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HomeMy WebLinkAboutCouncil Packet - 8/3/2020Amended Council Agenda Item Council Meeting Monday, August 3, 2020 MENDED Item 1.A.5: Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (quonset hut only) 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Reason: To apply asbestos abatement services to the correct property. 814 Bluff Street does not need asbestos abatement but 100 E. 9th Street does require abatement. THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, August 3, 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 160 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Kelley Felchle, City Clerk Agenda, as proposed or amended. Minutes of July 27, 2020, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving cancellation of assessment for 3868 Jay Lane in the amount of $804.18, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 120 Center Street and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, for asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 118 Shilliam Page 2 of 160 Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving Variance to Noise Ordinance request from Tonnette Wise, in conjunction with a memorial service for Cortez Harrison to be held July 31, 2020, from 1:30 p.m. to 3:30 p.m., at Sullivan Park, including the use of a P.A. system. Submitted By: Corbin Payne, Police Lieutenant B. Motion to approve the following: 1. LIQUOR LICENSES a. Brenda's Park Road Inn, 306 Park Rd. Class: C Liquor and Outdoor Service Renewal Application Does not include Sunday Expiration Date: 8/8/2021 b. Casey's General Store #2880, 1604 LaPorte Rd. Class: B Wine, C Beer, and E Liquor New Application Includes Sunday Expiration Date: 9/30/2021 c. Kwik Star #569, 875 Fisher Dr. Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 8/27/2021 d. Old Skool Lounge, 120 Sumner St. Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/5/2021 e. Una Bar and Restaurant, 910 W. 5th St. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/30/2021 f. Verve Kombucha, 327 W. 3rd St. Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/9/2021 g. Waterloo Fraternal Order of Eagles, 202 E. 1st St. Class: A Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/14/2021 h. BJ's Bar and Billiards, 110 Ida St. Class: C Liquor and Outdoor Service Page 3 of 160 Renewal Application Includes Sunday Expiration Date: 7/29/2021 i. Casey's General Store #2879, 3260 University Ave. Class: B Wine, C Beer, and E Liquor New Application Includes Sunday Expiration Date: 9/30/2021 j. Guddi Mart, 306 Byron Ave. Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 7/2/2021 k. Hy-Vee Gas #3, 1512 Flammang Dr. Class: C Beer Renewal Application Includes Sunday Expiration Date: 8/26/2021 2. APPOINTMENTS a. Virginia Wilbur Board/Commission: Planning, Programming & Zoning Commission Expiration Date: August 7, 2023 Re -Appointment 3. Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850 Park Road, for all home games starting at 10:00 p.m. and lasting for ten minutes. Submitted By: Kelley Felchle, City Clerk 4. Bonds. PUBLIC HEARINGS 2. Request by Greg Steffen to rezone 8.80 acres, located at 4192 Logan Avenue, from "A-1" Agricultural District to "R-2" One and Two Family Residence District, to construct a new single family home. 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 and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to rezone 8.80 acres, located at 4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of a new single family home. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 3. Sale and conveyance of City owned property located adjacent to 900 Commercial Street, with an undivided one-half interest to Mark A. Hughes, as Page 4 of 160 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, and rescinding Resolution No. 1986-646 in its entirety. 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 authorizing the sale and conveyance of City owned property, located adjacent to 900 Commercial Street, with 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, and authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 1986-646 in its entirety. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 4. Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $35,000.00 for the first year, $38,000 for years two through four and $34,833.34 for the fifth year, authorizing the Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2020-557. Submitted By: Michelle Weidner, Chief Financial Officer 5. Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the F.Y. 2021 Shaulis Road Reconstruction - Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Chad Coon, General Manager, Waterloo Water Works 6. Resolution approving an amendment to the Professional Services Agreement, originally executed April 8, 2019, with Ament Design of Cedar Rapids, Iowa, in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, in an amount not to exceed $46,800, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 7. Resolution approving submission of an Iowa DOT Traffic Safety Fund grant application, in the amount of $128,000, in conjunction with traffic safety improvements at the intersection of Vinton Avenue and Independence Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 8. Resolution approving acquisition of property generally described as Summit Softball Fields from Waterloo Community Schools, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving Amendment No. 1 to the Professional Services Agreement, originally executed October 30, 2018, with HR Green, Inc., of Cedar Rapids, Iowa, in conjunction with environmental investigation services at the former Weissman Steel site Page 5 of 160 area, in the amount of $11,000, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director OTHER COUNCIL BUSINESS 10. Motion approving Change Order #2 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $4,962.90, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. Motion approving Change Order #2 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $4,962.90, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 11. Motion approving Change Order #3 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $3,870.35, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. Motion approving Change Order #3 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $3,870.35, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:40 p.m. Council Work Session 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting Minutes, June 23, 2020. 2. Complete Streets minutes of June 16, 2020. 3. Historic Preservation minutes of June 16, 2020. 4. Board of Adjustment minutes of May 28, 2020. Page 6 of 160 CITY OF WATERLOO Council Communication Minutes of July 27, 2020, Regular Session, as proposed. City Council Meeting: 8/3/2020 Prepared: ATTACHMENTS: Description Type ❑ Minutes of 7/27/2020 Backup Material Submitted by: Submitted By: Page 7 of 160 July 27, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 27, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Tavis Hall, Director, Experience Waterloo 158918 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, July 27, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 158919 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, July 20, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Todd Obadal, 124 Amity Drive, thanked the police chief for attending the Back the Blue rally. He commented that he was very pleased to hear that a council member two meetings ago stated that this is an act of engineering and not an act of god but heard nothing at the last meeting. He speculated that the executive session last week was about sewer backups. He reminded council that executive session is not to cover up matters. Anyone doing so is taking part in a cover up. He stated that it would not be appropriate if an insurance company were to tell members of council that they would be financially responsible for legal damages that would come from the city acting outside the law. Forest Dillavou, 1725 Huntington Road, he encouraged the city to come up with educational materials for residents so that they understand how sewer back flows work and how to prevent water problems in a basement. Mayor Hart clarified if Mr. Dillavou was asking for information put in the water bill about how to prevent water and sewer backups in basements. Mr. Dillavou confirmed. Lynette Risse, 733 Reber Avenue, commented that she has had water in her basement three times this year and has lost many of her possessions and asked if the mayor has been in touch with the insurance company on what they're going to do for the citizens. Mayor Hart commented that the insurance company is reviewing each claim individually. Jessica Rucker, Director of Main Street Waterloo, explained that they have a survey on their website, www.mainstreetwaterloo.org, for community feedback on what people are looking for in the development of downtown Waterloo. Mr. Grieder explained that he is going to bring a resolution to a work session to propose a public mask mandate. Mr. Amos stated that he was concerned with the length of the Republic Parking contract and items within it, so he is giving mayor and council notice that he is going to rescind the contract with Republic Parking. He will be coming next week with a different contract and believes the city can have a better contract that better meets the needs of everyone. Mr. Morrissey questioned if a motion to reconsider would be a better action to take. Mr. Amos commented that he would like to eliminate the contract they voted on and come forward with a new contract next week. Mr. Morrissey questioned if the leaky waterlines at the convention center have been replaced. He commented that he has heard the central garage is down a couple mechanics and questioned when they will be replaced. He commented that there are frost boils on Conger between Broadway and Page 8 of 160 July 27, 2020 Page 2 Burton that need to be repaired. In addition, sunken manholes have not been repaired throughout the city. He looks forward to a mask mandate resolution as proposed by Mr. Grieder. He stressed the importance of continuing the discussion on removing the meters in certain areas of downtown Waterloo to both promote new business and support our current businesses. He stated that he continues to receive census reminders and questioned how they know if their census information was received. He further stated that the city would be putting policies in place that are stricter than what the state has mandated and believes it should be legal. Randy Bennett, Public Works Division Manager, explained that they had an individual retire and will be filling that position. He further explained that staff is currently working to correct the potholes on the list as provided by Mr. Morrissey. Mayor Hart questioned if Mr. Morrissey and Mr. Boesen are in favor of eliminating meters in downtown waterloo. Mr. Morrissey confirmed. Mr. Boesen commented that he would be in favor of removing meters on E. 4th Street from Franklin to Washington. Mayor Hart provided an update on Waterloo's census numbers. As of July 26th, Waterloo is at 65.8% self -reporting compared to Iowa's rate of 68.5%. He provided an overview of efforts the city is undertaking to encourage people to participate in the census. Mrs. Juon commented on an article in the Waterloo Courier about the excellent condition of Waterloo's roads and commended staff for their work on improving the city infrastructure. Mayor Hart congratulated the Planning Department, Finance Department and other city staff for their combined efforts to continue to promote new projects and construction for the development of Waterloo. Mr. Boesen commented that the new pothole -filling machine leaves a lot of gravel on the road. He questioned if the Public Works department could coordinate efforts to fill more regularly, sweep after filling pot holes, then paint the streets. 158920 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 158921- Juon/Feuss 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 27, 2020, in the amount of $2,201,965.66, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-561. 2. Resolution approving Variance to Noise Ordinance request from Dawn Lee, in conjunction with a birthday party to be held August 1, 2020, from noon to 9:00 p.m., at 499 Columbia, including closure of the 400 block of Columbia Street, with City barricades, music and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2020-562. 3. Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as August 13, 2020 and public hearing as August 17, 2020, in conjunction with the 5 Page 9 of 160 July 27, 2020 Page 3 Sullivan Brothers Convention Center Addition and Lobby Renovation Project, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-563. 4. Motion approving Final Quantity Summary for a net increase of $24,748.81 in conjunction with the FY 2018 Ansborough Avenue Improvements from US 20 to San Marnan Drive, Contract No. 942, 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 $795,555.06, in conjunction with the FY 2018 Ansborough Avenue Improvements from US 20 to San Marnan Drive, Contract No. 942, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-564. 6. Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $82,489.50, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-565. b. Motion to approve the following: 3. Motion to approve a Cigarette/Tobacco/Nicotine/Vapor application for Eagle Petroleum Corp. DBA Speedy Mart, located at 926 Linn Street. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 158922 - Morrissey/Grieder that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate a 20 foot -wide sanitary sewer easement, approximately 1.4 acres located south of 4550 Hess Road, and rescinding Ordinance No. 5545, as published in the Waterloo Courier on July 17, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158923 - 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. 158924 - Morrissey/Grieder that "an ordinance approving a request by the City of Waterloo to vacate a 20-foot-wide sanitary sewer easement, approximately 1.4 acres located south of 4550 Hess Road, and rescinding Ordinance No. 5545", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158925 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 158926 - Morrissey/Grieder Page 10 of 160 July 27, 2020 Page 4 that "an ordinance approving a request by the City of Waterloo to vacate a 20-foot-wide sanitary sewer easement, approximately 1.4 acres located south of 4550 Hess Road, and rescinding Ordinance No. 5545", 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. 5567. RESOLUTIONS 158927 - Klein/Feuss that "Resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and Visitors Bureau in the amount of $3,000, to fund the three-day 2020 Midwest Un-Fair Horse Show, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Tavis Hall, Experience Waterloo, provided an overview of the request. Resolution adopted and upon approval by Mayor assigned No. 2020-566. 158928 - Klein/Feuss that "Resolution approving a Debit Request Application to the Black Hawk Mitigation Bank, in the amount of $99,000, to purchase 2.2 acres worth of wetland credits, in conjunction with the proposed Con-Trol Site, and authorize the City Engineer to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-567. 158929 - Klein/Feuss that "Resolution approving an amendment to the CARES Act Grant 3-19-0094-0048-2020 from the U.S. Department of Transportation and the Federal Aviation Administration in the amount of $798,305, for a revised total of $1,098,305, via the CARES Act and Public Law 116-136 for future reimbursement to the City of Waterloo for FAA approved projects at Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-568. 