRAKE E PACKAGE 490-100 WABCO 4514M ABS 871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE Data Version PRL-18M.006 WATE33K20-18M D-132 170 20 20 -25 110 03/03/2020 1:43 PM Page 9 of 21 Page 123 of 192 Weight Weight Data Code Description Front Rear 412-001 STANDARD BRAKE SYSTEM VALVES 46D-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S. FRONT BRAKE VALVE 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE 480-086 BW AD-9S1 BRAKE LINE AIR DRYER WITH HEATER 479-012 AIR DRYER MOUNTED UNDER HOOD 460-090 STEEL AIR BRAKE RESERVOIRS, NO TRIPLE OR TORPEDO TANKS 607-001 CLEAR FRAME RAILS FROM BACK OF CAB TO FRONT REAR SUSPENSION BRACKET, BOTH RAILS OUTBOARD PULL CABLES ON ALL AIR RESERVOIR(S) 477-004 Trailer Connections 335-004 UPGRADED CHASSIS MULTIPLEXING UNIT 32A-002 Wheelbase & Frame UPGRADED BULKHEAD MULTIPLEXING UNIT 545-537 5375MM (212 INCH) WHEELBASE 546-101 11132X3-112X10-15116 INCH STEEL FRAME (8.73MMX277.8MM/0.344X10.94 INCH) 120KSI 552-063 2550MM (100 INCH) REAR FRAME OVERHANG 55W-009 FRAME OVERHANG RANGE: 91 INCH TO 100 INCH AC8-99D CALC'D BACK.OF CAB TO REAR SUSP CIL (CA) : 146.06 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION CIL (CA) : 143.06 in AE4-99D CALC'D FRAME LENGTH - OVERALL : 341.4 FSS-OLH CALCULATED FRAME SPACE LH SIDE : 110.5 in FSS-ORH CALCULATED FRAME SPACE RH SIDE : 215.55 in AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE : 146.45 in 553-001 SQUARE END OF FRAME 550-001 FRONT CLOSING CROSSMEMBER 559-001 STANDARD WEIGHT ENGINE CROSSMEMBER 561-010 CROSSMEMBER FLUSH WITH BACK OF CAB 562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S) 220 130 -40 180 15 Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 10 of 21 Page 124 of 192 Data Code Description Weight Weight Front Rear 572-063 STANDARD REARMOST CROSSMEMBER WITH DOUBLE STANDARD CROSSMEMBER SPACING 565-001 STANDARD SUSPENSION CROSSMEMBER 558-001 THREE-PIECE 14 INCH PAINTED STEEL BUMPER WITH COLLAPSIBLE ENDS FRONT TOW HOOKS - FRAME MOUNTED 574-001 BUMPER MOUNTING FOR SINGLE LICENSE PLATE 586-024 FENDER AND FRONT OF HOOD MOUNTED FRONT MUDFLAPS 551-017 GRADE 8 THREADED HEX HEADED FRAME FASTENERS INSTALLED WITH BOLT HEADS ON OUTSIDE OF FRAME 605-103 CENTER PUNCH TO MARK CENTERLINE OF REAR SUSPENSION ON TOP FLANGE OF FRAME Fuel Tanks 204-215 50 GALLON/189 LITER SHORT RECTANGULAR ALUMINUM FUEL TANK - LH 218-005 RECTANGULAR FUEL TANK(S) 215-005 PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAULIC TANK(S) WITH PAINTED BANDS 212-007 FUEL TANK(S) FORWARD 664-001 PLAIN STEP FINISH 205-001 FUEL TANK CAP(S) 122-1J1 DETROIT FUELWATER SEPARATOR WITH WATER IN FUEL SENSOR, HAND PRIMER AND 12 VOLT PREHEATER" 216-020 EQUIFLO INBOARD FUEL SYSTEM 202-016 HIGH TEMPERATURE REINFORCED NYLON FUEL LINE Ui 093-1RM MICHELIN X WORKS Z 12R22,5 16 PLY RADIAL FRONT TIRES 094-2BX MICHELIN X WORKS XDY 11R22.5 16 PLY RADIAL REAR TIRES 418-060 CONMET PRESET PLUS PREMIUM IRON FRONT HUBS Data Version PRL-18MA06 WATE33K20-18M D-132 30 15 20 -5 76 88 03/03/2020 1:43 PM Page 11 of 21 Page 125 of 192 Data Code Description Weight Weight Front Rear heel 450-060 CONMET PRESET PLUS PREMIUM IRON REAR HUBS 502-657 ACCURIDE 51408 ACCU-LITE 22.5X8.25 10-HUB PILOT 6.16 INSET 2-HAND STEEL DISC FRONT WHEELS 505-657 ACCURIDE 51408 ACCU-LITE 22.5X8.25 10-HUB PILOT 2-HAND STEEL DISC REAR WHEELS 50T-998 NO FRONT AXLE WHEEL/HUB COVER 496-011 FRONT WHEEL MOUNTING NUTS .497-011 REAR WHEEL MOUNTING NUTS Cab" Exterior ................................ 829-071 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 650-003 LEAF SPRING REAR CAB SUSPENSION 678-998 NO GRAB HANDLES 646-009 PAINTED PLASTIC GRILLE 65X-001 ARGENT SILVER HOOD MOUNTED AIR INTAKE GRILLE 644-004 FIBERGLASS HOOD 726-002 DUAL ELECTRIC HORNS 657-001 DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME 78G-002 KEY QUANTITY OF 2 575-001 REAR LICENSE PLATE MOUNT END OF FRAME 312-043 INTEGRAL HEADLIGHT/MARKER ASSEMBLY 302-001 (5) AMBER MARKER LIGHTS 294-001 INTEGRAL STOP/TAIL/BACKUP LIGHTS 300-015 STANDARD FRONT TURN SIGNAL LAMPS 469-998 NO WORK LIGHT 744-1 BG DUAL WEST COAST MOLDED -IN COLOR HEATED MIRRORS 797-001 DOOR MOUNTED MIRRORS 796-001 102 INCH EQUIPMENT WIDTH 743-1AP LH AND RH 8 INCH MOLDED -IN COLOR CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS 729-001 STANDARD SIDE/REAR REFLECTORS 768-043 63X14 INCH TINTED REAR WINDOW 661-003 TINTED DOOR GLASS LH AND RH WITH TINTED NON -OPERATING WING WINDOWS Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 12 of 21 Page 126 of 192 Data Code Description Weight Weight Front Rear 654-003 MANUAL DOOR WINDOW REGULATORS 663-013 1-PIECE SOLAR GREEN GLASS WINDSHIELD 659-020 2 GALLON WINDSHIELD WASHER RESERVOIR WITH FLUID LEVEL INDICATOR, FRAME MOUNTED 'ab Interior 707-1AK OPAL GRAY VINYL INTERIOR 706-013 MOLDED PLASTIC DOOR PANEL 708-013 MOLDED PLASTIC DOOR PANEL 772-006 BLACK MATS WITH SINGLE INSULATION 785-004 DASH MOUNTED ASH TRAY(S) WITHOUT LIGHTER 691-008 FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING 694-010 IN DASH STORAGE BIN 742-007 (2) CUP HOLDERS LH AND RH DASH 680-006 GRAY/CHARCOAL FLAT DASH 700-002 HEATER, DEFROSTER AND AIR CONDITIONER 701-001 STANDARD HVAC DUCTING 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH 170-015 STANDARD HEATER PLUMBING 130-041 VALEO HEAVY DUTY A/C REFRIGERANT COMPRESSOR 702-002 BINARY CONTROL, R-134A 739-033 STANDARD INSULATION 285-013 SOLID-STATE CIRCUIT PROTECTION AND FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM 324-011 DOME DOOR ACTIVATED LH AND RH, DUAL READING LIGHTS, FORWARD CAB ROOF 655-001 CAB DOOR LATCHES WITH MANUAL DOOR LOCKS 284-045 (2) 12 VOLT POWER RECEPTACLES MOUNTED IN DASH 756-1J3 BASIC HIGH BACK AIR SUSPENSION DRIVER SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 760-1 ED 2 MAN TOOLBOX MIDBACK NON SUSP FRONT PASSENGER SEAT WITH 3.0" X 4.75' CUTOUT IN TOOLBOX BACK PANEL. 30 Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 13 of 21 Page 127 of 192 Weight Weight Data Code Description Front Rear 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS 758-017 GRAY CORDURA PLUS CLOTH DRIVER SEAT COVER 761-017 GRAY CORDURA PLUS CLOTH PASSENGER SEAT COVER 763-101 BLACK SEAT BELTS 532-002 ADJUSTABLE TILT AND TELESCOPING STEERING COLUMN 540-015 4-SPOKE 18 INCH (450MM) STEERING WHEEL 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS 67E-998 NO ENTRY/ACCESS/STEP WIRING Instruments & Controls' 732-004 GRAY DRIVER INSTRUMENT PANEL 734-004 GRAY CENTER INSTRUMENT PANEL 87L-003 ENGINE REMOTE INTERFACE WITH PARK BRAKE AND NEUTRAL INTERLOCKS 870-001 BLACK GAUGE BEZELS 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-002 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES 198-025 INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS 149-013 ELECTRONIC CRUISE CONTROL WITH SWITCHES IN LH SWITCH PANEL 156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY 811-042 ICU3S, 132X48 DISPLAY WITH DIAGNOSTICS, 28 LED WARNING LAMPS AND DATA LINKED 160-038 HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 148-074 ENGINE REMOTE INTERFACE NOT CONFIGURED 163-004 ENGINE REMOTE INTERFACE CONNECTOR IN ENGINE COMPARTMENT 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 864-001 2 INCH TRANSMISSION OIL TEMPERATURE GAUGE 10 Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 14 of 21 Page 128 of 192 Weight Weight Data Code Description Front Rear olor.. 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY 372-051 CUSTOMER FURNISHED AND INSTALLED PTO CONTROLS 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE 679-001 OVERHEAD INSTRUMENT PANEL 746-115 AMIFMNVB WORLD TUNER RADIO WITH BLUETOOTH AND USB AND AUXILIARY INPUTS, J1939 747-001 DASH MOUNTED RADIO 750-002 (2) RADIO SPEAKERS IN CAB 753-001 AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF 810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER 817-001 STANDARD VEHICLE SPEED SENSOR 812-001 ELECTRONIC 3000 RPM TACHOMETER 162-011 IDLE LIMITER, ELECTRONIC ENGINE 836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY 660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY 304-001 MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH 882-009 ONE VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR 299-013 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, WASHERNVIPERAND HAZARD IN HANDLE 298-039 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS 065-000 PAINT: ONE SOLID COLOR 980-5F6 CAB COLOR Fre i girl- I i ner Candy App l e 986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT 962-972 POWDER WHITE (N0006EA) FRONT WHEELS/RIMS (PKWHT21, TKWHT21, W, TW) 966-972 POWDER WHITE (N0006EA) REAR WHEELS/RIMS (PKWHT21, TKWHT21, W, WV) Data Version PRL-18M.006 WATE33K20-18M D-132 Red 10 03/03/2020 1:43 PM Page 15 of 21 Page 129 of 192 Data Code Description Weight Front Weight Rear 964-6Z7 BUMPER PAINT: FP24812 ARGENT SILVER DUPONT FLEX 17 DIGIT BAR CODE INSIDE LH DOOR STANDARD E COAT/UNDERCOATING ompltance U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS econdaty Factory Options 95M-998 NO CUSTOMER FURNISHED MATERIAL SPECIFIED .. .. ............... .. . aw Performance Data AE4-99D CALC'D FRAME LENGTH - OVERALL : 341.4 AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) : 143.06 in AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE : 146.45 in 969-099 963-003 ification 11 996-001 Sales Programs NO SALES PROGRAMS HAVE BEEN SELECTED OTAL ht Summar Factory Weight+ EH I C,L;; Weight Front 7284 Ibs Weight Rear 4121 Ibs Total Weight 11405 Ibs Total Weight+ 7284 Ibs (+) Weights shown are estimates only. If weight is critical, contact Customer Application Engineering. 4121 Ibs 11405Ibs (***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. Data Version PRL-18M.006 WATE33K20-18M D-132 03/03/2020 1:43 PM Page 16 of 21 Page 130 of 192 VEHICLE SPECIFICATIONS SUMMARY - GVWR Model Cab Size (829) 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Expected Front Ax[e(s) Load (Ibs) 14000.0 Expected PusherAxle(s) Load (lbs) 0.0 Expected Rear Axle(s) Load abs) 19000.0 Expected Tag Axle(s) Load (Ibs) 0.0 Expected GVW (Ibs) 33000 Expected GCW (Ibs) 0.0 Front Axle (400) DETROIT DA-F-14.7-3 14,700# FF1 71.5 KPII3.74 DROP SINGLE FRONT AXLE Front Suspension (620) 14,600# TAPERLEAF FRONT SUSPENSION Front Hubs (418) CONMET PRESET PLUS PREMIUM IRON FRONT HUBS Front Disc Wheels (502) ACCURIDE 51408 ACCU-LITE 22.5X8.25 10-HUB PILOT 6.16 INSET 2-HAND STEEL DISC FRONT WHEELS Front Tires (093) MICHELIN X WORKS Z 12R22.5 16 PLY RADIAL FRONT TIRES Front Brakes (402) MERITOR EX-L OPTIMIZED AXIAL AIR DISC FRONT BRAKES Steering Gear (536) TRW TAS-85 POWER STEERING Rear Axle (420) DETROIT DA-RS-21.0-4 21,000# R-SERIES SINGLE REAR AXLE Rear Suspension (622) 23,000# 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER Rear Hubs (450) CONMET PRESET PLUS PREMIUM IRON REAR HUBS Rear Disc Wheels (505) ACCURIDE 51408 ACCU-LITE 22.5X8,25 10-HUB PILOT 2-HAND STEEL DISC REAR WHEELS Rear Tires (094) MICHELIN X WORKS XDY 11R22.5 16 PLY RADIAL REAR TIRES Rear Brakes (423) MERITOR EX-L OPTIMIZED AXIAL AIR DISC REAR BRAKES Pusher / Tag Axle (443) NO PUSHER OR TAG AXLE Pusherl Tag Suspension (626) NO PUSHER OR TAG SUSPENSION Pusher 1 Tag Hubs (449) NO PUSHER OR TAG HUBS Pusher/Tag Disc Wheels (509) NO PUSHER/TAG DISC WHEELS Pusher! Tag Tires (095) NO PUSHER/TAG TIRES Pusher / Tag Brakes (456) NO PUSHER/TAG BRAKES M2106 Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 17 of 21 Page 131 of 192 TABLE SUMMARY - GVWR Axles Suspension Hubs Brakes wheels Tires Power Steerin Axle Component Weight Ratings 14700 14600 14700 14700 14800 14780 18000 GAWR (per axle) 14600 GAWR (+er axle stem) 14600 Expected Load {pet axle system) ------_--f ____ _ __ 14000 Vehicle GVWR Summary Calculated GVWR Expected GVWR 35600 33000 M weights displayed In pounds 21000 23000 26000 23000 20600 24020 NIA 21000 21000 19000 Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. Data Version PRL-18M,006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 18 of 21 Page 132 of 192 VEHICLE SPECIFICATIONS SUMMARY - OIMENS[ONS Model Wheelbase (545) Rear Frame Overhang (552) 2550MM (100 INCH) REAR FRAME OVERHANG Fifth Wheel (578) Mounting Location (577) NO FIFTH WHEEL LOCATION Maximum Forward Position (in) 0 Maximum Rearward Position (in) 0 Amount of Slide Travel (in) 0 Slide Increment (in) 0 Desired Slide Position (in) 0.0 Cab Size (829) 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper (682) NO SLEEPER BOX/SLEEPERCAB Exhaust System (016) RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE M2106 5375MM (212 INCH) WHEELBASE NO FIFTH WHEEL Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 19 of 21 Page 133 of 192 TABLE SUMMARY - DIMENSIONS Bumper to Back of Cab (BBC) Bumper to Centerline of Fron1Axle (BAj Mtn. Cab to Body Clearance (CB) Back of Cab to Centerline of Rear Axle(s) (CA) Effective Back of Cab to Centerline of RearAxle(s) (Effedlve CA) Back of Cab Protrusions (Exhaustftntake) (CP) Back of Cab Protrusions (side Extenderslr6m Tab) (CP) Back of Cab Protrusions (CMG Tank) Back of Cab Clearance (CL) Back of Cab to End of Frame Cab Height (CH) Wheelbase (WB) Frame ovethen (OH) Overall Len (OAL) Rear Axle Spadng Unladen Frame Height at Centerline of Rear Axle 106.3 40.7 3.0 146.1 143.1 0.0 0.0 0.0 3.0 246.5 67.5 211.6 100.4 352.E 0.0 42.7 Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-1 BM D-132 Page 20 of 21 Page 134 of 192 UnladerHetght "'.]Requesteds'; Calculated 42,70 _10.90 in- Frame Rail 10.701n - Suspension Height 21.10 in- Tire Radius VEHICLE SPECIFICATIONS SUMMARY - UNLADEN FRAME HEIGHT Model M2106 Cab Size (829) 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Frame Rails (546) 11/32X3-1/2X10-15/16 INCH STEEL FRAME (8.73MMX277.BMMI0.344X10.94 INCH) 120KSI(546) Web Height (in) 10.9375 Flange Thickness (in) 0.34375 Rear Suspension (622) 23,000 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER Rear Suspension Ride Height (621) SPRING SUSPENSION - 1.00" AXLE SPACER Axle C/L to Bottom of Frame (in) 10.688 Rear Tires (094) MICHELIN X WORKS XDY 11 R22.5 16 PLY RADIAL REAR TIRES Unladen Radius (in) 21.1 Fifth Wheel (578) NO FIFTH WHEEL Requested Min Height (in) 0.0 Requested Max Height (in) 1 Fifth Wheel Leg Height (582) NO FIFTH WHEEL LEG HEIGHT Rear Tow Device (587) NO REAR TOWING DEVICE Requested Min Height (in) 0.0 Requested Max Height (in) 0.0 Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. Data Version PRL-18M.006 03/03/2020 1:43 PM WATE33K20-18M D-132 Page 21 of 21 Page 135 of 192 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2021 FORESTRY AERIAL LIFT TRUCK Bidder is providing bid price as specified with all options included delivery to Leisure Services 1101 Campbell Ave, Waterloo, Iowa ready for use by the City of Waterloo. If awarded the contract we agree to deliver the equipment to the Leisure Services Department on or before September 21, 2021. Failure to deliver equipment on or before the designated receiving date shall result in a penalty at a daily rate of $50.00 per unit per working day until delivery is made. We understand that this quotation will be reviewed by the Leisure Services Golf & Downtown Area Maintenance Manager and the Waterloo City Council for the purpose of securing the equipment at the most favorable cost. Life cycle analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records, vendor's past performance records, and quality of products offered will be considered where applicable. Trade-in items may be retained depending on trade values offered. BIDDER: ADDRESS: COMPANY NAME CONTACT PERSON PHONE: ( ) COMPLETE DELIVERED UNIT dollars ($ Page 136 of 192 Optional Trade -In Equipment AlTEC LIFT TRUCK • Model Year 2007 • Sterling Acterra Diesel • 11,062 hours on 6/3/20 • 39,664 miles on 6/3/20 • VIN # 2FZACGDT68AZ38693 • Altec LRV56 Serial # 0707CV6499 • GVWR 33,000 LBS • Located at Leisure Services Main Shop 1101 Campbell Ave, Waterloo IA 50701 Trade In Value: dollars($ ) SIGNED: DATE: / / Page 137 of 192 CITY OF WATERLOO Council Communication FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Engineer's 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 138 of 192 FY21 Lowell Elementary Sanitary Sewer Reconstruction Project Contract No. 1026 July 16, 2020 Engineering Estimate: $143,265.00 Bidder Bid Security Bid Amount Vieth Construction Corporation, Cedar Falls, Iowa ° 5 /o $82,489.50 Lodge Construction, Inc., Clarksville, Iowa 5% $291,430.05 Peterson Contractors, Inc., Reinbeck, Iowa 5% $137,888.75 Hurst and Sons, Waterloo, Iowa 5% 5149,331.30 Page 139 of 192 FY2021 LOWELL ELEMENTARY SANITARY SEWER RECONSTRUCTION CONTRACT NO. 1026 BID TAB BID OPENING: JULY 16, 2020 ITEM NO. SUDAS SPECIFICATION ITEM DESCRIPTION UNITS ESTIMATED QUANTITY ENGRS. EST. UNIT PRICE ENGRS. EST. ITEM PRICE VCC UNIT PRICE VCC ITEM PRICE PCI UNIT PRICE PCI ITEM PRICE LODGE UNIT PRICE LODGE ITEM PRICE HURST UNIT PRICE HURST ITEM PRICE 1 11020-1.08-A MOBILIZATION LS 1.0 $ 10,500.00 $ 10,500.00 $ 6,500.00 $ 6,500.00 $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 $ 5,000.00 2 2010-1.08-E TOPSOIL CY 618.3 $ 20.00 $ 12,366.00 $ 6.00 $ 3,709.80 $ 15.00 $ 9,274.50 $ 14.00 $ 8,656.20 $ 1.00 $ 618.30 3 2010 1.08 EXCAVATION, CLASS 10 €Y 128.6 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 4 2010 1.08 I SUBBASE, 6" SY 772.0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 5 2010 1.08 G SUBGRADE PREPARATION SY 772.0 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 6 7030-1.08-A PAVEMENT REMOVAL SY 385.6 $ 20.00 $ 7,712.00 $ 7.00 $ 2,699.20 $ 7.50 $ 2,892.00 $ 16.00 $ 6,169.60 $ 15.00 $ 5,784.00 7 7030-1.08-E SIDEWALK, PCC, 6" SY 29.6 $ 45.00 $ 1,332.00 $ 70.00 $ 2,072.00 $ 60.00 $ 1,776.00 $ 90.00 $ 2,664.00 $ 60.00 $ 1,776.00 8 4010-1.08-A-1 SANITARY SEWER, TRENCHED, 24 IN. A2000 LF 467.0 $ 200.00 $ 93,400.00 $ 120.00 $ 56,040.00 $ 210.00 $ 98,070.00 $ 490.00 $ 228,830.00 $ 260.00 $ 121,420.00 9 8030-1.08-A TEMPORARY TRAFFIC CONTROL LS 1.0 $ 2,500.00 $ 2,500.00 $ 700.00 $ 700.00 $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 10 9010-1.08-B SEEDING, FERTILIZING, & MULCHING ACRE 0.67 $ 8,000.00 $ 5,360.00 $ 7,300.00 $ 4,891.00 $ 5,000.00 $ 3,350.00 $ 6,000.00 $ 4,020.00 $ 4,350.00 $ 2,914.50 11 9040-1.08-A.2 SWPPP MANAGEMENT LS 1.0 $ 2,500.00 $ 2,500.00 $ 500.00 $ 500.00 $ 3,500.00 $ 3,500.00 $ 4,000.00 $ 4,000.00 $ 3,600.00 $ 3,600.00 12 9040-1.08-N SILT FENCE - INSTALL LF 725.0 $ 4.00 $ 2,900.00 $ 2.50 $ 1,812.50 $ 2.50 $ 1,812.50 $ 3.00 $ 2,175.00 $ 2.00 $ 1,450.00 13 9040-1.08-N SILT FENCE - MAINTAIN LF 725.0 $ 1.00 $ 725.00 $ 0.50 $ 362.50 $ 1.00 $ 725.00 $ 0.25 $ 181.25 $ 0.20 $ 145.00 14 9040-1.08-N SILT FENCE - REMOVE LF 725.0 $ 1.00 $ 725.00 $ 0.50 $ 362.50 $ 0.75 $ 543.75 $ 1.00 $ 725.00 $ 0.50 $ 362.50 15 6010-1.08-H REMOVE STORM SEWER STRUCTURE EACH 1.0 $ 1,500.00 $ 1,500.00 $ 425.00 $ 425.00 $ 1,000.00 $ 1,000.00 $ 850.00 $ 850.00 $ 2,000.00 $ 2,000.00 16 4020-1.08-D REMOVE STORM SEWER PIPE LF 43.0 $ 15.00 $ 645.00 $ 15.00 $ 645.00 $ 15.00 $ 645.00 $ 13.00 $ 559.00 $ 20.00 $ 860.00 17 2010-1.08-J REMOVE LIGHT POLE BASES EACH 4.0 $ 250.00 $ 1,000.00 $ 425.00 $ 1,700.00 $ 750.00 $ 3,000.00 $ 600.00 $ 2,400.00 $ 500.00 $ 2,000.00 18 2010-1.08-J REMOVE TRAFFIC SIGN & POSTS EACH 2.0 $ 50.00 $ 100.00 $ 35.00 $ 70.00 $ 150.00 $ 300.00 $ 100.00 $ 200.00 $ 200.00 $ 400.00 $ 143,265.00 $ 82,489.50 $ 137,888.75 $ 291,430.05 $ 149,330.30 Page 140 of 192 CITY OF WATERLOO Council Communication Resolution approving an Amendment to a Master Development Agreement with North Crossing, LLC, originally executed January 25, 2016, to extend Project 5 deadline to December 31, 2020, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description ❑ Amendment for Project 5 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Backup Material Resolution approving an Amendment to a Master Development Agreement with North Crossing, LLC, originally executed January 25, 2016, to extend Project 5 deadline to December 31, 2020, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community P lanning and Development Director Approve amendment The City of Waterloo has partnered with North Crossing (Ben Stroh) for the redevelopment of the former Logan Plaza into a medical; and retail park atmosphere called North Crossing. This amendment extends the completion of the Project 5 deadline from Dec 31, 2019 to December 31, 2020. The Project 5 project is the Burger King restaurant currently under construction. NA NA Economic Development Not approve The City partnered with North Crossing (Ben Stroh) for the demolition, acquisition, and redevelopment of the former Logan Plaza Center and Menards land. The Master Development Agreement called for North Crossing to acquire all of the land and the City would reimburse at one million per year for eight years. The Master Development Agreement also called for North Crossing to build projects: Project 1- medical facility 7,000 sq. ft. at $1.5 million. Due by 6.30.17. 10,016 sq. ft. medical building built in 2017 Page 141 of 192 Background Information: Project 2 - medical facility 22,000 sq. ft. at $4.5 million. Due by 10.31.2017. 22,597 sq. ft. medical building built in 2017 Project 3 - improvements to 2160 Logan Plaza at $500,000. Due by 10.31.2017. 7,800 sq. ft. building (which is 2160 Logan Plaza built in 2008) remodeled in 2018 for $699,713 remodel. Project 4 - convenience store, retail, or other medical at 82,000,000. Due by 12.31.2018. 7,236 sq. ft. Kwik Star built in 2018, valued at $2,002,520 Project 5 - full service restaurant, retail or other medical at $1,000,000. Due by 12.31.2019 Burger King under construction. Permit taken out May 6, 2020 in the amount of $947,000. As a note, a new McDonald's is worth $1.1 million in assessed value finished (used the new Kimball site) Legal Descriptions: NA Page 142 of 192 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO MASTER DEVELOPMENT AGREEMENT This Amendment to Master Development Agreement (the "Amendment") is entered into as of , 2020, by and between the City of Waterloo, Iowa ("City") and North Crossing, LLC ("Company"). RECITALS A. Company and City are parties to that certain Master Development Agreement dated January 25, 2016 (the "Agreement") concerning the development of property as described in the Agreement. The Agreement was filed in the records of the Black Hawk County Recorder on March 15, 2016 as Doc. No. 2016-15582 and subsequently amended by amendment filed December 12, 2016 as Doc. No. 2017- 10850. B. The parties desire to amend the Agreement on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. The "Project 5 deadline" set forth in Section 5 of the amended Agreement is hereby amended to read "Complete by 12/31/2020." 2. Except as modified herein, the Agreement shall continue unmodified in full force and effect, as previously amended. Capitalized terms used herein that are not defined in this Amendment shall have the meaning attributed to them in the Agreement. The Agreement 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 Master Development Agreement by their duly authorized representatives as of the date first set forth above. Page 143 of 192 NORT ROS L CITY OF WATERLOO, IOWA By: By: Be tamin•h, Manager Quentin Hart, Mayor Attest: 2 Kelley Felchle, City Clerk Page 144 of 192 CITY OF WATERLOO Council Communication Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $40,000.00 annually, and authorizing the Mayor to execute said agreement. City Council Meeting: 7/20/2020 Prepared: 7/14/2020 ATTACHMENTS: Description ❑ Republic Parking Contract Council Comm ❑ Republic Parking Management Agmt July 2020 SUBJECT: Type Cover Memo Backup Material Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $40,000.00 annually, and authorizing the Mayor to execute said agreement. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Expenditure Required: Source of Funds: The City hired Republic Parking System, Inc. to manage the city's parking operations effective July 20, 2015 after completing an extensive request for proposal process. Republic has helped upgrade the City's operations. The addition of the ability to pay for parking using a smartphone and having access to the Mobile Command office for assistance with the ramp equipment during closed hours are only two examples of benefits the City has realized by working with Republic. All revenue and expenses of the parking operations are the City's. The contract does require a management fee in the amount of $40,000.00 annually. This amount was not increased from the original contract. Parking operations are supported by parking fees. Page 145 of 192 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 CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: July 20, 2020 Prepared: July 14, 2020 Dept. Head: Michelle Weidner, CFO Number of Attachments: 1 Contract SUBJECT: Resolution approving the contract with Republic Parking System, Inc. Effective July 20, 2020 and expiring June 30, 2025, in the amount of $40,000 annually, and authorizing the Mayor to execute said agreement. Summary Statement: The City hired Republic Parking System, Inc. to manage the city's parking operations effective July 20, 2015 after completing an extensive request for proposal process. Republic has helped upgrade the City's operations. The addition of the ability to pay for parking using a smartphone and having access to the Mobile Command office for assistance with the ramp equipment during closed hours are only two examples of benefits the City has realized by working with Republic. Expenditure Required: All revenue and expenses of the parking operations are the City's. The contract does require a management fee in the amount of $40,000 annually. This amount was not increased from the original contract. Source of Funds: Parking operations are supported by parking fees. Please contact me with questions. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 146 of 192 MANAGEMENT AGREEMENT THIS AGREEMENT, to be effective as of July , 2020, between the City of Waterloo, Iowa, hereinafter called "Owner" and Republic Parking System, Inc., a Tennessee Corporation, with principal offices at Suite 2000 Republic Centre, Chattanooga, Tennessee 37450 hereinafter called "Manager". RECITALS WHEREAS, The City of Waterloo owns garages and surface lots. WHEREAS, The City of Waterloo and Republic Parking System, Inc. desire to enter into a written agreement under which Republic Parking System, Inc. will provide the City of Waterloo with certain garage and surface lot services, as identified in Exhibit A, attached hereto and incorporated by reference herein, in accordance with the terms of the Agreement. NOW THEREFORE, in consideration of the foregoing, and of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT: 1. During the Term (as defined below), Manager hereby contracts with Owner under the terms, conditions, and provisions hereinafter set out for Manager to provide the Services listed in Exhibit A at the prices set forth in Exhibit A, which will hereinafter be referred to as the "Parking Facilities". 