158930 - Amos/Feuss that "Resolution authorizing DOT Traffic Safety Improvement Grant application, in the amount of $385,000, for traffic safety improvement at the intersection of W. 9th Street and South Street, committing to maintaining improvements for a minimum of five (5) years, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned what portion of the project the $385,000 covers and questioned how a roundabout would affect the traffic that backs up on 9th Street. Mohammad Elahi, Traffic Engineer, commented that the $385,000 covers the construction costs. He explained that the engineering costs would be the responsibility of the city, and estimates approximately $70,000 for engineering, out of which $40,000 would be for a roundabout design. He further explained that the consultant does not believe there will be a traffic backup issue. Todd Obadal, 124 Amity Drive, questioned if the study will address entrance and exit issues for businesses located at W. 9th and Washington. Mohammad Elahi commented that they know that there is a lot of business going in and out of Kwik Star. The roundabout would slow the speed of traffic to help, but no specific study was done on helping businesses. The study was conducted strictly for traffic safety, and stated that almost all of the accidents at that intersection are right angle accidents. Page 11 of 160 July 27, 2020 Page 5 Mayor Hart clarified that they analyzed where the number of traffic accidents were coming from and neutralized on that particular intersection. Mohammad Elahi confirmed. Resolution adopted and upon approval by Mayor assigned No. 2020-569. 158931 - Amos/Feuss that "Resolution approving temporary parking prohibited signs on the south side of the 100 block of Walker Street on weekends when softball tournaments are scheduled at the Hoing-Rice Complex", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned who would be placing the temporary signage. Sandie Greco, Traffic Operations Superintendent, explained that the softball association will be responsible for the placement and removal of signs. Resolution adopted and upon approval by Mayor assigned No. 2020-570. 158932 - Amos/Feuss that "Resolution approving the General Services Wastewater Treatment Plant and Collection System Operations Consulting Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $20,000, in conjunction with the Wastewater Treatment Plant and Collection System Operations Consulting, 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. 2020-571. ADJOURNMENT 158933 - Juon/Grieder that the Council adjourn at 6:16 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 12 of 160 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 3868 Jay Lane in the amount of $804.18, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 8/3/2020 Prepared: 7/27/2020 SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving cancellation of assessment for 3868 Jay Lane in the amount of $804.18, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Approve The charges were incurred by the previous owner. S ewer - $ 712.53 Storm - $ 19.02 Garbage - $ 72.63 Total: $ 804.18 Page 13 of 160 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 120 Center Street and instruct City Clerk to publish notice. City Council Meeting: 8/3/2020 Prepared: 7/27/2020 ATTACHMENTS: Description D Aerial Photo D Photos D Black Hawk County Assessors Detailed Report D RFP-Contract #AB-8-2020-1P SUBJECT: Submitted by: Recommended Action: S ummary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Cover Memo Cover Memo Cover Memo Cover Memo Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 120 Center Street and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval 120 Center Street was acquired through Iowa Code 657A. Staff is working with B&B Lawn Care which is located adjacent to 120 Center Street to purchase the property for the expansion of there business. Unknown Nuisance Nuisance Abatement and Economic Development, policy 1, 3 and 4. The property contained a bulk oil facility for nearly 70 years before closing in the late 1960s. Available historical records depicted an oil and grease warehouse, numerous above ground storage tanks, coal storage, and a railroad siding associated with the operation. It later transitioned to a welding supply shop for approximately two decades before becoming an auto repair/detailer in 2000 but has been vacant since 2001. Page 14 of 160 7/27/2020 Printable Map Output Black Hawk County Parcel Map Parcel ID: 8913-23-231-002 Deed Holder: CITY OF WATERLOO Parcel Address: 120 CENTER ST, WATERLOO, IA 50703 Legend Selected parceldim Features road na me_ airport Aerie Photos L'�i''J[_ �rP°� Bias Hawk Co. firedept parks_ parks• twprng �ys°i Railroatls ;J Sectioned �.• Water O Rohl. .of .Way Township ` F CHy Lines railroad dim rroaddim waterna me fit.•, - '•• � ,:• II1!' . i I iS l - 4 1 +`f� ' _ I aaa(jj��� _ :L :.r • r..� '1'.•' , - •- � t' y ' . ... { J t:' - __:-_•-S:'� -_ .W :q-0F -�.:. IOW '� iS'• • I' ,. ' ri {" . - ', ry,j: {, '. • ' { 2 N. ';, �p . 4 r{ l"N t• Sr :. �C4 ` '�0i Y inix pi �S o-` _ • - Yam' ' \ �a Ie • k •-e. - . . 152.65 L,, 207.23 4 , CD CO0dtot ......... 1=—. --- 130.12 - 4 65 1 x. ,__ — • -4 ..- il rf!•• t •. 'tlir 5 3.:1 Map. crcaladred h ArcIMS_ Copyrlg hi ;C 11992.2001 [SR i In= A III ,j dilf.11 Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor@co.black-hawk.ia.us.org Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 15 of 16g1 7/27/2020 Black Hawk County Property Photos There are 2 photos of parcel 891323231002. Click a number to see an image: 1 2 www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891323231002&arg=photo Page 16 of 16Q1 7/27/2020 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-23-231-002 Deed Holder CITY OF WATERLOO iTax Mail to Address PDF No. Map Area 17 Contract Buyer PDF 13 WAREHOUSE/SHOP WA-E Property Address CITY OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 Current Recorded Transfer 120 CENTER ST WATERLOO, IA 50703 Date Drawn Date Filed Recorded Document Type 6/24/2016 6/27/2016 2016 022401 SALES Date 11/17/2014 Amount 1,179 NUTC / Type FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12 / Deed 2/20/2004 2/20/1961 3,949 50,000 SHERIFF OR TAX SALE - PRIOR 09 / Deed FULFILLMENT OF PRIOR YEAR CONTRACT - PRIOR 09 / Deed BUILDING PERMIT None ASSESSED VALUES/CREDITS Year Class 2020 Values as approved by the Board of Review E 100% Value _ Land Dwelling Building Total Acres 16,070 0 19,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 Year Class 2019 100% Value Taxable Value Year Land 16,070 Dwelling 0 Building 19,130 Total 35,200 Acres 0 Land Dwelling Building Total 0 0 0 0 Class 2018 100% Value Land Dwelling Building Total Acres 16,070 0 19,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 Year Class 2017 E 100% Value Land Dwelling Building Total Acres 16,070 0 119,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 17 of 1665 7/27/2020 Black Hawk County Detailed Parcel Report TAX INFORMATION ASSESSMENT YEAR 2018 PAYABLE 2019/2020 Tax District941311 - WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value Military Exemption Levy Rate Tax Net Tax Corp 0 0 0 _Gross 39.49347 $0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran !Property Tax Relief Credit Credit Ag Credit Family Farm Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 ABBREVIATED LEGAL SSESSOR LELANDS PLAT NO 1 PAR T LOT 5 DESC AS E 267.23 FT LO T 5 AS MEASURED ALONG S LINE S AID LOT Basis Acres x Rate Totals: LAND Front Rear Side 1 Side 2 "Lot rea 31101.84 131101.84 !Acres 0.714 0.714 COMMERCIAL BUILDINGS AND ADDITIONS Type Description Year Built Area Stories Warehouse B1-1S BRK 1929 3336 1 Additional Information Style Brick / Blk - Wood Base Square Feet 3,336 Basement Square Feet 0 GBA Square Feet 8300 Plumbing Item Quantity L Toilet Room 2 Item Quantity Canopy - Metal 240 Loading Dock 240 Adjustment Loading Dock 240 Office - internal w/heat only 750 Heat - none 2796 Floor - dock level ad'ustment 3336 Extras Description Item Count Extended Description Door 1 O.H. Door - Manual, 5 Ft Wide, 6 Ft Hi.h Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Interior Wall Plaster on Lath 0: LF indows Incl. w / Base 0: LF of Wall Verticals & Fronts/Doors Incl. w / Base 0: LF Horizontals Roof 3-Ply Compo/ Wood Deck 3336: SF Ceiling Unfinished 3336: SF/Story Ceiling Composition Block 0: SF/Story Struct. Floor Dock Level R'Con 3336: SF Framing Wood - Average 3336: SF HVAC Steam - (1 Pipe) 3336: SF Type Description Year Built Area Stories Warehouse Al-1S BRK 1929 364 1 Additional Brick / Blk - Wood Information Base Square Feet 364 II www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 18 of 16p5 7/27/2020 Black Hawk County Detailed Parcel Report Basement Square Feet 0 GBA Square Feet 8300 Adjustment Item Quantity Heat - none 364 Electric - none 364 Extras s Description Item Count Extended Description Garage 1 343 SF, Frame, Low Pricing � r IVerticals & Horizontals Description Size Exterior Wall Solid Brick - 8" 0: LF Interior Wall Unfinished 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 364: SF Ceiling Unfinished 364: SF/Story Struct. Floor 4" R'Concrete 364: SF Framing Wood - Average 364: SF HVAC No HVAC 364: SF ype Description Year Built Area Stories Manufacturing (Light) A2-2S BRK 1929 1800 �2 Additional Information Style Brick / Blk - Wood Base Square Feet 1,800 Basement Square Feet 0 GBA Square Feet 8300 _ Adjustment Item Quantity Floor - dock level adjustment 1800 Heat - none 1800 Extras Description Item Count Extended Description Door 1 O.H. Door - Manual, 6 Ft Wide, 8 Ft High Verticals & Horizontalsi Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 1800: SF Ceiling Plaster and Lath 1800: SF/Story Struct. Floor Dock Level R'Con 1680: SF Framing Wood - Average 1800: SF HVAC No HVAC 1800: SF 'Type Manufacturing (Light) Additional Information Description A3-1S BRK Year Built 1929 Area 1000 Stories 1 Style Brick / Blk - Wood Base Square Feet 1,000 Basement Square Feet 0 GBA Square Feet 8300 1. Adjustment Verticals & Horizontals Item Quantity Heat none 1000 Floor - dock level adjustment 1000 Electrical - explosion proof lighti 1000 Description Size Exterior Wall Solid Brick - 12 0: LF nterior Wall Unfinished 0: LF Windows Incl. w / Base 0:LFofWall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 7/27/2020 Black Hawk County Detailed Parcel Report 'Ceiling Unfinished 1000: SF/Story Struct. Floor Dock Level R'Con 1000: SF Framing Wood - Average 1000: SF HVAC No HVAC 1000: SF Type Description Year Built Area Stories Warehouse B2-1S BRK 1914 1200 1 Additional Information Style Brick / Blk - Wood Base Square Feet 1,200 Basement Square Feet 0 GBA Square Feet 1200 Item Quantit Adjustment Heat - none 1200 Plumbing - no whse LS) 1 Extras Description Item Count Extended Description Door 1 Steel Roll - Manual, 16 Ft Wide, 10 Ft High Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF LVVaII Facing Incl. w / Walls 0: SF Windows Incl. w / Base 0: LF of Wall Verticals ls Horizontal Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Mtl Deck 1200: SF Ceiling Unfinished 1200: SF/Story Struct. Floor R'Concrete 4" 1200: SF Framing Wood - Average 1200: SF HVAC No HVAC 1200:SF Description Year Built Quantity Plot No. Extended Description Fencing - Chain 1930 1 No Barbs, 6 Ft-Hgh, 172 LF, 0 LF-Gates Entry Status: Estimated www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 20 of 16Q5 7/27/2020 Black Hawk County Detailed Parcel Report 44 LOAD DOCK [1048] CANOPY [240] LOAD DOCK [240] B2-15 BRK [1200] Date Website Last Updated: 07/24/2020 62 20 40 25 A3-1S BRK [1000] A2-2S BRK [1800] 42 52 28 36 10 12 72 131-15 BRK [3336] 62 Al-1S BRK [364] 26 14 8 27 13 LOAD DOCK [240] FR GAR [343] www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 21 of 1695 CITY OF WATERLOO, IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement Contract #AB-2020-08-1 P 120 Center Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Chris Western -Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 22 of 160 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 13, 2020 at 1:00 p.m.. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: Monday August 27, 2020 Mandatory Walk Thru Date: Mandatory Walk Thru is Wednesday August 5, 2020 at 11 a.m. Deadline for Proposal Submittal: 1:00 p.m. Thursday August 13, 2020 Submit Sealed Proposal to SEALED RFP FOR Asbestos Abatement Services Contract #AB-2020-08-1 P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday August 13, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 17, 2020. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P-c g 3 of 9f 160 anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Plc g 3 of 9f 160 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks beginning August 17, 2020 to September 14, 2020. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P-c g 3 of 9f 160 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P-c g ?56t 9f 160 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 120 Center Street 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P-c g ?b of 9f 160 circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P-'gee2(of9f160 adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pac g 29f 9f 160 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our "not to exceed" bid price for each property is: 120 Center Street Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P1, g TOt 9f 160 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, for asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. l0th Street, 105 East llth Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, and instruct City Clerk to publish said notice. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type ❑ RFP-Contract #AS-8-2020-9P Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, for asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 101 Street, 105 East 111 Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval The above mentioned properties where all acquired through Iowa Code 657A. Accepting bids for asbestos survey's is the first of three steps towards demolition. After the asbestos survey's are complete, staff will go out for bid for asbestos abatement on those homes that where found to contain asbestos. And thirdly, staff will then solicit bids for demolition. unknown Nuisance Abatement/Dilapidated Housing Nusiance abatement Page 31 of 160 CITY OF WATERLOO, IOWA ASBESTOS SURVEY SERVICES Request for Bid Asbestos Survey Contract #AS-2020-08-9P 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. loth Street, 105 East llth Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Prepared by City of Waterloo Planning and Zoning Department Chris Western -Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 32 of 160 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 1:00 p.m. Thursday August 13, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: Deadline for Proposal Submittal: Submit Sealed Proposal to: Address exactly as stated- —> —> Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: ASBESTOS SURVEY SERVICES-915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Thursday August 13, 2020 at 1:00 p.m., Central Time SEALED RFP FOR ASBESTOS SURVEY SERVICES City Clerk's Office City Hall 715 Mulberry Street, Waterloo Iowa, 50703-915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10threr,A t9 f 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. 042 ot 11 SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10threOge 13of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 3 0 1 i SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks, anticipated to be from (August 17, 2020) to (September 14, 2020). 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10threrf- ge 13 9f 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 4 0 1 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail or email to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. 