2. The term of the Agreement shall commence on July , 2020 and shall continue until June 30, 2025. At the expiration of this term it shall automatically renew and continue on a year-to-year basis from said. 3. The Parking Facilities are to be operated by Manager as commercial parking facilities and shall be used for no other purpose without prior written approval of Owner. 4. Manager agrees to set aside the necessary parking space to protect any commitments made to the tenants of, or in connection with, the operation of the City of Waterloo Garages and Lots and Manager agrees to honor any allocations of parking space that Owner deems necessary; and Manager agrees to operate the Parking Facilities in a manger consistent with satisfying, as efficiently as possible, the parking demands generated by the City of Waterloo, Iowa. 1 Page 147 of 192 5. This Agreement shall not be assigned nor subcontracted by Manager in whole or in part without the written consent of the Owner, such consent not to be unreasonable withheld. 6. Payment: (a) Owner will pay Manager for services performed in accordance with Exhibit A pursuant to the procedures set forth herein. (b) Owner will pay Manager for all reimbursable "Operating Expenses" incurred by Manager or Manager's employees, agents, subcontractors or other personnel. These expenses shall include all ordinary direct expenses of Manager incurred while operating the Parking Facilities other than those of a capital cost nature as set forth below: (1) Wages of all personnel assigned to the Parking Facilities, including reasonable fringe benefits such as workers' compensation insurance at the mandatory rate for employees, unemployment insurance, social security, group insurance and pension costs; (2) Business taxes, other than franchise taxes on income or profits; (3) Licenses and permits necessary to operate the Parking Facilities; (4) Employee recruitment ads and hiring costs for employees assigned to the Parking Facilities; (5) Insurance to the extent required of Manager in this Agreement; (6) Sundry items such as uniforms, tickets and janitorial supplies for employees assigned to the Parking Facilities; (7) Except as set forth on Schedule A, reasonable data processing expense related solely to processing financial revenue expense data for the Parking Facilities; (8) Normal maintenance and repairs to the Parking Facilities excluding snow removal other than as stated in Item 14 , but includes repainting of stall markings, replacement of repair of signs and revenue control equipment; (9) legal or audit directly attributable to the operation of the Parking Facilities other than those performed by the staff of Owner or Manager except to the extent covered in (11) below, if approved in advance by the Owner; 2 Page 148 of 192 (10) Payment of the "deductible" amount of insurance claims in excess of policy limit of the policies provided by Manager as set forth in Section 14 of this agreement; (11) Management fee; (c) Reserved. (d) Certain costs are specifically excluded from the definition of Operating Expenses for the purposes of this Agreement and shall be borne by the respective parties. The expenses of the Manager are those set forth in Schedule "A" attached hereto and made a part hereof. The expenses of the Owner are those shown in Schedule "B" attached hereto and made a part thereof. (e) "Operating Surplus" shall be defined as "Gross Revenues" less "Operating Expenses". 7. Manager covenants that it will collect or cause to be collected all of the Gross Receipts from the operation and use of the Parking Facilities and deposit into the City's bank account (a) Manager shall pay all Operating Expenses as defined by paragraph 6. (b) City shall then pay to Manager out of said Gross Receipts the following amount: For each month commencing with the date of this contract, a minimum monthly fee of three thousand three hundred thirty-three dollars and thirty-three cents ($3,333.33). (c) If the Gross Revenue for any month are insufficient to make the payments required under subparagraphs (a) and (b) above, the owner agrees to remit to the manager the amount of such deficit within thirty (30) days after receipt of Manager's report. In the event Owner fails to reimburse Manager within said thirty (30) day period, and Owner does not remedy such failure within thirty (30) days of receipt of written notice from Manager, then Manager shall have the right to terminate this Agreement with immediate effect and to take whatever action is necessary to collect amount due to Manager. (d) Owner agrees to remit to Manager on a monthly basis the operating expenses associated with managing the Parking Facilities within ten (10) days after receipt of Manager's Report. In the event Owner fails to reimburse Manager within said 3 Page 149 of 192 ten (10) day period, and the Owner does not remedy such failure within five (5) days of receipt of written notice from Manager, then Manager shall have the right to terminate this Agreement with immediate effect and to take whatever action necessary to collect amount due to Manager. € Manager agrees to receive pre approval in writing or via email for any items in excess of $2500.00, per the City's pre authorization policy. 8. Manager agrees to operate the Parking Facilities in an efficient manner and to operate same on all days and at all hours customary in the trade commensurate with parking demand in the area and such operation shall be continuous, as herein provided, unless the Owner shall otherwise agree in writing. 9. Manager agrees that it will keep complete and accurate records of all receipts and disbursements pertaining to the operation of the Parking Facilities and on or before the twentieth (20th) day of each month (beginning with the second month of the term of this Agreement and continuing through and including the twentieth (20th) day of the month following the termination thereof) shall, at the time of the payment to Owner, render to the Owner a complete accurate accounting of all receipts and disbursements for the preceding month. All of the Manager's books and records relating to the Parking Facilities shall be kept at the local office of Manager, and shall be available for inspection, audit and copying at all reasonable times by Owner or its duly authorized representatives. Vouchers, receipts or other records shall support disbursements for Operating Expenses. 10. As used herein, "Confidential Information" means any and all technical data or information, financial or business data or information (including, without limitation, revenues, expenses, taxes and contracts), Work Product, partner relationships, patents, trade secrets, technical process, formulae related to Products and Services, pricing and any device, technique or compilation of information used in Owner's business obtained by manager while Manager is performing its obligations under this Agreement, regardless of whether any such data or information is marked or identified as "Confidential". Vendor will: (1) treat as confidential, and preserve the confidentiality of, all Confidential Information; (2) use the Confidential Information solely for the purposes of this Agreement; (3) not copy such Confidential Information unless specifically authorized by Owner in writing to do so; and (4) limit dissemination of the Confidential Information to those Manager Agents to whom disclosure is necessary for the purposes of this Agreement, provided such Vendor Agents have agreed to maintain the confidentiality thereof in a written agreement no less restrictive than this Agreement. 4 Page 150 of 192 Nothing in this Agreement may be construed as granting any right or license under any copyrights, inventions or patents now or hereafter owned or controlled by Owner. The obligations of this provision will continue for a period of three (3) years from the date of termination or expiration of this Agreement. 11. In performing its responsibilities pursuant to this Agreement, it is understood and agreed that Manager is at all times acting as an independent contractor and that Manager is not a partner, joint- venture, or employee of Owner. It is expressly agreed that Manager will not for any purpose be deemed to be an agent, ostensible or apparent agent, or servant of Owner, and Manager agrees to take any all such action as may be reasonably requested by Owner to inform the public, patrons of the Parking Facilities, and other utilizing the services of manager of such fact. Manager acknowledges and agrees that neither it nor its employees or agents have any right, power or authority to incur and will not incur any financial obligation, legal obligation or liability, or other obligation on behalf of, or binding upon Owner. Nothing herein shall vitiate that right of Manager to receive reimbursement from Owner for the Operating Expenses set forth in section 6(b) of this Agreement, but Owner shall have no obligation to any third party, directly or otherwise, to pay for Operating Expenses. 12. Owner agrees to maintain the sidewalks and curbs cuts adjacent to the Parking Facilities in accordance with applicable municipal statutes. Owner shall also be responsible for all repairs of a structural nature to the Parking Facilities, including, but not limited to: electrical, plumbing, pavement repair, , repairs to the Parking Facilities and maintenance and procurement of signs related to facility rules, regulations, policies, pricing and traffic control. Manager agrees to use reasonable diligence in the care and protection of the Parking Facilities during the term of this Agreement and to surrender said premises at the termination of this Agreement in as good condition as received, ordinary wear and tear and other casualty excepted. Any structural, mechanical, electrical or other installations or any alterations to the Parking Facilities required by statutes or regulations pertaining to air quality, environmental protection, provisions for persons with disabilities or other similar governmental requirements shall be the sole responsibility of Owner. 13. In the event Manager shall fail to fully faithfully deposit all the receipts from the operation of the Parking Facilities, or shall intentionally fail to disburse same only in the manner provided for herein or otherwise violate the terms of this Agreement, or in the event Manager shall become bankrupt or insolvent, or suffer the appointment of the receiver, or make an assignment for creditors, Owner shall have the right to forthwith terminate this Agreement immediately, regain immediate possession of the Parking Facilities, and hold manager liable for any damages resulting to Owner. 5 Page 151 of 192 14. Manager agrees to help keep the Parking Facilities at all times in clean, presentable and sanitary condition and not to permit anything thereon which would vitiate any insurance carried by the Owner on the Parking Facilities or the adjoining premises. Manager further agrees to comply with all governmental laws, ordinances and regulations pertaining to the conduct of Manager's business thereon. Manager agrees to be responsible for the snow removal on the top levels of the parking ramps only. Once snow has been cleared into and placed in a designated area on the top level of the parking ramps, the owner will be responsible for hauling and final removal of snow from the facility. Manager agrees it will communicate via electronic mail to owner once manager's portion of the snow removal process has been completed and the snow has been placed in the designated area of the parking ramp. Owner agrees to notify Manager via electronic mail 24 hours prior to hauling snow. 15. Manager agrees to carry liability insurance in such amounts as shown below, to pay all the premiums thereon when due and to cause such insurance to name the Owner as additional insured on a primary and non-contributory basis thereunder: Commercial General Liability $1,000,000 combined single limit each occurrence for bodily injury and property damage. Workers' Compensation Policy Limits: Coverage A- Statutory Coverage B- $100,000 Owner acknowledges that all insurance coverage except Workers' Compensation is subject to a deductible amount not to exceed $10,000.00 and that the payment of the deductible amount(s) will be considered as a direct operating expense of the Parking Facilities. Any losses not covered by the above insurance shall constitute expenses of Owner provided that such loss did not arise in whole or in part by the negligence of willful misconduct of Manager, its agents or employees. Certificates evidencing all insurance coverage listed above shall be furnished by Manager to Owner and such certificates shall contain an endorsement requiring the insurance carrier to provide at least thirty (30) days' written notice in the event of cancellation or material change. Premiums with respect to such policies required to be carried by Manager shall be paid by Manager and shall constitute Operating Expenses. Such policies shall be subject to the approval of owner for adequacy and form and protection. 