3.2.4 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10tIg-, 13c3 of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 5 0 1 i SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre - demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and monitoring of abatement in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Monitoring of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement monitoring, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.9 Reserved 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10thilget9 of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 6 0 1 i 4.1.12 Provide the above -described monitoring services on an as -needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within thirty (30) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. 4.3 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10tIg-, 13c3 of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 7 0 1 i SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10thilget9 of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 8 0 1 i gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 9 0 1 i EXHIBIT "A" SIGNATURE PAGE 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10thpA0 if, of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Pa 0 0 1 i Our bid, for asbestos survey services of the above listed sites is and will not exceed: 915 Linden Avenue $ 725 Glenwood Avenue $ 123 E. Parker Street $ 105 East 11th Street $ 114 E. 10th Street $ 413 Wellington Street $ 409 Wellington Street $ 663 Kern Street $ 214 Cottage Street. $ Total $ The contractor with the lowest total bid for all properties will be awarded the contract provided all bidding requirements are met. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10thFS#r 42 of 160 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Pa 1 or 1 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. City Council Meeting: 8/3/2020 Prepared: 7/27/2020 ATTACHMENTS: Description Type ❑ RFP-Contract #AB-8-2020-8P Backup Material SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4t' Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: All of the properties mentioned above were acquired through Iowa Code 657A and have been deemed too dilapidated for reasonable rehabilitation. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Background Information: Page 43 of 160 CITY OF WATERLOO, IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement Contract #AB-2020-08-8P 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Prepared by City of Waterloo Planning and Zoning Department Chris Western -Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 44 of 160 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 13, 2020 at 1:00 p.m.. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: July 29, 2020 Deadline for Proposal Submittal: 1:00 p.m. Thursday August 13, 2020 Submit Sealed Proposal to SEALED RFP FOR Asbestos Abatement Services Contract #AB-2020-08-8P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday August 13, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 17, 2020. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 45 of 160 Page 2 of 10 INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". SECTION III RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 46 of 160 Page 3 of 10 SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks beginning August 17, 2020 to September 14, 2020. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 47 of 160 Page 4 of 10 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 48 of 160 Page 5 of 10 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 49 of 160 Page 6 of 10 circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 50 of 160 Page 7 of 10 adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk b 51 of 160 Page 8 of 10 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Our "not to exceed" bid price for each property is: RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 52 of 160 Page 9 of 10 118 Shilliam Avenue $ 179 Rebecca Lane 514 Johnson Street 814 Bluff Street (Quonset hut only) 1004 Fulton Street $ 1100 Sycamore Street 2127 E. 4th Street (Former St. Mary's Church and School) 1809 Black Hawk Street Total $ RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk pbIlb 53 of 160 Page 10 of 10 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Tonnette Wise, in conjunction with a memorial service for Cortez Harrison to be held July 31, 2020, from 1:30 p.m. to 3:30 p.m., at Sullivan Park, including the use of a P.A. system. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 SUBJECT: Resolution approving Variance to Noise Ordinance request from Tonnette Wise, in conjunction with a memorial service for Cortez Harrison to be held July 31, 2020, from 1:30 p.m. to 3:30 p.m., at Sullivan Park, including the use of a P.A. system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 54 of 160 CITY OF WATERLOO Council Communication Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850 Park Road, for all home games starting at 10:00 p.m. and lasting for ten minutes. City Council Meeting: 8/3/2020 Prepared: SUBJECT: Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850 Park Road, for all home games starting at 10:00 p.m. and lasting for ten minutes. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 55 of 160 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 8/3/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 08.03.2020 Backup Material SUBJECT: Bonds. Page 56 of 160 BONDS FOR COUNCIL APPROVAL August 3, 2020 RIGHT OF WAY CONSTRUCTION BOND 95 CD C254 1 65150873 790442914 IA5294027 IA5287962 IA 560030 A THOMPSON CONTRACTING COMPANY LLC CONCRETE SOLUTIONS LLC JOSH JEBE DBAJEBE CONSTRUCTION PLUMBING DYNAMICS STEEGE CONSTRUCTION, INC. TIME CONCRETE CONST. CO. AMOUNT $15,000.00 MARSHALLTOWN, IA WAVERLY, IA WATERLOO, IA CEDAR FALLS, IA WAVERLY, IA HUDSON, IA Page 57 of 160 CITY OF WATERLOO Council Communication Request by Greg Steffen to rezone 8.80 acres, located at 4192 Logan Avenue, from "A-1" Agricultural District to "R-2" One and Two Family Residence District, to construct a new single family home. City Council Meeting: 8/3/2020 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 Cover Memo Cover Memo 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 and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to rezone 8.80 acres, located at 4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of a new single family home. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. 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 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 for a new single family home located at 4192 Logan Avenue. Greg Steffen, 4192 Logan Avenue, Waterloo, Iowa 50703 Page 58 of 160 Background Information: 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. 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 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 Page 59 of 160 Legal Descriptions: 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. 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 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 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 60 of 160 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 PSgEP6if6f 160 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 62f 6f 160 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 63f 6f 160 City of Waterloo Planning, Programming and Zoning Commission July 7, 2020 4192 Logan Avenue Rezone from "A-1" to "R-2" Greg Steffen Page 64 of 160 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 65 of 160 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 66 of 160 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 67 of 160 Looking east from existing lot to where house is being proposed. Former saddle shop Page 68 of 160 Looking southeast along rezone area. Looking east from existing buildings. Page 69 of 160 Looking north from existing driveway. Looking west toward existing buildings. Page 70 of 160 Looking at existing home. Page 71 of 160 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 72 of 160 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 73 of 160 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 74 of 160 CITY OF WATERLOO Council Communication Sale and conveyance of City owned property located adjacent to 900 Commercial Street, with 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, and rescinding Resolution No. 1986-646 in its entirety. City Council Meeting: 8/3/2020 Prepared: 7/20/2020 ATTACHMENTS: Description ❑ Ordinance 3462 ❑ Map ❑ Resolution No. 1986-646 SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Backup Material Backup Material Backup Material 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 authorizing the sale and conveyance of City owned property, located adjacent to 900 Commercial Street, with 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, and authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 1986-646 in its entirety. 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 ($480.00), Kathryn E. Brink ($60.00) and the First Church of the Open Bible ($60.00). 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. Staff requests the creation of a resolution 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. Page 75 of 160 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. 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 76 of 160 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 `11n4a.C. Book r�_ mem Are S- D o Record*, Deputy eooK 271 PACE432 Env. City of Waterloo / Page 77 of 160 Page 79 of 160 • • r F • •�•{Il' :C Xkr:� . +.I,.;{'a • 71 • r ice,' „ru + f4 r�, FLw� 1. • . +.•r,. • ..��7Rrr ^_▪ ,' „yin_ , 'r 5' ' ''+.f _1J. . • E'_•,•,,. C' J'. •._ :*' • z. I :#' X. 1']+I+yre { r� � �r r y jjf• ••1. • ~+j. .'• • ',�•• �•' •"� '� � •-• ' W. '4 * {1 YIF 5'r i '' ' t F 1• • if rie; njni •0 41" It 4114.• • w ^I4 -A.L.174 • . • • • • • �ti • . 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" .•.fi r C L• er • •11.1 • +f' wIS + y,+4 • I '•" •+, � EMI ;a `' k ,F,.y}- • a * � d •' • • t ,, • µ 'FPS.• :"..• q;. • . rirt:`t y./ri. r 4:1:04 •• • ••'*• : :l i •1' . • . • • • ' • '�t,` + ,% }i •1: .�+ i• . .;;r. if • SFr Nr•1 . i', r1. • • -640 • •I, ;t IL • • Page 81 of 160 • • ww.o.o.o�o.o •,...:.... r.i-.+.c Yri;,�r+o-ir:: • 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 $35,000.00 for the first year, $38,000 for years two through four and $34,833.34 for the fifth year, authorizing the Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2020-557. City Council Meeting: 8/3/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type ❑ Republic Parking Contract July 30 2020 Council Cover Memo Comm ❑ Agreement Backup Material SUBJECT: Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $35,000.00 for the first year, $38,000 for years two through four and $34,833.34 for the fifth year, authorizing the Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2020-557. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer 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. This version of the contract includes the following additional changes: 1. Added Exhibit A (referred to in the Recitals), listing the "parking facilities", and changed the titles of the other two exhibits to Schedule A and Schedule B. 2. Item # 5 - added "Notwithstanding the foregoing, Manager may assign this Agreement, without prior written consent, so long as such assignment is to an affiliate of Manager." 3. Item # 7b — Added revised language addressing the annual fee for each of the five years included in the contract. 4. Item # 7f — New provision — "City agrees to reconcile the City Account." 5. #14 — Added "as a reimbursable Operating Expense" to the first sentence (regarding snow removal from the top level of the ramps). 6. Item # 14 — Added "as a reimbursable Operating Expense" to the first sentence regarding snow removal from the top level of the ramp. 7. Item # 15 — Change requested by City's insurance agency — Added to end of first sentence "including a waiver of subrogation in favor of the Owner, thereunder but only for losses arising from the operations of the Manager." 8. Item # 15 — Replaced first sentence of the paragraph following coverage Page 82 of 160 Expenditure Required: limits with the following: "Deductibles not exceeding the amount of $10,000 shall constitute a direct Operating Expense of Owner." 9. Item # 18 — Added "Either party shall have the right to terminate this Agreement, for any reason, upon sixty (60) days' notice to the other party." All revenue and expenses of the parking operations are the City's. The contract does require a management fee in the amount of $35,000 for first year, $38,000 for years 2 through 4 and $34,833.34 for the fifth year. These fees are a reduction from the original contract. Source of Funds: Parking operations are supported by parking fees. Page 83 of 160 Council Communication City Council Meeting: August 3, 2020 Prepared: July 29, 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 $35,000 for Year 1 and $38,000 annually for years 2 through 4 and year 5 being $34,833.34), 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 $35,000 for Year 1, $38,000 for years 2 through 4 and $34,833.34 for Year 5. These amounts are reductions from the original contract, as well as the proposed renewal rate. Both of those rates were $40,000 annually. Other minor changes have been made to the contract, as follows: 1. Added Exhibit A (referred to in the Recitals), listing the "parking facilities", and changed the titles of the other two exhibits to Schedule A and Schedule B. 2. Item # 5 - added "Notwithstanding the foregoing, Manager may assign this Agreement, without prior written consent, so long as such assignment is to an affiliate of Manager." 3. Item # 7b — Added revised language addressing the annual fee for each of the five years included in the contract. 4. Item # 7f — New provision — "City agrees to reconcile the City Account." 5. #14 — Added "as a reimbursable Operating Expense" to the first sentence (regarding snow removal from the top level of the ramps). 6. Item # 14 — Added "as a reimbursable Operating Expense" to the first sentence regarding snow removal from the top level of the ramp. 7. Item # 15 — Change requested by City's insurance agency — Added to end of first sentence "including a waiver of subrogation in favor of the Owner, thereunder but only for losses arising from the operations of the Manager." 8. Item # 15 — Replaced first sentence of the paragraph following coverage limits with the following: "Deductibles not exceeding the amount of $10,000 shall constitute a direct Operating Expense of Owner." 9. Item # 18 — Added "Either party shall have the right to terminate this Agreement, for any reason, upon sixty (60) days' notice to the other party." Source of Funds: Parking operations are supported by parking fees. Page 84 of 160 Please contact me with questions. Page 85 of 160 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 manager consistent with satisfying, as efficiently as possible, the parking demands generated by the City of Waterloo, Iowa. 1 Page 86 of 160 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. Notwithstanding the foregoing, Manager may assign this Agreement, without prior written consent, so long as sich assignment is to an affiliate of Manager. 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 as reasonably necessary while operating the Parking Facilities other than those of a capital cost nature including, but not limited to thoseset 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, including any and all sales 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, including credit card proceesing fees, 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 87 of 160 (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 15 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 and City covenant that Manager 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 (the "City 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 outlined in the schedule below. Year 1 2020 - $35,000 per annual or $2,916.66 monthly — the city's fiscal year ending June 30, 2021 Year 2 2021 - $38,000 per annual or $3,166.66 monthly — the city's fiscal year ending June 30, 2022 Year 3 2022 - $38,000 per annual or $3166.66 monthly — the city's fiscal year ending June 30, 2023 Year 4 2023 - $38,000 per annual or $3,166.66 monthly — the city's fiscal year ending June 30, 20204 Year 5 2024 - $38,000 per annual or $3,166.66 monthly — the city's fischal year ending June 30,2025 (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 3 Page 88 of 160 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 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. e. 