6 Page 152 of 192 Owner shall be responsible for maintaining all risk property insurance for the Parking Facilities and equipment contained therein naming both Owner and Manager as insured. In the event of work performed by third parties within the Parking Facilities, either on behalf of Owner or Manager, such third parties will provide insurance coverage in the forms and amounts shown above naming both Owner and Manager as additional insureds. 16. Manager shall defend, indemnify and hold Owner harmless from and against any and all actions, costs, claims, losses, expenses and/or damagers, sustained by Owner attributable to the negligence of Manager of any of its agents, servants, or employees from any cause, including, without limitation by specification, property damage and/or injury or death to any person or persons. Owner shall defend, indemnify and hold Manager harmless from and against any and all actions, costs, claims, losses, expenses and/or damages sustained by Manager attributable to the recklessness, carelessness or negligence of Owner or any of its servants or employees from any cause, including without limitation by specification, property damage and/or injury or death to any person or persons. It is agreed that any actions, costs, claims, losses, expenses, and/or damages resulting from design or structural faults of defects shall be the responsibility of Manager. Owner expressly acknowledges that Manager's obligations in connection with the management, operation and promotion of the Parking Facilities and employment of persons in connection therewith, do not include the retention of service, supervision, or furnishing of personnel in connection with the personal safety and security of employees, tenants, customers, or other persons within and about the Parking Facilities. Manager does not have knowledge or expertise as a guard or security service and does not employ personnel for that purpose, nor do Manager's employees undertake the obligation to guard to protect customers against the intentional acts of third parties. Owner shall determine, at its discretion, where and to what extent any precautionary warnings, security devices, or security services may be required to protect patrons in and about the Parking Facilities. 17. The Owner of the Parking Facilities does hereby waive all rights of recovery, if any, against Manager for damage to, or destruction of, the Parking Facilities in the event such damage or destruction is caused by fire or other casualty which is covered by Owner's fire and extended coverage insurance policy so long as such waiver does not vitiate coverage by such policy. 7 Page 153 of 192 18. Either party shall have the right to terminate this Agreement in the event the other party has failed to perform any of the terms and conditions specified herein, if said failure has been called to the attention of the responsible party in writing via certified mail and that party has corrected said failure within 30 days of receipt of written notice. In the event such termination, Manager agrees to vacate the Parking Facilities by midnight on the thirtieth day after delivery of said notice and any monies owned Manager for unamortized capital expenses or shuttle lease term requirements shall be paid by Owner to Manager. Notwithstanding the above Owner may immediately suspend this Agreement if Owner reasonably determines that Manager's services pose a threat to the safety of patrons or any individual using the Manager's services. If less than all services covered by this Agreement threaten individual's safety, Owner at its sole discretion may suspend or terminate those services only or suspend or terminate the Agreement in its entirety. 19. Owner shall have the right to enter and inspect the Parking Facilities at all times. 20. Manager shall manage, operate, and promote the use of the Parking Facilities in the accordance with all laws and governmental regulations. 21. It is understood and agreed that this Agreement shall be binding upon and inure to the benefits of the heirs, personal representatives, successors and assigns of the parties. The previous sentence notwithstanding, no assignment of or subcontracting under this Agreement or the rights and obligations of Manager shall be valid without the prior written consent of Owner and any attempt to assign or subcontract without such prior written consent shall be void. 22. Owner and Manager agree that during the term of this Agreement all personnel employed by Manager to operate the Parking Facilities shall be solely the employees of Manager and shall have no contractual relationship with Owner. Manager shall be responsible for payment of income taxes, unemployment taxes and payroll taxes, if any, for all such employees. Manager shall have full responsibility for hiring, firing and managing its employees or agents. However, should Owner request the removal of any employee for any reason, including, without limitation, tardiness or unapproved absences, discourteousness to patrons, failure to perform his or her duties in a reasonable fashion, or any other such reason, Manager shall remove such employee as soon as possible, but in any event no more than three (3) working days of Owner's request, an replace such employee with another employee. Notwithstanding all provisions of this Agreement shall not in any way be construed to be a lease, but is merely recitation of contract provisions. 8 Page 154 of 192 23. If any section of this Agreement is found unlawful or illegal or becomes so, the remainder of the contracted terms hall remain in full force and effect. 24. The terms of this Agreement shall be modified only by a written addendum signed by both Owner and Manager. 25. If it shall become impossible on account of Force Majeure for Manager or Owner to fulfill its obligations under the Agreement, such party shall be excused from the performance of said obligations for the period that said performance is impossible. However, either party shall have the right to terminate this Agreement immediately upon the occurrence of a Force Majeure which prevents the other party from performing for three (3) or more consecutive days. The term "Force Majeure" as used in this paragraph shall include: 1) fire, earthquake, flood, tornado, acts of God, strike or other labor disturbance beyond the reasonable control of Manager, riot or civil commotion, failure of power, restrictive government laws or regulation, court order, insurrections, war or any other matter or situation of a like nature (including hostility, with or without formal declaration of war). 2) Any law regulation or order of any government authority prohibiting the performance of the obligations set forth in this Agreement 26. Owner has the right to shut down any or all of the Parking Facilities for repair at their sole discretion. In this case all fees and contractual obligations remain fully intact. 27. Manager affirms that it is an equal opportunity employer and will comply with all laws and regulations prohibiting employment discrimination in the performance of this Agreement. 28. Notice to both Owner and Manager shall be sent to overnight courier service; signature required for delivery, or certified mail, return receipt requested, to the following addresses: 9 Page 155 of 192 If to Owner: With Copy To: Michelle Weidner Chief Financial Officer City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Martin Petersen City Attorney City of Waterloo 715 Mulberry Street Waterloo, IA 50703 If to Manager: With Copy To: Todd Brosius Jon Rouse President 349 4th Ave SE Republic Parking System, Inc. Cedar Rapids, IA 52401 29. This Agreement shall be construed and governed according to the laws of the State of Iowa, without giving effect to its conflict of laws provision. Any suit, action, or proceeding with respect to this Agreement, or any judgement entered by any court in respect thereof shall be brought in the Courts of the State of Iowa, County of Blackhawk or in the United States courts located in the State of Iowa an the parties hereby submit to the non-exclusive jurisdiction of such courts for the purposes of any such suit, action, or proceeding. IN WITNESS WHEREOF, Owner has caused this instrument to be executed in its corporate name by its duly authorized officer and Manager has hereunto set his hand the day and date first above written. ATTEST: CITY OF WATERLOO, IOWA BY: BY: ATTEST: REPUBLIC PARKING SYSTEM, INC. 10 Page 156 of 192 BY: Jon Rouse Regional Director 11 BY: Todd Brosius President Page 157 of 192 Exhibit "A" EXPENSES OF MANAGER 1. Salaries, travel and accommodation of expenses of all executive personnel or Manager. 2. General and administrative expenses of Manager not allocable directly to operations at the Parking Facilities. 3. Personal property taxes on Manager's property. 12 Formatted: Page break before Page 158 of 192 EXHIBIT "B" EXPENSE OF OWNER 1. Real and personal property taxes of Owner's property. 2 All claims, expenses and/or damages arising from, or caused by structural or design deficiencies or by improper work or supervision during construction including, without limitation, settlement, collapse or inadequacy of structure or equipment, and all repairs related thereto. 3. Debt service with respect to land, building and equipment. 4. Costs of legal and auditing fees of Owner. 5. Salaries and wages of all employees of Owner. 6. Costs incurred by Owner in the supervision of obligations of Manager. 7. Costs of maintaining elevators, sprinkler, and ventilation systems. 8. Utilities expense of the Parking Facilities. 9. Capital expenditures, improvements, alterations, additions and all new equipment, including all architectural and engineering fees in connection therewith. 10. Cost of payroll and equipment of security personnel. 11. Cost of premiums for fire and extended coverage insurance. 13 Page 159 of 192 EXHIBIT A Products and Services Description and Pricing 14 Page 160 of 192 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and amount not to exceed $125,000.00, in conjunction with FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said document. City Council Meeting: 7/20/2020 Prepared: 7/15/2020 ATTACHMENTS: Description ❑ Construction Services Proposal SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Type Backup Material Resolution approving a Professional Services Agreement with Clapsaddle- Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and amount not to exceed $125,000.00, in conjunction with FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer See attached agreement for Scope of Services Contract 977 (Warp) - amount not to exceed Contract 977 (Warp) State Grant & TIF $125,000 Page 161 of 192 Date: June 15, 2020 Client: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CGA ENGINEERS • LAND SURVEYORS Construction Phase Services Proposal Waterloo Airport Industrial Park Waterloo, Iowa Dear Mr. Knutson: Thank you for your continued consideration of CGA for your professional engineering and surveying needs. The following proposal is for Construction Related Services for Leversee Road Sanitary Sewer Extension and WARP Drive R.I.S.E. projects: Scope of Services Construction Phase Services CGA shall provide construction administration, surveying, observation and testing services for the construction phase of the project. The fee for Construction Phase Services is developed in part on the anticipated duration of the construction and approximately 25 hours per week construction observation by an engineering technician and approximately 10 hours per week construction administration by an engineer for each project, as well as approximations for the staking and testing services specific to each project. It is anticipated that the projects will overlap significantly during the construction period which will enable one technician to cover both projects at once during most occasions. This portion of the services includes services during construction and are further defined to include the following tasks: a. Preconstruction Conference Preparation and Attendance b. Contractor Review c. Record Keeping d. Trench Compaction Testing e. Collecting As -Constructed Utility Information f. On -site Construction Observation by a Field Representative (Note: The field representative is not authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the project contractor, however, shall have the authority to reject work or materials until any questions at issue can be referred to and be decided by representatives of the City.) g. Construction Survey h. Preparation and Recommendation of Monthly Pay Estimates i. Preparation of Change Orders, as necessary j. Provide periodic updates to City of Waterloo k. Perform Final Walk Through of Construction I. Project Close -Out m. Certification of Project Completion. Note: This certification will be prepared based on our observance of construction and, to the best of our abilities, determine the Contractor's compliance with the Contract Documents and deem unacceptable such work and material which do not comply with the www.cgaconsultants.com CGA Page •1 Page 162 of 192 specifications and plans. This clause shall not be construed to mean that the Engineer is guaranteeing the work of the Contractor. n. Preparation of Digital and Paper As -Constructed Drawings. Fee The fee for the Scope of Services described above shall be as follows: Task Fee Type Task 1— Construction Phase Services for WARP Drive City Contract No. 977 $125,000 Not to Exceed Task 2 — Construction Phase Services for Leversee Sanitary and Water Impr. City Contract No. 987 $116,000 Not to Exceed TOTAL $241,000 Not to Exceed Not to Exceed: The fee presented is the maximum amount to be invoiced for this phase. The task will be invoiced on a time and expense basis, per the hourly rate schedule and fees current at the time the service is performed. Schedule The schedule for the completion of the tasks presented shall be as follows: Tasks 1-2 — Construction Phase Services: To be performed during construction Approximate construction length to be used as a basis of this agreement: Task 1— 30 Weeks Task 2 — 20 Weeks Please note that unless included in the Scope of Services any other items that may be needed for the completion of this project are not included. Standard Terms and Conditions PARTIES "ENGINEER" shall mean Clapsaddle-Garber Associates, Inc. "CLIENT" shall mean the person or entity executing this Agreement with "ENGINEER." STANDARD OF CARE Services provided by ENGINEER under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size, complexity, and geographic location as that of the Project. ENGINEER PROVIDES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES. RIGHT OF ENTRY The CLIENT shall provide for complete and continuous access to the Project site in order for ENGINEER to timely perform its services and shall provide for entry for the employees, agents and subcontractors of ENGINEER and for all necessary equipment. While ENGINEER shall take reasonable precautions to minimize any damage to property, it is understood by the CLIENT that in the normal course of the project some damages may occur, the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein, invoices will be prepared in accordance with ENGINEER's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon receipt by the www.cgaconsultants.com CGA Page • 2 Page 163 of 192 CLIENT. If the CLIENT does not make payment within thirty (30) days after the date the invoice was mailed to the CLIENT, then the amount(s) due ENGINEER shall bear interest due from the date of mailing at the lesser interest rate of 1.5% per month compounded or the maximum interest rate allowed by law. In the event that ENGINEER files or takes any action , or incurs any costs, for the collection of amounts due it from CLIENT, then ENGINEER shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the termination is for default, the non -terminating party may cure the default before the effective date of the termination and the termination for default will not be effective. The termination for convenience and for default, if the default is not cured, shall be effective seven (7) days after receipt of written notice by the non -terminating party. In the event that this Agreement is terminated for the convenience of either party or terminated by ENGINEER for the default of the CLIENT, then ENGINEER shall be paid for services performed to the termination effective date, including reimbursable expenses due, and termination expenses attributable to the termination. In the event the CLIENT terminates the Agreement for the default of ENGINEER and ENGINEER does not cure the default, then ENGINEER shall be paid for services performed to the termination notice date, including reimbursable expenses due, but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall include expenses reasonably incurred by ENGINEER in connection with the orderly termination of the Agreement or services, including, but not limited to, demobilization, reassignment of personnel, termination of subcontractors, subconsultants and other agents whose services were retained for the Project, associated overhead costs, lost profits, and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS ENGINEER shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to ENGINEER such information, including electronic media, as is available to the CLIENT and the CLIENT's consultants and contractors. CLIENT hereby warrants the accuracy and completeness of the information provided by CLIENT to ENGINEER, and ENGINEER shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for ENGINEER to assure the accuracy, completeness and sufficiency of such CLIENT -furnished information, either because it is provided by others, or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold ENGINEER Group harmless from and against any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expenses or damages of any nature whatsoever (including, without limitation, damages to property, injuries or death to persons, fines, penalties) arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT, third parties, and/or research performed by ENGINEER or its subcontractors. ENGINEER will use the standard of care defined in this Agreement in providing this service. The information that ENGINEER must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER Group for any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expense or damages of any nature whatsoever arising out of the location of underground utilities provided or any information related to underground utilities provided to or by ENGINEER under this Agreement. CONTRACTOR MATTERS CLIENT agrees that ENGINEER shall not be responsible for the acts or omissions of the contractor or contractors, and their respective affiliated companies, officers, directors, equityholders, employees, agents, subcontractors, suppliers, or other persons or entities responsible for performing work on the Project (collectively, the "Contractor Group") that is not in conformance with the construction Contract Documents, if any, prepared by ENGINEER under this Agreement. ENGINEER shall not have responsibility for means, methods, techniques, sequences, and progress of construction of the Contractor Group. In addition, CLIENT agrees that ENGINEER is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. The ENGINEER shall not supervise, direct or have control over the Contractor's work, not have any responsibility for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. The ENGINEER shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. The ENGINEER does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. JOBSITE SAFETY Neither the professional activities of the ENGINEER/Surveyor, nor the presence of the ENGINEER'S/Surveyor's employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities, including, but not limited to, construction means, methods, sequences, techniques, or procedures necessary for performing, superintending, or coordinating all portions of the work of construction in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. The ENGINEER's/Surveyor's personnel have no authority to exercise any www. cga co n s u lta n ts. co m CGA Page • 3 Page 164 of 192 control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for jobsite safety. SHOP DRAWING REVIEW If, as part of this Agreement ENGINEER reviews and approves contractor submittals, such as shop drawings, product data, samples and other data, as required by ENGINEER, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the contractor. ENGINEER's review shall be conducted with reasonable promptness while allowing sufficient time in ENGINEER's judgment to permit adequate review. Review of a specific item shall not indicate that Engineer has reviewed the entire assembly of which the item is a component. Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of Engineer in writing by the contractor. Engineer shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If, as part of this Agreement ENGINEER is providing opinions of probable construction cost, the CLIENT understands that ENGINEER has no control over costs or the price of labor, equipment or materials, or over the contractor's method of pricing, and that ENGINEER's opinions of probable construction costs are to be made on the basis of ENGINEER's qualifications and experience. ENGINEER makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. CONSTRUCTION OBSERVATION If, as part of this Agreement ENGINEER is providing construction observation services, ENGINEER shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement, the CLIENT has not retained ENGINEER to make detailed inspections or to provide exhaustive or continuous project review and observation services. ENGINEER does not guarantee the performance of, and CLIENT hereby agrees that ENGINEER shall have no responsibility for, the acts or omissions of the Contractor Group or any other person or entity furnishing materials or performing any work on the Project (other than ENGINEER and its subconsultants). ENGINEER shall advise the CLIENT if ENGINEER observes that the contractor is not performing in general conformance of Contract Documents. CLIENT shall determine if work of contractor should be stopped to resolve any problems. If the Owner desires more extensive project observation or fulltime project representation, the Owner shall request that such services be provided by the ENGINEER as Additional Services in accordance with the terms of this Agreement. OTHER SERVICES The CLIENT may direct ENGINEER to provide other services including, but not limited to, any additional services identified in ENGINEER's proposal. If ENGINEER agrees to provide these services, then the schedule shall be reasonably adjusted to allow ENGINEER to provide these services. Compensation for such services shall be at ENGINEER's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment To Agreement that contains an alternative compensation provision. OWNERSHIP & REUSE OF INSTRUMENTS OF SERVICE All drawings, reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by ENGINEER as instruments of service (the "ENGINEER Deliverables") shall remain the property of ENGINEER and ENGINEER shall retain title in the ENGINEER Deliverables. ENGINEER grants to CLIENT a limited non-exclusive license to use the ENGINEER Deliverables for the construction and operation of the Project (the "Specified Purpose"). All other uses of the ENGINEER Deliverables by CLIENT Group are prohibited, including, without limitation, reuse of the ENGINEER Deliverables, use of the ENGINEER Deliverables for the expansion or modification of the Project, or for use on other projects. Except in connection with a Specified Purpose and then only to those persons or entities necessary, CLIENT shall not disclose, market or distribute ENGINEER Deliverables to third parties. The CLIENT agrees, to the fullest extent permitted by law, to defend, indemnify and hold ENGINEER Group harmless from any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expenses or damages of any nature whatsoever arising out of, resulting from or in any way related to the use by CLIENT or any other person or entity of any ENGINEER Deliverable for any purpose other than the Specified Purpose. CERTIFICATE OF MERIT The Owner shall make no claim (whether directly, in the form of a third -party claim, or for indemnity) against the ENGINEER unless the Owner shall have first provided the ENGINEER with a written certification executed by an independent ENGINEER/Surveyor licensed in Iowa to practice in the same discipline as the ENGINEER/Surveyor specifying those acts or omissions which the certifier contends constitutes a violation of the standard of care expected of an ENGINEER/Surveyor performing professional services under similar circumstances and upon which the claim will be premised. Such certification shall be provided to the ENGINEER/Surveyor thirty (30) days prior to the presentation of, and shall be a precondition to any such claim or the institution of, any arbitration or judicial proceeding. DISPUTE RESOLUTION If a dispute arises between ENGINEER and CLIENT, the executives of the parties having authority to resolve the dispute shall meet within thirty (30) days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty (30) day time period, CLIENT www. cga co n s u lta n ts. co m CGA Page • 4 Page 165 of 192 and ENGINEER agree to submit to non -binding mediation prior to the commencement of any litigation. Any costs incurred directly for a mediator, shall be shared equally between the parties involved in the mediation. EXCUSABLE EVENTS ENGINEER shall not be responsible for any event or circumstance that is beyond the reasonable control of ENGINEER that has a demonstrable and adverse effect on ENGINEER's ability to perform its obligations under this Agreement or ENGINEER's cost and expense of performing its obligations under this Agreement (an "Excusable Event"). When an Excusable Event occurs, the CLIENT agrees Engineer is not responsible for damages, nor shall ENGINEER be deemed to be in default of this Agreement, and ENGINEER shall be entitled to a change order to equitably adjust for ENGINEER's increased time and/or cost to perform its services due to the Excusable Event. LIMITATION OF LIABILITY; WAIVER OF CONSEQUENTIAL DAMAGES In recognition of the relative risks and benefits of the Project to both CLIENT and ENGINEER, the risks have been allocated such that CLIENT agrees, to the fullest extent of the law, to limit the liability of Engineer and its officers, directors, equityholders, employees, agents, subconsultants, and affiliated companies (collectively, the "ENGINEER Group") to the CLIENT and any person or entity claiming by or through the CLIENT, for any and all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other cost, expense or damage of any nature whatsoever