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. f. City agrees to reconcile the City Account. 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 (20t") 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, 4 Page 89 of 160 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. 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, 5 Page 90 of 160 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. 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, as a reimbursebale Operating Expense,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. In addition, once snow has been cleared by Manager, Owner will be responsible for any ice maintenance thereafter. Manager agrees it will communicate via electronic mail to owner once managers 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 noncontributory basis including a waiver of subrogation in favor of the Owner, thereunder but only for losses arising from the operations of the Manager: Commercial General Liability $1,000,000 each occurrence for bodily injury and property damage. $2,000,000 general aggregate limit per policy period for bodily injury and property damage. Workers' Compensation Policy Limits: Coverage A- Statutory Coverage B- $100,000 6 Page 91 of 160 Deductibles not exceeding the amount of $10,000 shall constitute a direct Operating Expense of Owner. Any loss not covered by the above insurance shall constitute expenses of Owner provided that such loss does not arise in whole or in part by the negligence or willfull misconduct of Manager, it's 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. 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 acting reasonably, for adequacy and form and protection. Owner shall be responsible for maintaining property insurance for the Parking Facilities and equipment contained therein naming Owner as insured. Owner will also provide a Commercial General Liability policy in the amount of $1,000,000 naming the Manager as Additional Insured for losses arising due to Owner entity negligence. 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 or 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, agents, 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 the Owner.. 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. 7 Page 92 of 160 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. 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. Either party shall have the right to terminate this Agreement, for any reason, upon sixty (60) days notice to the other party. 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. 8 Page 93 of 160 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, and 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. 23. If any section of this Agreement is found unlawful or illegal or becomes so, the remainder of the contracted terms shall 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. 9 Page 94 of 160 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: If to Owner: Michelle Weidner Chief Financial Officer City of Waterloo 715 Mulberry Street Waterloo, IA 50703 If to Manager: Todd Brosius President With Copy To: Martin Petersen City Attorney City of Waterloo 715 Mulberry Street Waterloo, IA 50703 With Copy To: Jon Rouse 349 4th Ave SE Republic Parking System, Inc. Cedar Rapids, IA 52401 With an additional copy to: Legal, Republic Parking System, Inc 233 Peachtree Street Suite 2500 Atlanta, GA 30303 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 10 Page 95 of 160 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. BY: BY: Jon Rouse Todd Brosius Regional Director President 11 Page 96 of 160 Exhibit "A" LIST OF FACILITIES 1. Commericail Street Parking Ramp 2. East Park Parking Ramp 3. Courier Parking Ramp 4. Bus Depot Parking Lot 5. West Fourth Street Parking Lot 6. Library Parking Lot 7. Sixth and Sycamore Parking Lot 8. Layfaette Parking Lot 9. Onstreet Parking in the Greater Downtown Area 12 Page 97 of 160 Schedule "B" 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. 13 Page 98 of 160 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 Owner's Commercial General Liability, fire and extended coverage insurance. 14 Page 99 of 160 15 Page 100 of 160 CITY OF WATERLOO Council Communication Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the F.Y. 2021 Shaulis Road Reconstruction - Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 8/3/2020 Prepared: 7/27/2020 ATTACHMENTS: Description Type ❑ City of Waterloo - Water Works Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the F.Y. 2021 Shaulis Road Reconstruction - Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving agreement with Waterloo Water Works Board of Trustees for the F.Y. 2021 Shaulis Road Reconstrubtion — Hess Road to Hwy 218, Contract No. 1020, project. This agreement allows the City of Waterloo and the Waterloo Water Works to work together through the bidding and construction process for reduced expenses for both parties, while maintaining separate costs for each independent Division of work. Division I will be the City of Waterloo and Division II will be the Waterloo Water Works. The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. Waterloo Water Works operating funds, generated primarily from water sales. Page 101 of 160 CITY OF WATERLOO F.Y. 2021 Shaulis Road Reconstruction — Hess Road to Hwy 218 CONTRACT No. 1020 AGREEMENT NOW on this day of , 2020, the Waterloo Water Works and the City of Waterloo, Iowa, enter into this Agreement for and in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. I. RECITALS WHEREAS, the Shaulis Road water main replacements are to be constructed in the same corridors (Refer to E. AREA COVERED) in which the parties have some interest, are proposed to be constructed in calendar years 2020 and 2021; and WHEREAS, the parties presently have varying degrees of responsibilities for the F.Y. 2021 Shaulis Road Street and Water Main Improvements, Contract No. 1020, and the replacement of the existing water main in the segment of Shaulis Road listed below in E. AREA COVERED; and WHEREAS, the parties believe that savings can be realized through a joint contracting venture and WHEREAS, the parties believe that the payments to be made to the contractor would best be handled by the City of Waterloo. NOW, THEREFORE, the parties agree as follows: II. TERMS OF AGREEMENT A. PURPOSE. Refer to Recitals. B. JURISDICTION. The jurisdiction for responsibility for design, inspection and funding shall be: Division I — City of Waterloo Division II — Waterloo Water Works C. FINANCING. The Waterloo Water Works and the City of Waterloo shall share the costs for the Project according to the following: 1 The Waterloo Water Works shall pay for the entire cost of reconstruction or extension of the water mains along the proposed corridors. (Division II) Page 1 of 4 Page 102 of 160 The City of Waterloo shall pay for the entire cost of reconstruction or extension of sanitary sewer, storm sewer, and road improvements, if any, of Shaulis Road along the proposed corridor. (Division I) The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. 4. Financing for this Project shall be the responsibility of each of the parties hereto as reflected in this Agreement. D. ADMINISTRATION OF AGREEMENT. HR Green, Inc. shall prepare plans, specifications, estimate of quantities, estimate of cost, etc. and include them in the contract as Division II. A licensed professional engineer in the state of Iowa, shall sign the Division II Plans and Specifications. The City of Waterloo shall follow the current City bidding procedures for the project and administer the letting phase of this project. The construction phase of this project shall be administered with City of Waterloo for Division I and Waterloo Water Works for Division II. The Waterloo Water Works shall be notified of all meetings involving said Project and shall have the right of review and acceptance for each of the following phases for Division II: 1. Bid Award Approval; 2. Final Construction Approval. E. AREA COVERED. The area covered by this Agreement shall be: a. Shaulis Road — from approximately 500 feet west of the intersection of Hess Road and Shaulis Road, to the intersection of Shaulis/Dysart Road and Highway 218. b. Hess Road — from approximately 400 feet south of the intersection of Hess Road and Shaulis Road to approximately 400 feet north of the same intersection. F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this day of _ , 2020. Page 2 of 4 Page 103 of 160 ATTEST: Chad" Coon, General Manager and Board Secretary WATERLOO WATER WORKS 13/ 7(9)11&/) Mary Potter, phair Board of Trustees Waterloo Water Works STATE OF IOWA, BLACK HAWK COUNTY, ss• On this 1�`11" day of , \u\�� 2020, before me, the undersigned, a Notary Public in and for-tthe State of Iowa, personally appeared Mary Potter and Chad Coon, to me personally known, and who, being by me duly sworn, did say that they are the Board of Trustees Chair and the General Manager and Board Secretary, respectively, of the Waterloo Water Works; and that the instrument was signed and sealed on behalf of the utility by authority of its Board of Trustees as contained in the Resolution adopted by the Board of Trustees, on the 1.'i-Oh day of `] U\ , 2020 and that Mary Potter and Chad Coon acknowledged'the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the utility, by it voluntarily executed. Notary Public in and for the State of Iowa Page 3 of 4 Page 104 of 160 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor City of Waterloo ATTEST: Kelley Felchle, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of , 2020, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 4 of 4 Page 105 of 160 CITY OF WATERLOO Council Communication Resolution approving an amendment to the Professional Services Agreement, originally executed April 8, 2019, with Ament Design of Cedar Rapids, Iowa, in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, in an amount not to exceed $46,800, and authorizing the Mayor to execute said document. City Council Meeting: 8/3/2020 Prepared: 7/27/2020 ATTACHMENTS: Description ❑ Ament CE Amendment Ridgeway -Greyhound SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Backup Material Resolution approving an amendment to the Professional Services Agreement, originally executed April 8, 2019, with Ament Design of Cedar Rapids, Iowa, in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, in an amount not to exceed $46,800, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer Approve resolution. This agreement amends the design services contract to include construction engineering services. The original design services contract was $41,820.00 which included $3,800.00 of contingency. $46,800 ($39,000 + a contingency of $7,800) GO Bond Funds Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. The contract for construction to install traffic signals and add a lane has been awarded. The amendment provides for supervision and inspection of construction work including preparation of pay estimates.. Page 106 of 160 WEST RIDGEWAY AVENUE AT GREYHOUND DRIVE TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT FOR CONSTRUCTION REVIEW SERVICES This Amendment for Construction Engineering services to the original Professional Services Agreement dated 4//8/2019 is made and entered by and between Ament Design, 625 32nd Avenue SW, Cedar Rapids, Iowa, hereinafter referred to as "AMENT" and City of Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: SCOPE OF SERVICES AMENT shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. AMENT'S RESPONSIBILITIES AMENT shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of AMENT and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon AMENT as to all matters pertaining to this Agreement and the performance of the parties hereunder. One of these individuals Ament is assigned as Project Manager. Ament Project Manager for this project is Michael G. Dryden, P.E. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. Schedule shall be as defined in Attachment B. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of AMENT's failure to meet these standards, AMENT shall re -perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since AMENT has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, AMENT does not guarantee the accuracy of any construction cost estimates as compared to contractors bids or the actual cost to the CLIENT. AMENT makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) AMENT shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which AMENT procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. AMENT's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited Page 107 of 160 to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) AMENT will be providing estimates of costs to the CLIENT covering an extended period of time. AMENT does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by AMENT are estimates only, made on the basis of AMENT's experience and represent AMENT's reasonable judgment as a qualified professional. AMENT does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by AMENT, and the CLIENT waives any and all claims that it may have against AMENT as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to AMENT all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. AMENT shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder (c) Appoints a Contract Administrator to represent the Client with full authority to administer this contract on behalf of the Client. Client's Contract Administrator for this project is Mohammad Elahi, Traffic Engineer. IV. INDEMNIFICATION AMENT agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of AMENT during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, AMENT shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over AMENT's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; Page 108 of 160 (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. AMENT agrees to name CLIENT as Additional Insured on this policy, but only to the extent of AMENT's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering AMENT against all sums which AMENT may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. AMENT agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. AMENT shall provide prompt notice to the CLIENT in the event of cancellation, material change, or nonrenewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation associated with the construction engineering phase of the Project is a not -to - exceed fee of Thirty Nine Thousand Dollars and no cents ($39,000.00). The fee is broken down in Attachment B and the standard hourly rates are outlined in Attachment C. A contingency amount of $7,800.00 has been established for this Agreement and the maximum amount payable under this agreement is $46,800.00. Written request by AMENT indicating the need and written approval by the Contract Administrator are needed prior to usage of the contingency amount. AMENT may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay AMENT the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give AMENT written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to AMENT the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to AMENT. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, AMENT will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which AMENT prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when AMENT has been Page 109 of 160 compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to AMENT and CLIENT agrees to release, defend and hold AMENT harmless from and against all claims or suits asserted against AMENT in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by AMENT. Nothing contained in this paragraph shall be construed as limiting or depriving AMENT of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and AMENT makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) AMENT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall AMENT be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. Not withstanding Ament's responsibility under the Scope of Services, in no event shall AMENT be liable for the acts or omissions of CLIENT's construction contractors subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that AMENT may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of AMENT the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing AMENT as an additional named insured. X. INDEPENDENT CONTRACTOR AMENT shall be an independent contractor with respect to the Services to be performed hereunder. Neither AMENT nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. Page 110 of 160 XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Preexisting contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by AMENT. CLIENT agrees to release, defend, indemnify and hold AMENT harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from AMENT's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. AMENT shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that AMENT executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, AMENT shall be and be deemed to have acted as CLIENT's agent. For AMENT's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide AMENT with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that AMENT's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by AMENT. It is intended by the parties to this Agreement that AMENT's services in connection with the project anticipated herein shall not subject AMENT's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then AMENT and the CLIENT agree to submit the dispute to mediation. In the event AMENT or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by AMENT and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate Page 111 of 160 litigation that would otherwise be barred by a statute of limitations, and AMENT may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) AMENT may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve AMENT of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and AMENT and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AMENT DESIGN By. By: ''/I'I c. .! Printed Name• Quentin Hart Printed Name: Michael G. Dryden, P.E. Title. Mayor Title: Secretary/Treasurer Date. Date: July 14, 2020 Page 112 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 ATTACHMENT A Scope of Services We will provide the following scope of services, performed by Ament Design in accordance with generally accepted standards of practice and including the services and supplies necessary to perform the tasks listed below. The Project involves: project management; utility coordination; construction administration; construction observation; materials testing; and construction surveys. The following provides a description of the tasks to be performed and identification of the proposed work. It is understood by the Owner and the Consultant that the level and frequency of Progress Reporting shall be mutually established for each project, taking into account the complexity and duration of the work to be performed. For this specific project it is agreed that progress reporting will be provided on a monthly basis. The Consultant will monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$), Road Design Manual, Standard Road Plans, Road Design Details. Updates requiring no additional effort on the part of the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. Project Identification Traffic Safety Improvements on West Ridgeway Avenue at Greyhound Drive. The improvements shall include the addition of an eastbound right -turn lane on West Ridgeway Avenue between Cyclone Drive and Greyhound Drive and the addition of traffic signals at the West Ridgeway Avenue and Greyhound Drive intersection. Engineering Design services for this Traffic Safety Improvements Project are expected to include: Construction Engineering services are expected to include the pre -construction meeting, utility coordination (if any), project observation, materials approval, reports, Weekly Report of Working Days to the Iowa Department of Transportation, pay estimates, post -construction Iowa Department of Transportation audit including as -constructed plans. Major Project Tasks • Project Management • Construction Phase Services Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. The Project involves: project management; utility coordination; and construction -related services including construction staking; on -site field reviews; construction observation and documentation; materials testing; record drawings, and construction administration including project close-out — for the Page 113 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 proposed improvement. The following provides a description of the tasks to be performed and identification of the proposed work. I. Construction -Related Services Construction Phase Services are assumed based upon a construction contract with a length of thirty-five (35) working days. A. Construction Surveys — This task includes the provision of horizontal and vertical field survey control in sufficient quantity, as necessary, to construct the project. This task also includes office calculations and the provision of field survey construction offsets and elevation staking, as needed by the Contractor, to construct the Project improvements. Project elements to be staked and/or checked include; 1. removal limits for pavement and sidewalk; 2. limited subgrade and grading (It is assumed that the Contractor will utilize GPS machine control for the majority of his/her roadway grading operations and that a limited amount of conventional grade staking will be required.); 3. storm sewer structures / adjustments / pipe and box culvert bends; 4. traffic signal poles and controller cabinet bases and handholes; 5. paving; 6. pedestrian ramps; and 7. right-of-way and temporary construction easement boundaries. This task also includes checking the constructed pedestrian ramps for compliance with design requirements. B. The ENGINEER shall perform construction administration for the OWNER during the Construction Phase of the Project. The ENGINEER shall perform nearly full-time construction observation for the OWNER during the Construction Phase of the Project. 1. General Administration of Construction Contract — Consult with OWNER and act as OWNER's representative. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will be issued through ENGINEER, who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement except as otherwise provided in writing. 2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist the ENGINEER and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment I. The furnishing of such RPR's services will not extend ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 3. Pre -Construction Conference — Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 4. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Page 114 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, ENGINEER will determine, in general, if Contractor's work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 5. Defective Work — Recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 6. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 7. Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 8. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs Page 115 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 incident thereto. ENGINEER has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to ENGINEER. 9. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 10. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 11. Disagreements between OWNER and Contractor — Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 12. Applications for Payment — Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how Page 116 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 13. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. c. ENGINEER shall transmit these documents to OWNER. 14. Substantial Completion — Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables: a. Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and circulate copies of minutes. b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed, and maintained by Contractor, such as silt fence, inlet protection devices, etc. c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests) and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in -place structures, etc. in conformance with the requirements of the Iowa Department of Transportation (DOT) Construction Manual. If required, prepare test cylinders or beams, transport test specimens to the laboratory, perform strength tests on test specimens, and prepare and document test results. Team Services will perform this task. d. Perform PCC plant monitoring in conformance with the requirements of the Iowa DOT Construction Manual, Appendix 3-2. Team Services will perform this task. e. Prepare and furnish to OWNER Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. f. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk in AutoCAD format of the as -built record drawings. g. Assemble necessary documentation for and assist Iowa Department of Transportation with post -construction final Project review and materials audit. Submit necessary documents for Page 117 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 final Project review, materials audit, and Project close-out to applicable regulatory agencies upon completion of construction. 16. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is acceptable to the best of ENGINEER's knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. C. Duration of Construction Phase — The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. D. Limitation of ENGINEER's Authority and Responsibilities — Neither ENGINEER's authority or respon- sibility under this Agreement or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. The limitations upon authority and responsibility set forth above shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. II. Deliverables A. ENGINEER Deliverables 1. Minutes of project review meetings to meeting attendees. 2. Monthly progress reports (submitted with project invoices) to OWNER. 3. The deliverables indicated in Exhibit A-1 to OWNER and/or Iowa DOT, as appropriate. III. Owner's Responsibilities MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. Permit applications that are only available from the OWNER that are necessary to commence with the construction of the proposed improvements. Page 118 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 TASKS TO BE PERFORMED BY THE OWNER: The OWNER shall perform the following tasks related to the project: A. Attend pre -construction conference, construction progress and other job -related meetings, and Substantial Completion and final payment inspections. B. Prepare and submit monthly and final claims for reimbursement to Iowa Department of Transportation. Page 119 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 ATTACHMENT B Schedule We will begin our services immediately after receipt of the executed Agreement, which will serve as a notice to proceed. We will complete our services by within approximately twelve (12) weeks of receipt of Notice to Proceed unless we are delayed by events, which are beyond our reasonable control. COMPENSATION We will provide the above Scope of Services for a Not -to -Exceed Fee amount of thirty-nine thousand and no cents ($39,000.00). Construction Surveys - Geotechnical/Testing Services - Construction Observation - Construction Administration - Total - $ 2,100.00 $ 3,200.00 $29,700.00 $ 4,000.00 $39,000.00 The Agreement amount indicated is for the tasks identified in the Scope of Service section above and does not include any tasks listed in the Additional Services section below. If, at any time during the work, the CONSULTANT determines that its actual costs will exceed the anticipated Agreement amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. Overruns and additional expenses must receive City Council approval to be valid. The terms of this proposal are valid for 30 days from the date of this proposal. ADDITIONAL SERVICES The following are additional services you may require for your project. We can provide these services, but they are not part of this proposal at this time. 1. Design development and contract document preparation for any pedestrian and bicycle facilities. 2. Assistance with preparation of any permit applications required for project construction. Page 120 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 ATTACHMENT C Standard Hourly Rates Technician I $70.00/hour Technician 2 $90.00/hour Engineer Intern $100.00/hour Land Survey Intern $100.00/hour Architecture Intern $100.00/hour Engineer $125.00/hour Land Surveyor $125.00/hour Architect $125.00/hour Senior Engineer $150.00/hour Senior Land Surveyor $150.00/hour Senior Architect $150.00/hour Engineer Manager $165.00/hour Land Survey Manager $165.00/hour Architect Manager $165.00/hour Administrative $75.00/hour Direct Costs: Mileage Currently at $0.575/ mi Bond Copies (per square foot) $0.40/ ea Copies (per copy) $0.20/ ea Postage Currently at $0.55/ oz Other direct reimbursable costs will be billed at cost plus 15%. Page 121 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 ATTACHMENT D DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OFRESIDENT PROJECT REPRESENTATIVE Resident Project Representative A. Ament Design shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to assist Ament Design in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Attachment I may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Ament Design shall endeavor to provide further protection for City of Waterloo against defects and deficiencies in the Work. However, Ament Design shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Ament Design have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Attachment A of the Agreement are applicable. C. The duties and responsibilities of the RPR are limited to those of Ament Design in the Agreement with the City of Waterloo and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Ament Design's agent at the Site, will act as directed by and under the supervision of Ament Design, and will confer with Ament Design regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Ament Design and Contractor, keeping City of Waterloo advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with City of Waterloo with the knowledge of and under the direction of Ament Design. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Ament Design concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Ament Design's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Ament Design in serving as City of Waterloo's liaison with Contractor when Contractor's operations affect City of Waterloo's on -site operations. c. Assist in obtaining from City of Waterloo additional details or information, when required for proper execution of the Work. Page 122 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 5. Interpretation of Contract Documents: Report to Ament Design when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Ament Design. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Ament Design of availability of Samples for examination. c. Advise Ament Design and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Ament Design. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Ament Design. Transmit to Contractor in writing decisions as issued by Ament Design. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Ament Design in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Ament Design whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Ament Design of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Ament Design in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate City of Waterloo's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Ament Design appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Ament Design. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Ament Design's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Page 123 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Ament Design. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Ament Design. 11. Reports: a. Furnish to Ament Design periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Ament Design proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Ament Design and City of Waterloo copies of all inspection, test, and system startup reports. d. Report immediately to Ament Design the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Ament Design, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Ament Design for review and forwarding to City of Waterloo prior to payment for that part of the Work. 14. Completion: a. Before Ament Design issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Ament Design, City of Waterloo, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Ament Design concerning acceptance and issuance of the Notice of Acceptability of the Work. Page 124 of 160 West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements July 14, 2020 D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Ament Design's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of City of Waterloo or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Ament Design. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize City of Waterloo to occupy the Project in whole or in part. Page 125 of 160 CITY OF WATERLOO Council Communication Resolution approving submission of an Iowa DOT Traffic Safety Fund grant application, in the amount of $128,000, in conjunction with traffic safety improvements at the intersection of Vinton Avenue and Independence Avenue, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type ❑ Application-PDF Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving submission of an Iowa DOT Traffic Safety Fund grant application, in the amount of $128,000, in conjunction with traffic safety improvements at the intersection of Vinton Avenue and Independence Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer Approve resolution. This application is for installation of an Intersection Collision Warning Systems (ICWS) to help inform the crossing or entering vehicle regarding whether there is an approaching vehicle(s) and warn the approaching vehicles of people stopped behind the stop sign.. $130,000 $128,000 Grant Funds Cover 100% of Construction Engineering is City's responsibility. Design will be done in-house. Expected GO bond is $2,000 to cover design review. Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. This is a high crash locations. Crash history covering 5 years shows 21 crashes including 5 injury crashes. 11 of the 21 were stop sign violation right-angle crashes. It is difficult to enter Independence Avenue from behind the stop sign on Vinton particularly during peak hours. Independence Avenue's vertical profile east of the intersection causes sight distance limitations. Page 126 of 160 Rev. 5/18 IOWADOT Application for SITE -SPECIFIC TSIP FUNDS GENERAL INFORMATION DATE: Location / Title of Project Intersection of Vinton-lndepence Avenues Traffic Safety Improvements Applicant City of Waterloo Contact Person Mohammad Elahi Title Traffic Engineer Complete Mailing Address 625 Glenwood Street Waterloo, Iowa 50703 Phone (319) 291-4440 E-Mail Mohammad.elahi@waterloo-ia.org (Area Code) If more than one highway authority is involved in this project, please indicate and fill in the information below (use additional sheets if necessary). Co-Applicant(s) Contact Person Complete Mailing Address Title Phone E-Mail (Area Code) PLEASE COMPLETE THE FOLLOWING PROJECT INFORMATION: Funding Amount Total Safety Cost Total Project Cost Safety Funds Requested $ 128,000 $ 128,000 $ 128,000 Does this project appear on a Safety Improvement Candidate List or is there a safety study recommendation for this project? Yes — Explain No Page 127 of 160 Rev. 5/18 APPLICATION CERTIFICATION FOR PUBLIC AGENCY To the best of my knowledge and belief, all information included in this application is true and accurate, including the commitment of all physical and financial resources. This application has been duly authorized by the participating public agency(ies). I understand the attached resolution(s), where applicable, binds the participating public agency(ies) to assume responsibility for any additional funds, if required, to complete the project. In addition, the participating public agency(ies) agrees to maintain any new or improved public streets or roadways for a minimum of five years. I understand that, although this information is sufficient to secure a commitment of funds, a firm contract between the applicant and the Department of Transportation is required prior to the authorization of funds. Representing the City of Waterloo Signed: Attest: Signature Date Signed Quentin Hart Printed Name Signature Date Signed Printed Name Page 128 of 160 CITY OF WATERLOO Council Communication Resolution approving acquisition of property generally described as Summit Softball Fields from Waterloo Community Schools, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description ❑ School Minutes ❑ Map of Summit SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Cover Memo Cover Memo Resolution approving acquisition of property generally described as Summit Softball Fields from Waterloo Community Schools, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Adopt resolution The City of Waterloo has partnered with the Waterloo Community Schools to re -utilize several sites within the community that are no longer needed for school purposes. This is a site that is owned by the Waterloo Community School District but has no current need by them. The City taking ownership will open up options for redevelopment or City use. None NA Strategy 3.1 Continue to implement and explore new options for revenue generation for the City. Strategy 3.8 Continue efforts to foster new investments and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area. Not approve The City has previously worked with the Waterloo Schools for: The former Lincoln School at Burton and Parker has been redeveloped with 13 homes and $1,707,770 in new tax base. The former Van Eaton site has been redeveloped into 5 new homes and $803,180 in new tax base. Page 129 of 160 Background Information: Legal Descriptions: The former Irving School has been redeveloped into 14 homes and over $2.1 million in new tax base. Baltimore Field has 8 new homes, with more to come, with $1.2 million in new tax base. The former Francis Grout School site at Idaho and Madison has 9 new homes, with $1,088,030 in new tax base. Totals from the above — 49 new homes, and $6.89 million in new tax base. While nothing happens as fast as we always want it to, we continue to make great strides in all of these development sites. We are currently working on the former Edison site; seeing what can happen with the former Devonshire site as well (as much of that is needed for drainage improvements to the existing neighborhood); working to prepare the former Orange School site for development soon, and the Williston Field site, and former Lafayette School site as well. AUDITOR RAINBOWS WEST SIDE PLAT LOT 25 AND AUDITOR RAINBOWS WEST SIDE PLAT ALL LOT 26 EXCEPT EAST 108.5 FEET SOUTH 115 FEET AND TEETERS ADDITION LOT 12 BLOCK 1 AND TEETERS ADDITION LOTS 1 THRU 12 BLOCK 4 Page 130 of 160 Minutes of the Board of Education Waterloo Schools County of Black Hawk, State of Iowa July 13, 2020 The Board of Education of the Waterloo Schools, County of Black Hawk, State of Iowa, was called to meet in regular session at 5:00pm on Monday, July 13, 2020 in the Board Room of the Education Service Center, 1516 Washington Street, Waterloo, Iowa. Present: Board Members: Endya Johnson, Jesse Knight, Sue Flynn, Stacie Mills, Astor Williams, Lyle Schmitt and Shanlee McNally Superintendent, Dr. Jane Lindaman Associate Superintendent for Educational Services, Dr. Stephanie Mohorne Chief Officer of Human Resources/Equity, Kingsley Botchway II Chief Financial Officer/Board Treasurer, Michael Coughlin (joined by phone) Assistant to the Superintendent/Board Secretary, Pam Arndorfer Due to public health concerns related to COVID-19 in -person public access to this meeting was not permitted. Public comment for the two Public Hearings and Information from Individuals and Delegations was requested in writing to the Board Secretary by 4pm on July 13, 2020. I. Call to Order The meeting was called to order by Ms. McNally at 5:02pm. II. Moment of Silence III. Pledge of Allegiance IV. Mission Statement The Waterloo Schools Mission Statement was read by Ms. McNally. V. Public Hearing — Multi -Jurisdictional Hazard Mitigation Plan The Public Hearing for the Multi -Jurisdictional Hazard Mitigation Plan was declared open at 5:04pm. Ms. Arndorfer, Board Secretary, stated that no comments were received prior to the board meeting. It was moved by Ms. Flynn and seconded by Mr. Knight to close the Public Hearing for the Multi -Jurisdictional Hazard Mitigation Plan. Motion carried 7-0 on a roll call vote. The Public Hearing was closed at 5:05pm. VI. Public Hearing — Disposal of Real Property/Summit Field The Public Hearing for the Disposal of Real Property/Summit Field was declared open at 5:05pm. Ms. Arndorfer, Board Secretary, stated that no comments were received prior to the board meeting. It was moved by Mr. Knight and seconded by Ms. Johnson to close the Public Hearing for the Disposal of Real Property/Summit Field. Motion carried 7-0 on a roll call vote. The Public Hearing was closed at 5:05pm. VII. Information from Individuals and Delegations Ms. Arndorfer, Board Secretary, stated that no comments were received prior to the board meeting. Page 131 of 160 VIII. Consent Agenda It was moved by Ms. Johnson and seconded by Mr. Williams that the Board of Education approve the consent agenda as revised. Motion carried 7-0. The following items were approved: • Minutes of the June 8, 2020 Regular Board Meeting and the June 11, June 18, June 22, June 25, and July 2, 2020 Special Board Meetings • Bills Due & Payable and Bills Paid Between Board Meetings • Contract with West Wind Education Policy Inc. • Set Date of Public Hearing for Issuance of School Infrastructure Sales and Services Tax Revenue Bonds • Disposal of Real Property to City of Waterloo — Summit Field Item K (Resolution to Adopt the Multi -Jurisdictional Hazard Mitigation Plan) was addressed out of order ahead of other consent agenda items. Exhibit K: Resolution to Adopt the Multi -Jurisdictional Hazard Mitigation Plan It was moved by Mr. Knight and seconded by Ms. Johnson that the Board of Education approve the Resolution to Adopt a Multi -Jurisdictional Hazard Mitigation Plan for Black Hawk County, Iowa. Dan Huff, District Athletics & Activities Director, along with Lorie Glover (Black Hawk County EMA) and Lisa Ahern (INRCOG), provided information. Motion carried 7-0. RESOLUTION OF THE WATERLOO SCHOOLS, WATERLOO, IOWA, ADOPTING A MULTI -JURISDICTIONAL HAZARD MITIGATION PLAN FOR BLACK HAWK COUNTY WHEREAS, the Waterloo Schools, Waterloo, Iowa has agreed to participate in the development of a Multi -Jurisdictional Hazard Mitigation Plan ("Plan") for Black Hawk County; and, WHEREAS, the Black Hawk County Multi -Jurisdictional Hazard Mitigation Plan has been prepared in accordance with FEMA requirements at 44 C.F.R. 201.6; and, WHEREAS, the Waterloo Schools participated in the formulation of said Plan through community representation on the Hazard Mitigation Planning Committee ("Committee"); and said Committee has recommended the adoption of said Black Hawk County Multi - Jurisdictional Hazard Mitigation Plan; and, WHEREAS, a Public Hearing has been held in the Board Room of the Education Service Center, 1516 Washington Street, Waterloo, Iowa, at 5pm on Monday, July 13, 2020, for the purpose of obtaining citizen input on said Plan [citizen input to be provided electronically prior to the board meeting and read aloud by the board secretary at the board meeting]; NOW THEREFORE BE IT RESOLVED THAT the Waterloo Schools, Waterloo, Iowa herewith adopts the Black Hawk County Multi -Jurisdictional Hazard Mitigation Plan, incorporating into the Plan citizen comments and future FEMA and IHSEMD recommendations. Passed and adopted this day of 2020. Shanlee McNally, Board President Attest, Pamela Arndorfer, Board Secretary Exhibit D: Personnel Appointments and Adjustments It was moved by Ms. Johnson and seconded by Mr. Williams that the Board of Education approve the personnel items as listed. Kingsley Botchway II, Chief Officer of Human Resources/Equity, provided information. Motion carried 7-0. Page 132 of 160 Exhibit F: 28E Agreement between Jesup CSD and the Waterloo Career Center (WCC) It was moved by Mr. Knight and seconded by Mr. Williams that the Board of Education approve the 28E Agreement between the Waterloo Schools/Waterloo Career Center and the Jesup Community School District for the 2020-2021 school year as presented. Dr. Jane Lindaman, Superintendent, provided information. Motion carried 7-0. Exhibit H: School Resource Officers Agreement / City of Evansdale It was moved by Ms. Flynn and seconded by Ms. Johnson that the Board of Education approve the School Resource Officers Agreement with the City of Evansdale for the 2020-21 school year at a cost of $33,153.00. Marla Padget, Executive Director of Student & At -Risk Services, provided information. Motion carried 7-0. Exhibit I: School Resource Officers Agreement / City of Waterloo It was moved by Mr. Knight and seconded by Ms. Johnson that the Board of Education approve the School Resource Officers Agreement with the City of Waterloo at a cost of $290,370.00 for the 2020-21 school year. Marla Padget, Executive Director of Student & At -Risk Services, provided information. Motion carried 7-0. IX. Textbook Adoption for High School Introduction to Statistics It was moved by Ms. Flynn and seconded by Ms. Johnson that the Board of Education approve the adoption of Stats in Your World d Edition digital licenses and textbooks in the amount of $9,681.90, for high school Introduction to Statistics. Dr. Stephanie Mohorne, Associate Superintendent for Educational Services, along with high school math teachers Carrie Even and Megan Spooner, provided information. Motion carried 7-0. X. Textbook Adoption for High School World Geography It was moved by Ms. Flynn and seconded by Ms. Johnson that the Board of Education approve the adoption of Global Geography digital licenses and textbooks in the amount of $74,413.32, for high school World Geography. Dr. Stephanie Mohorne, Associate Superintendent for Educational Services, along with high school social studies instructor, Annalee Hollingsworth, provided information. Motion carried 6-1; Mr. Schmitt voted nay. XI. Board Policy Changes — First Reading This item was presented as Information Only. Tara Thomas, Director of School & Community Relations, presented the following policies for first reading: • 200.2 — Board Organizational Meeting • 202.0 — Board Member Qualifications • 202.41 — Vacancies • 210.0 — Meetings of the Board of Education • 210.2 — Meeting Notice • 210.3 — Quorum • 504.22 — Weighted Grades • 604.2 — Internet and Computer Network -Appropriate Use and Safety • 802.8 — Unmanned Drones XII. Selection of Financial Institution for Deposit of Funds It was moved by Ms. Flynn and seconded by Ms. Johnson that the Board of Education authorize the Chief Financial Officer to request bids for the selection of a financial institution for the Page 133 of 160 deposit of funds. Michael Coughlin, Chief Financial Officer, provided information. Motion carried 7-0. XIII. Financial Information This item was presented as Information Only. Michael Coughlin, Chief Financial Officer, provided information. XIV. Superintendent's Report • A lot of work is going on behind the scenes to prepare the District's Return -to -Learn Plan o Plan for rough (internal) draft by end of week o Several meetings with stakeholder groups next week o Expect to have plan out to parents the first week of August XV. Information from Board Members Each board member was given the opportunity to comment. XVI. Adjourn It was moved by Ms. Flynn and seconded by Mr. Williams that the Board of Education adjourn the meeting. Motion carried 7-0. The meeting adjourned at 6:38pm. Respectfully submitted, Pamela G. Arndorfer, Board Secretary Date Approved by the Board of Education THE SUPERINTENDENT'S RECOMMENDATION IS: "the Board of Education approve the minutes of the July 13, 2020, Regular Board meeting." Page 134 of 160 Page 135 of 160 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the Professional Services Agreement, originally executed October 30, 2018, with HR Green, Inc., of Cedar Rapids, Iowa, in conjunction with environmental investigation services at the former Weissman Steel site area, in the amount of $11,000, and authorizing the Mayor to execute said document. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type ❑ Amendment #1 to P SA Backup Material ❑ Weissman lots Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving Amendment No. 1 to the Professional Services Agreement, originally executed October 30, 2018, with HR Green, Inc., of Cedar Rapids, Iowa, in conjunction with environmental investigation services at the former Weissman Steel site area, in the amount of $11,000, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve the resolution The City of Waterloo continues to work on the redevelopment of the University Avenue project and development of the former Weissman site for private investment. This is an environmentally challenged site, and the DNR is requiring we write up an environmental convent for the reuse of the site, and a soil management plan for current construction activities occurring on the site. $9,500 Bond funds Strategy 1.3 Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. Strategy 3.1 Continue to implement and explore new options for revenue generation for the City. Strategy 3.8 Continue efforts to foster new investment and development in the City's Urban Renewal Areas (TIF District) and Consolidated Urban Revitalization Area. Alternative: Not approve The City is reconstructing University Avenue in this area of the community. Page 136 of 160 Background Information: This involves the reconstruction of the former bridge to a tunnel, and reconstruction of the recreational trail through the area. The Soil Management Plan will ensure no environmental conditions are impacted through this construction project. The Environmental Covenant will be placed on the site to follow, to allow for redevelopment of the site, restricting underground activities, residential use, and similar activities on the site. Legal Descriptions: NA Page 137 of 160 HRGreen© HR GREEN, INC. PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 THIS AMENDMENT, made this 14th day of July, 2020 by and between, City of Waterloo the CLIENT, and HR GREEN, INC. (hereafter "COMPANY"), for professional services concerning: Waterloo, IA — Former Weissman Steel Site Environmental Investigation hereby amends the original Professional Services Agreement dated October 30, 2018 as follows: The CLIENT and COMPANY agree to amend the Scope of Services of the original Professional Services Agreement and previous amendments as follows: COMPANY to assist CLIENT in drafting an environmental covenant for the Weissman Steel Site (hereafter "SITE") in response to recommendations cited in an Iowa Department of Natural Resources (IDNR) letter to the CLIENT dated June 29, 2020 for recording in the Black Hawk County Recorder's Office. COMPANY to use IDNR's Iowa Contaminated Site Environmental Covenant template to form the framework of the document. COMPANY to develop a soil management plan (SMP) for the SITE. The SMP will outline a plan to monitor, test, and if necessary, remove and properly dispose of any contaminated soils encountered during future SITE redevelopment activities. The SMP will also guide worker protection precautions to avoid potential exposure to contaminated soil. COMPANY Project Number: 181639 The CLIENT and COMPANY agree to amend other provisions of the original Professional Services Agreement and previous amendments as follows: N/A In consideration for these services, the CLIENT AGREES to adjust the payment for services performed by COMPANY on the following basis: Per current rate schedule with an estimated fee to be increased by eleven thousand Dollars ($ 11,000) THIS AMENDMENT is subject to all provisions of the original Professional Services Agreement. THIS AMENDMENT, together with the original Professional Services Agreement and all previous amendments represents the entire and integrated AGREEMENT between the CLIENT and COMPANY. THIS AMENDMENT executed the day and year written above. CITY OF WATERLOO HR GREEN, INC. Digitally signed by James E. Halverson James E. Halverson DN:C=US,E=jhalverson@hrgreencom, O="HR Green, Inc.", OU=G.S. Midwest, CN=James E. Halverson Date 2020.07 29 1435:07-05'00' By: Quentin Hart, Mayor By: James, Halverson, Vice President J:\2018\181639\Admin\Contract\Client Version2.0 12172018 Page 138 of 160 POTENTIAL DEVELOPMENT AREA BETWEEN UNIVERSITY AVENUE AND FALLS AVENUE o� FEET Page 139 of 160 CITY OF WATERLOO Council Communication Motion approving Change Order #2 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $4,962.90, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type Change Order #2 - 5 Bros Exhibition Hall Ceiling Backup Material Renovation SUBJECT: Submitted by: Motion approving Change Order #2 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $4,962.90, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Covering of conduit and exposed chase. Expenditure Required: $4,962.90 Page 140 of 160 LAIADocument G701 - 2017 Change Order PROJECT: (Name and address) 5 Sullivan Brothers Convention Center Exhibit Hall Ceiling Renovation, Waterloo, IA. OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, TA 50703 CONTRACT INFORMATION: Contract For: General Construction Project No: 19-23188 CHANGE ORDER INFORMATION: Change Order Numbe t 02 Date: May 07, 2020 Date: July 29, 2020 ARCHITECT: (Name and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, [A 50703 CONTRACTOR: (Name and address) Peters Construction Corporation 901 Black Hawk Road PO Box 2940 Waterloo, IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. PR 02: Cost for NE and NW corners to add drywall and framing to the North wall where chase was removed; SE and SW corners add drywall and framing where the chase was removed Add $4,962,90 REDUCE SPECIFIED GENERAL ALLOWANCE FROM $25,000.00 TO $20,037.10. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be unchanged by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be August 7, 2020. 939,810.00 0.00 939,810.00 $ 0.00 939,810.00 NOTE: This Change Order does not include adjustments to the Contract Surn or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. I & S Group, Inc. (ISG) ARCF�ECT (Finn Hamel SIGNATURE Nathan Compton, Architect/Project Manager PRINTED NAME AND TITLE July 29, 2020 DATE Peters Construction Corporation City of Waterloo CO RACTOR (h' tt1 itame) OWNER (Finn name) SIGNATURE SIGNATURE Bradley Best, President PRINTED 1NNAME AND TITLE -711-1fZ04,, DATE Quentin Hart, Mayor PRINTED NAME AND TITLE DATE AIA Document G701' — 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:07:22 ET on 07/29/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA3F) 1 Page 141 of 160 CITY OF WATERLOO Council Communication Motion approving Change Order #3 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $3,870.35, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type Change Order #3 - 5 Sullivan Bros Exhibition Hall Backup Material Ceiling Renovation SUBJECT: Submitted by: Motion approving Change Order #3 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $3,870.35, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Expenditure Required: Relocation of transformer to east of the double doors in lieu of in front of doors. Additional costs with relocating existing conduit, receptacles and piping. At the three outside windows, to demolish the existing rolling shutters to allow for the installation of the new bulkhead. Transformer relocation - $ 1,016.10 Demolish existing shutters - $ 2,854.25 Total - $ 3,870.35 Page 142 of 160 AIA Document GM"' - 2017 Change Order PROJECT: (Name and address) 5 Sullivan Brothers Convention Center Exhibit Halt Ceiling Renovation, Waterloo, IA. OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORMATION: Contract For: General Construction Project No: 19-23188 CHANGE ORDER INFORMATION: Change Order Numbe(003 Date: May 07, 2020 Date: July 29, 2020 ARCHITECT: (Name and address) 1 & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 CONTRACTOR: (Name and address) Peters Construction Corporation 901 Black Hawk Road PO Box 2940 Waterloo, IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. CR 03: To move the transformer to the east of the double doors in lieu of in front double doors. Includes additional costs associated with relocating existing conduit and receptacles and piping Add $1,016.I0 B. CR 04: At the three outside windows, to demolish the existing rolling shutters to allow for the installation of the new bulkhead Add $2,854.25 TOTAL ADD $3,879.35 REDUCE SPECIFIED GENERAL ALLOWANCE FROM $9,144.35 TO $5,274.00. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be unchanged by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be September 25, 2020. $ 939t810.00 $ 0,00 939,810.00 $ 0.00 939,810.00 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. I & S Group, Inc, (ISC) ARC TECT (Firm name) SIGNATURE Nathan Compton, Architect/Project Manager Peters Construction Corporation City of Waterloo CONTfACTOt (l iuname) OWNER (Firm name) SIGNATURE SIGNATURE Bradley Best, President Quentin Hart, Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE July 29, 2020 DATE 119.1/ DAT DATE AIA Document 6701" — 2017. Copyright ©1979, 1987, 2000 , 2001 end 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," life AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:14:42 ET on 07/29/2020 under Order No.8114132283 which expires on 07/12(2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, email copyright@ata,org. User Notes: (3B9AOA44) 1 Page 143 of 160 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes, June 23, 2020. City Council Meeting: 8/3/2020 Prepared: 7/28/2020 ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes, June 23, 2020 Backup Material SUBJECT: Airport Board Meeting Minutes, June 23, 2020. Submitted by: Submitted By: Page 144 of 160 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, June 23, 2020 I. ROLL CALL Chairman Hugh Field called the meeting to order, via Zoom, at 12:02 p.m. Board Members Present: City Officials Present: Airport Staff Present: Other Attendees: Chuck Needham, Arlene Humble, Gwenne Berry, Cary Darrah, Scott Voigt and Hugh Field. Council Member Margaret Klein. Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Doug Schindel and David Hughes, AECOM; Todd Holcomb, New Board Appointee (not yet Council approved). II. AGENDA AS RECEIVED OR AMENDED Moved by Mrs. Humble that the agenda be approved, seconded by Mrs. Berry. Ayes: 5. Motion carried. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Field asked for more information about the Hertz bankruptcy filing and whether they are still operating or paying. Mr. Kaspari stated that he has been in touch with the Director of Properties, who stated that he will release information about their restructuring as it becomes available. Mr. Field asked about upcoming Iowa DOT funding levels and whether the reduced amount includes the Air Service Development funding. Mr. Kaspari stated that the FY-21 Commercial Service Vertical Infrastructure has been announced at a reduced level but the Air Service Development funding level (for marketing of air service) will not be announced until late summer / early fall. 1 Page 145 of 160 Mr. Field asked about federal AIP funding. Kaspari provide return comment that for the federal funds that Waterloo Regional Airport will receive, approximately $3,000,000 of the estimated $4,855,855 will receive via FAA Grant No: 46 will not require a 10% local match. ALO will also be using its full FY-2021 funds at $1,000,000, and approximately $351,000 of FY-2022's entitlement funds, whereby the FAA at this time, cannot provide any guarantees that they will be able to support the use of the 21 & 22 funds at 100%. Therefore, the FAA has directed Staff "to plan" for the need of supporting the 21 & 22 funds with 10% matching funds estimated to be $132,500. As a reminder, the City and ALO needs to provide $100,000 for every $1,000,000 in Airport Improvement Program {AIP} funds received for project development. B. Monthly Planning & Development Report — N/A C. Legislative Information — No discussion. Infoiuiation in Member's Packets. D. Misc. Monthly Airport Reports Reviewed and discussed the YTD budget, AA Performance and surveyed airfares. Mr. Kaspari stated that May enplanements were way below normal but at least they were better than April. He stated that American Airlines is returning to 2 flights per day beginning July 5`n Mr. Field questioned the amount of YTD overtime and if this was excessive. Mr. Kaspari stated that staffing levels must be maintained to comply with FAA Part 139 regulations and, with the small staff we have, anytime one of the Maintenance Techs or Foreman uses time off, the person covering their shift is going to be paid at least some overtime. Mrs. Humble asked about the expense for mowing equipment and wondered if that work, as well as snow removal, could be contracted out to save money on maintaining equipment, reducing overtime, or the need for an additional Maintenance tech. Mr. Kaspari stated that the mowing equipment is leased so we don't have to pay to maintain it. Also communications with the Air Traffic Control Tower must be maintained when operating on the airfield to prevent vehicle deviations. Our personnel are trained on that while a subcontractor wouldn't have an aircraft radio and would need to be trained to communicate with Air Traffic Control. Mr. Kaspari stated, however, that this could be looked into. 2 Page 146 of 160 Mrs. Berry moved that reports be received and filed, seconded by Mr. Needham. Ayes: 5. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of the May 5, 2020 Regular Meeting Mr. Voigt moved that the minutes of the May 5, 2020 meeting be approved, seconded by Mrs. Berry. Ayes: 5. Motion carried. B. Motion to Receive and File May 2020 Expenses Mrs. Humble moved that the May 2020 expenses be received and filed, seconded by Mrs. Berry. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Update: A -Line / POS Airline Hangar (Progress Update). Mr. Kaspari stated that construction is complete, for the most part. A permanent Certificate of Occupancy has been issued and aircraft were moved in on June 2nd. B. Update: Osprey Aviation (Progress Update). Mr. Kaspari stated that work is continuing on utility infrastructure. Contractors are getting close to the point of pouring footings. C. Update: Status of Agreement with Kingfisher Aviation. Mr. Kaspari stated that the City Attorney (Martin Petersen) has sent a draft lease to Kingfisher, which they have forwarded to their legal counsel for review. Mr. Petersen has had limited success with return communications. Mr. Kaspari also stated that the floor work Kingfisher had agreed to complete when the Board approved the reduction in lease rent during the March meeting has not been completed. D. Update: Air Service Working Group — Marketing Sub -Committee. Mr. Kaspari stated that the COVID PSAs will continue to show through the end of June, and that the COVID video was well received. The Marketing Committee of the Air Service Working Group is currently working with officials from Advance Aviation to prepare for the release of a Second Video to encourage travel. 