resulting in any way related to the Project or Agreement from any cause or causes to an amount that shall not exceed the compensation received by ENGINEER under the agreement or fifty thousand dollars ($50,000), whichever is greater. The parties intend that this limitation of liability apply to any and all liability or cause of action, claim, theory of recovery, or remedy however alleged or arising, including negligence for professional acts, errors or omissions, strict liability, breach of contract, expressed or implied warranty, contribution, expressed indemnity, implied contractual indemnity, equitable indemnity, tort and all other claims. Except for the limitation of liability above, the CLIENT waives any claim or cause of action against the ENGINEER Group arising from or in connection with the performance of services for the Project or this Agreement. The ENGINEER Group shall not be liable to the CLIENT for consequential, special, exemplary, punitive, indirect or incidental losses or damages, including loss of use, loss of product, cost of capital, loss of goodwill, lost revenues or loss of profit, interruption of business, down time costs, loss of data, cost of cover, or governmental penalties or fines and CLIENT hereby releases the ENGINEER Group from any such liability. INDEMNIFICATION Subject to the limitation of liability above, ENGINEER agrees to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT against all claims, damages, liabilities, losses or costs, including reasonable attorneys' fees and defense costs, or costs of any nature whatsoever to the extent caused by ENGINEER's negligent performance of service under this Agreement and that of its officers, directors, equityholders, and employees. The CLIENT agrees to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER Group against all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other cost, expense or damage of any nature whatsoever to the extent caused by the acts or omissions of CLIENT and its affiliated companies, officers, directors, equityholders, employees, agents, contractors, subcontractors, engineers, designers, and consultants (other than ENGINEER) (collectively, the "CLIENT Group") in connection with this Project. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights or delegate any duties under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Any such assignment or delegation not in accordance with the terms of this Agreement shall be null and void. SEVERABILITY, SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and ENGINEER shall survive the completion of the services hereunder and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW; JURISDICTION AND VENUE This Agreement and all matters arising under or in connection with this Agreement shall be governed by, construed and interpreted pursuant to the laws in the state of the locale of ENGINEER's address written in this Agreement without regard to conflicts of law principles. In any suit relating to this Agreement, CLIENT and EJNGINEER unconditionally and voluntarily consent to be subject to the exclusive jurisdiction of the state or federal courts sitting in Iowa and hereby waive any objections to venue lying therein. Each of the parties hereby consents to service of process anywhere in the world. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of ENGINEER to provide equal employment opportunities for all. ENGINEER will not discriminate against any employee or applicant because of race, color, religion, sex, marital status, national origin, age, ancestry, veteran status, physical or mental handicap, unless related to performance of the job with or without accommodation. www. cga co n s u lta n ts. co m CGA Page • 5 Page 166 of 192 COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and ENGINEER and supersedes all prior or contemporaneous negotiations, representations and agreements, whether oral or written. If the CLIENT issues a Purchase Order of which this Agreement becomes a part, the terms of this Agreement shall take precedence in the event of a conflict of terms. Any amendments, changes or alterations to this Agreement shall only be binding if reduced to writing and signed by both parties. SIGNATURES This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same agreement. Original, facsimile, or electronic signatures by the parties are deemed acceptable for binding the parties to the Agreement. NOTICES All formal notices requests, demands, and other communications required under this Agreement shall be in writing and shall be hand delivered to the party or mailed by overnight registered or certified mail, postage prepaid, return receipt requested, to the address of the respective party set forth in this Agreement and to the attention of the respective person signing this Agreement on behalf of the party. The date of hand delivery or the date of mailing in accordance with the foregoing sentence shall be deemed to be the date of delivery of any such notice. Professional Services Agreement If you are in agreement with the proposal presented, please authorize the execution of this proposal as the Professional Services Agreement in the indicated position below. Please retain one copy for your files and return the other to this office. Electronic submittals are also acceptable. Please let me know if you have any questions. Please contact me at 641-752-6701, or adaters@cgaconsultants.com if you have any questions. Sincerely, CLAPSADDLE-GARBER ASSOCIATES, INC. 61.4-6 ( Adam Daters, PE Matt Garber, PE/PLS Senior Project Manager President/CEO Professional Services Agreement Authorization Authorized By: Date: Title: www.cgaconsultants.com CGA Page •6 Page 167 of 192 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and amount not to exceed $116,000.00, in conjunction with the Leversee Sanitary and Water Improvement Project, Contract No. 987, and authorizing the Mayor to execute said document. City Council Meeting: 7/20/2020 Prepared: 7/17/2020 ATTACHMENTS: Description u Proposal SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Backup Material Resolution approving a Professional Services Agreement with Clapsaddle- Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and amount not to exceed $116,000.00, in conjunction with the Leversee Sanitary and Water Improvement Project, Contract No. 987, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer See attached agreement for Scope of Services Contract 987 (Leversee) - amount not to exceed $116,00.00. Contract 987 (Leversee) TIF Page 168 of 192 Date: June 15, 2020 Client: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CGA ENGINEERS • LAND SURVEYORS Construction Phase Services Proposal Waterloo Airport Industrial Park Waterloo, Iowa Dear Mr. Knutson: Thank you for your continued consideration of CGA for your professional engineering and surveying needs. The following proposal is for Construction Related Services for Leversee Road Sanitary Sewer Extension and WARP Drive R.I.S.E. projects: Scope of Services Construction Phase Services CGA shall provide construction administration, surveying, observation and testing services for the construction phase of the project. The fee for Construction Phase Services is developed in part on the anticipated duration of the construction and approximately 25 hours per week construction observation by an engineering technician and approximately 10 hours per week construction administration by an engineer for each project, as well as approximations for the staking and testing services specific to each project. It is anticipated that the projects will overlap significantly during the construction period which will enable one technician to cover both projects at once during most occasions. This portion of the services includes services during construction and are further defined to include the following tasks: a. Preconstruction Conference Preparation and Attendance b. Contractor Review c. Record Keeping d. Trench Compaction Testing e. Collecting As -Constructed Utility Information f. On -site Construction Observation by a Field Representative (Note: The field representative is not authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the project contractor, however, shall have the authority to reject work or materials until any questions at issue can be referred to and be decided by representatives of the City.) g. Construction Survey h. Preparation and Recommendation of Monthly Pay Estimates i. Preparation of Change Orders, as necessary j. Provide periodic updates to City of Waterloo k. Perform Final Walk Through of Construction I. Project Close -Out m. Certification of Project Completion. Note: This certification will be prepared based on our observance of construction and, to the best of our abilities, determine the Contractor's compliance with the Contract Documents and deem unacceptable such work and material which do not comply with the www.cgaconsultants.com CGA Page •1 Page 169 of 192 specifications and plans. This clause shall not be construed to mean that the Engineer is guaranteeing the work of the Contractor. n. Preparation of Digital and Paper As -Constructed Drawings. Fee The fee for the Scope of Services described above shall be as follows: Task Fee Type Task 1— Construction Phase Services for WARP Drive City Contract No. 977 $125,000 Not to Exceed Task 2 — Construction Phase Services for Leversee Sanitary and Water Impr. City Contract No. 987 $116,000 Not to Exceed TOTAL $241,000 Not to Exceed Not to Exceed: The fee presented is the maximum amount to be invoiced for this phase. The task will be invoiced on a time and expense basis, per the hourly rate schedule and fees current at the time the service is performed. Schedule The schedule for the completion of the tasks presented shall be as follows: Tasks 1-2 — Construction Phase Services: To be performed during construction Approximate construction length to be used as a basis of this agreement: Task 1— 30 Weeks Task 2 — 20 Weeks Please note that unless included in the Scope of Services any other items that may be needed for the completion of this project are not included. Standard Terms and Conditions PARTIES "ENGINEER" shall mean Clapsaddle-Garber Associates, Inc. "CLIENT" shall mean the person or entity executing this Agreement with "ENGINEER." STANDARD OF CARE Services provided by ENGINEER under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size, complexity, and geographic location as that of the Project. ENGINEER PROVIDES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES. RIGHT OF ENTRY The CLIENT shall provide for complete and continuous access to the Project site in order for ENGINEER to timely perform its services and shall provide for entry for the employees, agents and subcontractors of ENGINEER and for all necessary equipment. While ENGINEER shall take reasonable precautions to minimize any damage to property, it is understood by the CLIENT that in the normal course of the project some damages may occur, the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein, invoices will be prepared in accordance with ENGINEER's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon receipt by the www.cgaconsultants.com CGA Page • 2 Page 170 of 192 CLIENT. If the CLIENT does not make payment within thirty (30) days after the date the invoice was mailed to the CLIENT, then the amount(s) due ENGINEER shall bear interest due from the date of mailing at the lesser interest rate of 1.5% per month compounded or the maximum interest rate allowed by law. In the event that ENGINEER files or takes any action , or incurs any costs, for the collection of amounts due it from CLIENT, then ENGINEER shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the termination is for default, the non -terminating party may cure the default before the effective date of the termination and the termination for default will not be effective. The termination for convenience and for default, if the default is not cured, shall be effective seven (7) days after receipt of written notice by the non -terminating party. In the event that this Agreement is terminated for the convenience of either party or terminated by ENGINEER for the default of the CLIENT, then ENGINEER shall be paid for services performed to the termination effective date, including reimbursable expenses due, and termination expenses attributable to the termination. In the event the CLIENT terminates the Agreement for the default of ENGINEER and ENGINEER does not cure the default, then ENGINEER shall be paid for services performed to the termination notice date, including reimbursable expenses due, but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall include expenses reasonably incurred by ENGINEER in connection with the orderly termination of the Agreement or services, including, but not limited to, demobilization, reassignment of personnel, termination of subcontractors, subconsultants and other agents whose services were retained for the Project, associated overhead costs, lost profits, and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS ENGINEER shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to ENGINEER such information, including electronic media, as is available to the CLIENT and the CLIENT's consultants and contractors. CLIENT hereby warrants the accuracy and completeness of the information provided by CLIENT to ENGINEER, and ENGINEER shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for ENGINEER to assure the accuracy, completeness and sufficiency of such CLIENT -furnished information, either because it is provided by others, or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold ENGINEER Group harmless from and against any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expenses or damages of any nature whatsoever (including, without limitation, damages to property, injuries or death to persons, fines, penalties) arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT, third parties, and/or research performed by ENGINEER or its subcontractors. ENGINEER will use the standard of care defined in this Agreement in providing this service. The information that ENGINEER must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER Group for any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expense or damages of any nature whatsoever arising out of the location of underground utilities provided or any information related to underground utilities provided to or by ENGINEER under this Agreement. CONTRACTOR MATTERS CLIENT agrees that ENGINEER shall not be responsible for the acts or omissions of the contractor or contractors, and their respective affiliated companies, officers, directors, equityholders, employees, agents, subcontractors, suppliers, or other persons or entities responsible for performing work on the Project (collectively, the "Contractor Group") that is not in conformance with the construction Contract Documents, if any, prepared by ENGINEER under this Agreement. ENGINEER shall not have responsibility for means, methods, techniques, sequences, and progress of construction of the Contractor Group. In addition, CLIENT agrees that ENGINEER is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. The ENGINEER shall not supervise, direct or have control over the Contractor's work, not have any responsibility for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. The ENGINEER shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. The ENGINEER does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. JOBSITE SAFETY Neither the professional activities of the ENGINEER/Surveyor, nor the presence of the ENGINEER'S/Surveyor's employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities, including, but not limited to, construction means, methods, sequences, techniques, or procedures necessary for performing, superintending, or coordinating all portions of the work of construction in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. The ENGINEER's/Surveyor's personnel have no authority to exercise any www. cga co n s u lta n ts. co m CGA Page • 3 Page 171 of 192 control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for jobsite safety. SHOP DRAWING REVIEW If, as part of this Agreement ENGINEER reviews and approves contractor submittals, such as shop drawings, product data, samples and other data, as required by ENGINEER, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the contractor. ENGINEER's review shall be conducted with reasonable promptness while allowing sufficient time in ENGINEER's judgment to permit adequate review. Review of a specific item shall not indicate that Engineer has reviewed the entire assembly of which the item is a component. Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of Engineer in writing by the contractor. Engineer shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If, as part of this Agreement ENGINEER is providing opinions of probable construction cost, the CLIENT understands that ENGINEER has no control over costs or the price of labor, equipment or materials, or over the contractor's method of pricing, and that ENGINEER's opinions of probable construction costs are to be made on the basis of ENGINEER's qualifications and experience. ENGINEER makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. CONSTRUCTION OBSERVATION If, as part of this Agreement ENGINEER is providing construction observation services, ENGINEER shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement, the CLIENT has not retained ENGINEER to make detailed inspections or to provide exhaustive or continuous project review and observation services. ENGINEER does not guarantee the performance of, and CLIENT hereby agrees that ENGINEER shall have no responsibility for, the acts or omissions of the Contractor Group or any other person or entity furnishing materials or performing any work on the Project (other than ENGINEER and its subconsultants). ENGINEER shall advise the CLIENT if ENGINEER observes that the contractor is not performing in general conformance of Contract Documents. CLIENT shall determine if work of contractor should be stopped to resolve any problems. If the Owner desires more extensive project observation or fulltime project representation, the Owner shall request that such services be provided by the ENGINEER as Additional Services in accordance with the terms of this Agreement. OTHER SERVICES The CLIENT may direct ENGINEER to provide other services including, but not limited to, any additional services identified in ENGINEER's proposal. If ENGINEER agrees to provide these services, then the schedule shall be reasonably adjusted to allow ENGINEER to provide these services. Compensation for such services shall be at ENGINEER's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment To Agreement that contains an alternative compensation provision. OWNERSHIP & REUSE OF INSTRUMENTS OF SERVICE All drawings, reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by ENGINEER as instruments of service (the "ENGINEER Deliverables") shall remain the property of ENGINEER and ENGINEER shall retain title in the ENGINEER Deliverables. ENGINEER grants to CLIENT a limited non-exclusive license to use the ENGINEER Deliverables for the construction and operation of the Project (the "Specified Purpose"). All other uses of the ENGINEER Deliverables by CLIENT Group are prohibited, including, without limitation, reuse of the ENGINEER Deliverables, use of the ENGINEER Deliverables for the expansion or modification of the Project, or for use on other projects. Except in connection with a Specified Purpose and then only to those persons or entities necessary, CLIENT shall not disclose, market or distribute ENGINEER Deliverables to third parties. The CLIENT agrees, to the fullest extent permitted by law, to defend, indemnify and hold ENGINEER Group harmless from any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expenses or damages of any nature whatsoever arising out of, resulting from or in any way related to the use by CLIENT or any other person or entity of any ENGINEER Deliverable for any purpose other than the Specified Purpose. CERTIFICATE OF MERIT The Owner shall make no claim (whether directly, in the form of a third -party claim, or for indemnity) against the ENGINEER unless the Owner shall have first provided the ENGINEER with a written certification executed by an independent ENGINEER/Surveyor licensed in Iowa to practice in the same discipline as the ENGINEER/Surveyor specifying those acts or omissions which the certifier contends constitutes a violation of the standard of care expected of an ENGINEER/Surveyor performing professional services under similar circumstances and upon which the claim will be premised. Such certification shall be provided to the ENGINEER/Surveyor thirty (30) days prior to the presentation of, and shall be a precondition to any such claim or the institution of, any arbitration or judicial proceeding. DISPUTE RESOLUTION If a dispute arises between ENGINEER and CLIENT, the executives of the parties having authority to resolve the dispute shall meet within thirty (30) days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty (30) day time period, CLIENT www. cga co n s u lta n ts. co m CGA Page • 4 Page 172 of 192 and ENGINEER agree to submit to non -binding mediation prior to the commencement of any litigation. Any costs incurred directly for a mediator, shall be shared equally between the parties involved in the mediation. EXCUSABLE EVENTS ENGINEER shall not be responsible for any event or circumstance that is beyond the reasonable control of ENGINEER that has a demonstrable and adverse effect on ENGINEER's ability to perform its obligations under this Agreement or ENGINEER's cost and expense of performing its obligations under this Agreement (an "Excusable Event"). When an Excusable Event occurs, the CLIENT agrees Engineer is not responsible for damages, nor shall ENGINEER be deemed to be in default of this Agreement, and ENGINEER shall be entitled to a change order to equitably adjust for ENGINEER's increased time and/or cost to perform its services due to the Excusable Event. LIMITATION OF LIABILITY; WAIVER OF CONSEQUENTIAL DAMAGES In recognition of the relative risks and benefits of the Project to both CLIENT and ENGINEER, the risks have been allocated such that CLIENT agrees, to the fullest extent of the law, to limit the liability of Engineer and its officers, directors, equityholders, employees, agents, subconsultants, and affiliated companies (collectively, the "ENGINEER Group") to the CLIENT and any person or entity claiming by or through the CLIENT, for any and all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other cost, expense or damage of any nature whatsoever resulting in any way related to the Project or Agreement from any cause or causes to an amount that shall not exceed the compensation received by ENGINEER under the agreement or fifty thousand dollars ($50,000), whichever is greater. The parties intend that this limitation of liability apply to any and all liability or cause of action, claim, theory of recovery, or remedy however alleged or arising, including negligence for professional acts, errors or omissions, strict liability, breach of contract, expressed or implied warranty, contribution, expressed indemnity, implied contractual indemnity, equitable indemnity, tort and all other claims. Except for the limitation of liability above, the CLIENT waives any claim or cause of action against the ENGINEER Group arising from or in connection with the performance of services for the Project or this Agreement. The ENGINEER Group shall not be liable to the CLIENT for consequential, special, exemplary, punitive, indirect or incidental losses or damages, including loss of use, loss of product, cost of capital, loss of goodwill, lost revenues or loss of profit, interruption of business, down time costs, loss of data, cost of cover, or governmental penalties or fines and CLIENT hereby releases the ENGINEER Group from any such liability. INDEMNIFICATION Subject to the limitation of liability above, ENGINEER agrees to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT against all claims, damages, liabilities, losses or costs, including reasonable attorneys' fees and defense costs, or costs of any nature whatsoever to the extent caused by ENGINEER's negligent performance of service under this Agreement and that of its officers, directors, equityholders, and employees. The CLIENT agrees to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER Group against all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other cost, expense or damage of any nature whatsoever to the extent caused by the acts or omissions of CLIENT and its affiliated companies, officers, directors, equityholders, employees, agents, contractors, subcontractors, engineers, designers, and consultants (other than ENGINEER) (collectively, the "CLIENT Group") in connection with this Project. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights or delegate any duties under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Any such assignment or delegation not in accordance with the terms of this Agreement shall be null and void. SEVERABILITY, SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and ENGINEER shall survive the completion of the services hereunder and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW; JURISDICTION AND VENUE This Agreement and all matters arising under or in connection with this Agreement shall be governed by, construed and interpreted pursuant to the laws in the state of the locale of ENGINEER's address written in this Agreement without regard to conflicts of law principles. In any suit relating to this Agreement, CLIENT and EJNGINEER unconditionally and voluntarily consent to be subject to the exclusive jurisdiction of the state or federal courts sitting in Iowa and hereby waive any objections to venue lying therein. Each of the parties hereby consents to service of process anywhere in the world. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of ENGINEER to provide equal employment opportunities for all. ENGINEER will not discriminate against any employee or applicant because of race, color, religion, sex, marital status, national origin, age, ancestry, veteran status, physical or mental handicap, unless related to performance of the job with or without accommodation. www. cga co n s u lta n ts. co m CGA Page • 5 Page 173 of 192 COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and ENGINEER and supersedes all prior or contemporaneous negotiations, representations and agreements, whether oral or written. If the CLIENT issues a Purchase Order of which this Agreement becomes a part, the terms of this Agreement shall take precedence in the event of a conflict of terms. Any amendments, changes or alterations to this Agreement shall only be binding if reduced to writing and signed by both parties. SIGNATURES This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same agreement. Original, facsimile, or electronic signatures by the parties are deemed acceptable for binding the parties to the Agreement. NOTICES All formal notices requests, demands, and other communications required under this Agreement shall be in writing and shall be hand delivered to the party or mailed by overnight registered or certified mail, postage prepaid, return receipt requested, to the address of the respective party set forth in this Agreement and to the attention of the respective person signing this Agreement on behalf of the party. The date of hand delivery or the date of mailing in accordance with the foregoing sentence shall be deemed to be the date of delivery of any such notice. Professional Services Agreement If you are in agreement with the proposal presented, please authorize the execution of this proposal as the Professional Services Agreement in the indicated position below. Please retain one copy for your files and return the other to this office. Electronic submittals are also acceptable. Please let me know if you have any questions. Please contact me at 641-752-6701, or adaters@cgaconsultants.com if you have any questions. Sincerely, CLAPSADDLE-GARBER ASSOCIATES, INC. 61.4-6 ( Adam Daters, PE Matt Garber, PE/PLS Senior Project Manager President/CEO Professional Services Agreement Authorization Authorized By: Date: Title: www.cgaconsultants.com CGA Page •6 Page 174 of 192 CITY OF WATERLOO Council Communication Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $3,219,441.48, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/7/2020 ATTACHMENTS: Description Type ❑ Contract No. 992 Backup Material SUBJECT: Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $3,219,441.48, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Expenditure Required: $3,340,512.09 Source of Funds: Local Option Sales Tax Page 175 of 192 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2020 ASPHALT OVERLAY PROGRAM CITY OF WATERLOO, IOWA CONTRACT NO. 992 This contract made and entered into this day of , 20 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and ASPROJNC. referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 of Waterloo, Iowa , (hereinafter Contractor agrees to build and construct the F.Y. 2020 ASPHALT OVERLAY PROGRAM, Contract No. 992, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of - Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer_ The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FORM OF CONTRACT PAGE 1 OF S PAGES Page 176 of 192 PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before October 30, 2020, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 PAR. 8 PAR. 9 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. FORM OF CONTRACT PAGE 2 OF 5 PAGES Page 177 of 192 PAR. 10 PAR. 11 PAR_ 12 PAR. 13 PAR. 14 PAR. 15 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT PAGE 3GE e� agof 192 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $3,219,441.48. After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not Tess than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not Tess than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES Page 179 of 192 CITY OF WATERLOO, IOWA Mayor City Clerk Aspro, Inc. Contractor BY/fri9 .4"/MAtzX Title: President Approved by the City Council of the City of Waterloo, Iowa, this day of , 20. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Page 180 of 192 Bond No. 2303443 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Aspro, Inc. Of Waterloo, Iowa (the "Principal"), and North American Specialty Insurance Company of Kansas City, MO (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Three Million Two Hundred Nineteen Thousand Four Hundred Forty-one And 49/100 Dollars ($ $3,219,441.48 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2020 Asphalt Overlay Program, Contract No. 992, Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Page 181 of 192 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Aspro, Inc. Name By(/'? Title:/'4 d/O4r,vl SURETY North American Specialty Insurance Company Name Title: Attorney -In -Fact [attach Power of Attorney] Performance Bond Page 2 of 2 Page 182 of 192 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 3 of 2 Page 183 of 192 Bond No. 2303443 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. P. O. Box 2620, Waterloo, IA 50704-2620 a Corporation (Name of Contractor) (Address of Contractor) (Corporation, Partnership or Individual) and, North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 , hereinafter called Principal, (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) Three Million Two Hundred Nineteen Thousand Four hereinafter called OWNER, in the penal sum of Hundred Forty-one And 4[31�ars,k$ss,219,441.46 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: FY 2020 Asphalt Overlay Program, Contract No. 992, Waterloo, IA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consuPta 6f34 of 192 used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three(3) counterparts, each one of which shall be deemed an original, this the 2020 ATTEST: (Principal) Secretary (SEAL) Witness as to Pr- pal P. O. Box 2620 (Address) Waterloo, IA 50704-2620 o Surety Anne Crowner 2727 Grand Prairie Parkway Waukee. IA 50263 Aspro,Inc. (number) day of Principal (Address) Waterloo, IA 50704-2620 North American Specially Insuranc. Company By Sur Attorney- Dione R. Young Holmes, Murphy and Associates, LLC (Address) 2727 Grand Prairie Parkway Waukee. IA 50263 (Address) Page 185 of 192 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 186 of 192 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER, TIM MCCULLOH„ STACY VENN, DIONE R. YOUNG, and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 0011101,0 'atSEAL Vg= Wix 1973 ruin: StevBen P. Anderson, Senior Vice President of Washington Inlernatranallnsurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vlce President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 3rd day of November , 20 17 State of Illinois County of Cook On this 3rd day of North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation ss: November , 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty lnsurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public -State cif Mimic My Commission Erpires 12i0412OY1 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of Jeffrey Goldberg, Vico President & Assistant Secretary of Washington Intemalliageonnlc �pi&1 92 North American Specialty Insumnce Company & Vice President & Assistant Secretary oLYestport Insurance Corporation AC�RD CERTIFICATE OF LIABILITY INSURANCE GATE (MM@D{YYYY) 11/22/2019 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL. INSURED, the pollay(les) must have ADDITIONAL, INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 4200 Corporate Drive Ste 1E0 West Des Moines IA 50266 INSURED Aspro, Inc. P.O. Box 2620 Waterloo; to 50704 NAMEACT Tina Feidernian iA/C. 615-440-2330 eMAL .o ssl Tina FeIderniant ajru.com INSt)RER(SI AFFORDING COVERAGE INSURER A; ERTplayers Mutual Casually•Campany INSURERa: EMCASCO Insurance Company INsuRaRG; INSURER 0 ; FAX MC, Not: 515-457-89(i4 -- NATO 21415 21407 INSURER E INSURERF; COVERAGES CERTIFICATE NUMBER:238961339 xrvrxir•rnr rjr rnr3�-rr-tie' THIS IS TO CERTIFY 'THAT TIME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TQ THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TIME POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN N MAY HAVE I3EEN REDUCED BY PAID CLAIMS. - ... . ^ 'IN$R -Oa' LTR TYPE OF INSURANCE INSD SOON WVD POLICY NUMBER PDiT.1C PF IMMIOD(YYYTp POLICY EXP rMM:DO,YYYY) LIMITS A X COMMERCIAL GENERALLIAEIILITY Y Y 9D51363 12/1/2010 12/1/2020 EACH OCCURRENCE $1,000,000 1 CLAIMS -MADE X "OCCUR DAMAdV-I0-11PNYEU SHS...(Fapcu;rrence1 F300,000 X Caniracnual Liao ,EB MED EXP (Any anti person) $.5,000 X xcu IndLided PL_RSONAL a AOV INJURY $ 1,000,000 GEN`t. AGGREGATE LIMrr APPLIES PER; GENEP-ALAGGREGATO $ 2,000,000 x POLICY JEi}' C I LOC r RODi1CT0 - COMPIOP AGO S 2,000,000 OTHER; Emp Benefits $1,000,000 0 AUTOMOBILELUIBILITY 1E81383 12/1/2010 12/1/2020 C0M5I 5OSINOL'LIMIT $1,000,000 X ANY AUTO B001LY INJURY (Per person) $ OWNED AUTOS ONLY _ 5CI{EQULE7 AUTOS BODILY INJURY Paracaidani) L S x' i HIR'D AUTOS ONLY j( __ NON-OWNOD AUTOS ONLY PROPERTYDAVAGE (Per axicent) $ • S A X UMBRELLA LIAR X °CCUR 9J81363 1211/2019 12/1f2020 FAC:HOCCURRFNCE $ 0,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 6,000,000 DEO 3 X RETONT ON $ In nnn $ B ON WORKERS AND EMPLOYER&`LIABITLITY 8M81383 123112018 12/112070 X S,ATUTE.. ER{ YIN ANYPROPRIETOIi/PARTNER/EXECUTIVE N OFFICERIMEMEEREXCL€1DED? NIA et.. EACH ACCIDENT $ 500,000 (Mar€daioryInNH) details E.LDISEASE- EAEMPLOYEE $500,000 If yes, tender DESCIEPTION OF OPERATIONS-beim E.L. DISEASE - POLICY UNIT $ $00,000 . , — DE5CRIPT;ON OF OPERATIONS i LOCATIONS 1 VEHICLES (ACORD 101, Additional- Remarks Schedule, may ba attached Irmare space is required) Certificate holder Is an additional insured (CG74820108) with respect to any and all WO k performed by the named Insured. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED DEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ogrj:er' ACORD 25 (2018(03) • 1988-2015 ACORD CORPORATION, All rights reserved. The ACORD name and lo go are registered marks of ACORD Page 188 of 192 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1, with Woodruff Construction, LLC, of Waterloo, Iowa, for a net increase of $502.95, in conjunction with carpet replacement, Airline Passenger Terminal Building Improvements, Waterloo Regional Airport, Project No. 9-I-190-ALO-200 Iowa DOT Aviation Bureau Contract No. 20601,and authorizing the Mayor to execute said documents. City Council Meeting: 7/20/2020 Prepared: 7/15/2020 ATTACHMENTS: Description Type ❑ Change Order No: 1 - Terminal Carpet Project Cover Memo Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Approve of the request as noted above by Airport Staff. Work allows for the Phase 1 recarpeting of the Terminal Lobby, Baggage Claim area, Main and Rental Car entrances, and select and/or priority office areas for both the DHS/TSA and FAA, as required for both the GSA and FAA lease documents. Change Order consists of a total of $502.95. However, along with this Change Order, Staff is requesting the need of the airport's operating budget from the Buildings and Grounds account, in the amount of $8,759.76, to allow the Airport Director to complete the carpeting of Bid Alternate No: 1, (FAA Office and Business Center), as noted on the bid tabulation. Total of all work then, totals: $82,384.20. These Change Order Funds will be derived via the Iowa DOT Commercial Service Vertical Infrastructure (CSVI) funds. This project complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategies Nos: 3.1, 3.3, 3.4 and 3.7. Goal No: 4, and Strategy No: 4.5. No bid alternative was selected for the use of the overall grant funds. this is the second time that Airport Staff along with AECOM engineers, bid the carpet replacement project. First time, we received no bids. None. Therefore, this time required of us to work through a General Contractor. Not Applicable for this request by Staff. Page 189 of 192 Page 190 of 192 CHANGE ORDER NO. 1 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date July 14, 2020 Project Terminal Building Carpet — Terminal Improvements Owner's Contract No. IDOT CSVI 9I190AL0200, Contract 20601 Contractor Woodruff Construction Date of Contract Start You are directed to make the following changes in the Contract Documents. Description: Item Description Unit Est. Quantity Unit Price Extended Price 5A Office Area 1- Materials and Labor EA 1 ($ 5,981.00) ($ 5,981.00) 5B Office Area 2 — Mobilization EA 1 $ 2,300.00 $ 2,300.00 BID ALTERNATE NO.1 1 Business Center SFT 363 $ 5.35 $ 1,942.05 2 FAA Office SFT 423 $ 5.30 $ 2,241.90 SUBTOTAL $ 502.95 Reason for Change Order: The purpose of this change order is to delete carpet from Office Area 1, Line Item 5, included in the base bid for the Terminal Building Carpet Improvements. The Contractor included items related to Mobilization and General Conditions cost in this item which are costs incurred since there was not a bid item included for Mobilization and General Conditions. Line Item 5 Materials and Labor costs have been removed and costs included for Mobilization and General Conditions. The change order also allows for executing Bid Alternate No. 1 for Carpet in the Business Center and FAA Office. Terminal Building Carpet CO-1 Project No — 60600098 1 Page 191 of 192 CONTRACT PRICE Original: $ Previous C.O.s (ADD): $ This C.O. (ADD): $ Contract Price with all approved Change Orders: $ 82,384.20 81,881.25 Original: CONTRACT TIMES (Contract Completion) To substantial To final completion completion 0.00 Previous C.O.s (ADD): 502.95 This C.O. (ADD): REVISED: 11/01/2020 0 0 11/01/2020 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: 3 • l� Engineer (Authorized Signature) APPROVED: By: Owner (Authorized Signature) ACCEPTED: By: Contractor (Authorized Signature) July 15, 2020 Date Date Date Terminal Building Carpet CO-1 Project No — 60600098 2 Page 192 of 192