3 Page 147 of 160 Kaspari continued, that unfortunately, Staff will not be able to jump-start marketing efforts beginning July 1st, as we were unable to do any purchases in advance or complete pre -buys due to our June 30th fiscal year-end. Mr. Voigt questioned air travel and wondered what Mrs. Humble is seeing from her position in the travel industry. Mrs. Humble stated that they are seeing no business travel, and industry -wide travel is very slow, not just air travel. Mrs. Humble continued that her travel agency staff have been busy re -booking flights and cruises, but have had very little new travel to book. VIIa NEW BUSINESS A. Use of FAA CARES Act Funding. Review of Staff Recommendations for Use of Funds. Mr. Kaspari reminded the Board that we are to receive just under $1,100,000 in CARES ACT funding. Board members reviewed the memo detailing projects and priorities. Based on estimated costs only, we will not be able to complete all of the projects listed. Mr. Field asked if we needed to upgrade deicing equipment. Mr. Kaspari stated yes, but that's not a high priority item at this time. B. Update FY-2020 FAA Funded Projects. Board and Staff reviewed the bid tabs for the GA and Terminal Aprons, Taxiway Bravo, and Tree Clearing projects. Mr. Voigt asked how the Engineer's estimate missed the bid tabulation estimates by 15%. Mr. Schindel of AECOM (Consulting Engineers) stated that they feel COVID affected the bids, as all five (5) bids received were fairly close. Mr. Kaspari stated that the work may have to be scaled back as the low bid was higher than the expected FAA funding allowed, pending additional discussions with FAA officials, but projects will be funded @ 100%, with no local match. Scott Voigt signed off at 1:00 p.m. due to another commitment. 4 Page 148 of 160 C. Update of Iowa DOT CSVI Projects: I. Hangar 4 (Interior and Exterior Improvements) 2. Replacement of Terminal Carpet (First Floor Lobby, Baggage Claim and both Main and Rental Car / Baggage Claim entrances) Reviewed bid tabs for the above two Iowa DOT CSVI projects. Mr. Kaspari stated that there will only be enough funding to complete the base projects. Alternates 1 and 2 of each project will have to carry forward to a future project. D. Draft Memorandum of Understanding for Deferral of Lease Rent for A -Line ALO, LLC Board and Staff reviewed the Draft copy of an MOU. Mr. Kaspari reminded the Board that this was necessary due to the ongoing dispute with Kingfisher Aviation regarding the amount of space between the Kingfisher Corporate Hangar, and the new A -Line / POS Hangar. Mr. Kaspari agreed to cover half or 50-percent of the additional cost for the need of additional apron pavement, through the concept of lease rent deferral to construct the additional airside pavement necessary to move the hangar from the intended placement and provide extra access space between the hangars. This agreement will defer ground lease rent until May 1, 2024. Mr. Kaspari stated there will likely be a similar deferral for some of the costs incurred in construction of the Osprey hangar. Mr. Field asked for a motion recommending approval of the Memorandum of Understanding, but none was offered. Mr. Kaspari will send this item to City Council for approval, without a recommendation from the Airport Board. E. Request by Paul Wallace for Use of the Terminal Building for New Civil Air Patrol Squadron. Mr. Kaspari provided background on plans for a new Civil Air Patrol Squadron at ALO, and stated they would like to meet in the Teiminal Building Restaurant / Vending area. 5 Page 149 of 160 F. Update: Chapter 1 l Bankruptcy Filing by The Hertz Corporation. (Previously discussed). VIII. STAFF AND BOARD MEMBER COMMENT Board members exchanged thank yous and farewells to Hugh Field, who is at the end of his 2"d term, and Chuck Needham, who is resigning his Board appointment due to his upcoming retirement from John Deere and plans to move out of state. IX. ADJOURNMENT Hearing no objections, Mr. Field adjourned the meeting at 1:15 p.m. Respectfully submitted, .1410110 Arlene Humble. Chairperson Page 150 of 160 CITY OF WATERLOO Council Communication Complete Streets minutes of June 16, 2020. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type o minutes Backup Material SUBJECT: Complete Streets minutes of June 16, 2020. Submitted by: Submitted By: Page 151 of 160 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting June 16, 2020 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm June 16, 2020 by Vice -Chairperson Leseman. Due to the COVID-19 epidemic the meeting was held via the Zoom online meeting application. Roll Call: Members present electronically: Will Frost, Paul Huting, Mohammad Elahi, Ray Feuss, Brian Schoon, Pat Morrissey, Wayne Castle, Codie Leseman, Jessica Rucker, Kevin Blanshan, and Aric Schroeder. Members absent were: Janet Buls, Felecia Cass, Ray Feauss, Dan Trelka, Jeff Bales, Abraham Funchess, and Greg Young. Other people attending: John Dornoff — Planning Department and David Sturch — Met Transit. Schroeder will add Sturch to the emailing list. It was moved by Schoon, seconded by Schroeder to approve the minutes of the May 19, 2020 meeting. Motion carried unanimously. Designation of Walnut Street Bike Route as a Focus Project for 2020 • Leseman went over the project to create an on street connection from the US Highway 63 trail to Park Avenue. • The project will require approximately 20 signs and 24 stenciled sharrows. • Leseman displayed the NACTO (National Association of City Transportation Officials) signing guidelines. • There is currently sharrows on Park Avenue between Franklin Street and Walnut Street however they are in the parking area of the street so a parked car can block them from being seen. • Need to get the neighborhood associations on board to support the project. • Support the project as a stepping stone to creating a continuous trail from Allen Hospital to UNI using parts of US Highway 63 and University Avenue, which will require a future project adding a bike route on Leland Avenue and South Street to connect Park Avenue to the new University Avenue trail. It was moved by Morrissey, seconded by Elahi to designate the Walnut Street Bike Route project as a focus project for 2020. Motion carried unanimously. Pedestrian Master Plan/Met Transit Updates • Using AECOM's 2011 Safe Routes to School study as part of the Pedestrian Master Plan. • AECOM took a conservative approach to the plan. • Some sidewalks have been installed since the AECOM study was completed. • Hope to get the list of recommendations to 2 pages. • Transit changes have been delayed to July, 2021 due to the COVID-19 pandemic. Safe Routes to School • Citizen complained to Councilperson Klein about the lack of sidewalks to Lincoln school. Page 152 of 160 Complete Streets Advisory Committee June 16, 2020 • Problem site is the intersection of Parker Street/Longfellow Avenue/Cedar Bend Street and the angles the streets come together. • Some infill has been completed around Cunningham School. • The Safe Routes to School plan needs to be updated and is being worked on so the study does not sit on the shelf. • A complaint was also received about the lack of sidewalks on Hillcrest in front of Lou Henry Elementary/Hoover Middle School. • Concern about how to prioritize one school and/or sidewalks over another school. • Need to look at lowest hanging fruit to get started. • Need to find funding for more sidewalks. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning, Programming and Zoning Commission agenda. Other Project Updates • Huting asked about the enhancements along US Highway 63 to which Castle stated that Knutson is working with AECOM on the project. • Leseman discussed the MPO information meetings that will be held virtually on the following dates: o June 23rd from 4-5:30pm o June 25th from 12 — 1:30pm • Stanley sent in the draft statements on the Park Avenue and 11th Street bridge projects that moves the project to the phase that involves the Iowa Department of Transportation, Iowa Department of Natural Resources and others. They will be holding public meetings and gathering public input soon. Other Discussion Adjournment Leseman adjourned the meeting at 2:40p.m. Respectfully submitted, John Dornoff Planner I 2 Page 153 of 160 CITY OF WATERLOO Council Communication Historic Preservation minutes of June 16, 2020. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type u minutes Cover Memo SUBJECT: Historic Preservation minutes of June 16, 2020. Submitted by: Submitted By: Page 154 of 160 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — June 16, 2020— 4:30 P.M. Meeting was held by Gotomeeting online meeting application Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance electronically were: Terry Stevens, Ed Ottesen, Mathew Gilbert, Susan Price, Alice Rohret, and Nick Hedrick. Commission Member(s) absent were: none Others Present electornically: Pat Morrissey — City Council Liaison, John Dornoff — Planning Staff; Ed Gallagher — Grout Liaison; and Jessica Stakey applicant. Approval of Agenda Motion made by Hedrick, seconded by Price to approve the agenda of the June 16, 2020 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Rohret, seconded by Hedrick to approve the minutes of the May 19, 2020 meeting. Motion carried unanimously. Oral Presentations No Presentations Hearings 1. Request by Jessica Stakey for a Certificate of Appropriateness for a new retaining wall and fence located at 100 Highland Blvd. Dornoff read the staff report. Stakey showed pictures of the work she would like to do. Price asked for more details on the retaining wall to which Stakey explained what the wall would look like and it was to control soil erosion. Hedrick asked for additional information on the fence to which Stakey explained the type of fence that will be used and that it would be stained. Motion made by Hedrick, seconded by Rohret to approve a Certificate of Appropriateness. Motion carried unanimously. -1- Page 155 of 160 Building Consultation No consultations. Reports 1. Main Street Ottesen reported Main Street Design Review approved the signs from the new Best Western at the former Ramada Hotel. Two businesses requesting patios were approved. JSA is rehabilitating a property at Jefferson and West 5th Street. Businesses are starting to open up again. Main Street is looking for a one hundred $100 donations. Fridayloo should be back in July if not this month. 2. Silos and Smokestacks. No Report 3. Grout Museum The museum reopened for members on June 2nd and to the general public on June 9tn Existing Displays will stay longer due to the closure. The annual house tour has been cancelled. 4. Building Update The future of the Courier buildings are uncertain. Dornoff noted that the former Montgomery Wards building is a Georgian example that Wards built between 1931 and the start of WWII. There is very few examples left with one of the most prominent example being one in Dearborn, Michigan that was torn down in 2016. 5. Highland The neighborhood association met last week. National Night Out has been moved to October due to the COVID-19. New directories have been published and Hedrick will get one to Domoff for reference. 6. Walnut Rohret reported that the two Sears & Roebuck houses have been refurbished at 312 and 314 Clay streets. Discussion Items/Possible Action Items 1. Preservation Iowa Rohret stated that several meetings had issues but the meetings she could attend were interesting -2- Page 156 of 160 including how older buildings could reduce carbon footprint better than a new home. Dornoff stated that he attended multiple sessions including one discussing Iowa City that has 8 historic districts and 5 conservation districts. Conservation districts have to follow the historic design guidelines. They also send out letters on a yearly basis to homeowners. They have a budget for travel, letters, and to help with grants. Mt. Vernon has a budget of $6750. 2. Historic Storyboard Maps Dornoff went over the storyboard maps that is being developed that will include walking and other tours. 3. HPC Awards Banquet 2021 Hedrick is waiting to hear back from the Grout with a specific date for next year. 4. School Art Project Will work with the school district when school resumes. 5. Action Plan Dornoff noted some dates have been changed to next year but the commission could be contacting possible organizations to collaborate by phone. Other Discussion: Morrissey went over his presentation at the June Planning and Zoning Commission meeting. Commission needs to look outside the box for ideas. Maybe have a fundraising drive — Morrissey will discuss with city attorney. Morrissey and Ottesen asked Dornoff to set up a meeting with Noel Anderson to discuss the Dunsmore house. Adjournment Ottesen adjourned the meeting at 5:15p.m. Respectfully submitted, John Dornoff Planner I -3- Page 157 of 160 CITY OF WATERLOO Council Communication Board of Adjustment minutes of May 28, 2020. City Council Meeting: 8/3/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type o minutes Backup Material SUBJECT: Board of Adjustment minutes of May 28, 2020. Submitted by: Submitted By: Page 158 of 160 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MAY 28, 2020 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Brad Condon, John Chiles and Jeri Thornsberry. Board members absent were: John Beckman and April Leadley. Staff in attendance were: Aric Schroeder Seth Hyberger and Chris Western. Staff members present via Zoom: Noel Anderson. Chairperson Condon asked the Board to have a moment of silence in remembrance of those that have passed as a result of the COVID-19 Virus. I. Approval of the May 28, 2020 agenda. It was moved by Chiles and seconded by Thornsberry to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on April 28, 2020. It was moved by Thornsberry, seconded by Chiles to approve the minutes of the April 28, 2020 Meeting. Condon asked that the minutes be edited to remove the verbiage in the minutes stating that there was no opposition to the request by Jeff Palmer and Laura Winninger for a variance to the Accessory Structure Regulations. Motion carried unanimously. III. Decision Items 1. Request by Waterloo School District for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of 109.32 square feet of signage, 45.32 square feet more than the maximum of 64 square feet of total signage allowed and for the installation of a digital message sign in an "R-3" Multiple Residence District located at 1707 Williston Avenue. Hyberger gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the area. 2. The additional square footage of signage is needed for visitors to way find their way on the Lowell Elementary School Campus. Condon asked for clarification on the request. Hyberger further explained the request. Thornsberry asked how many signs are being installed. Hyberger stated that there are three (3) directional signs, two monument signs, and three (3) wall signs. The wall signs read Lowell Elementary, One of the wall signs reads Lowell Elementary, Elementary and Pre -School. One of the two monument signs will be a digital sign. Thornsberry asked which signs we are approving. Hyberger explained that the directional signs and 2 of the wall signs are not part of the variance request as they met the requirements and did not need a variance. Chiles asked if the Board was being asked to approve one sign. Hyberger explained that the Board if being asked to approve the digital message sign and to allow the site to have 45.32 square feet more than the 64 SF of total signage allowed in the "R-3" Multiple Residence District. Condon asked if the message sign is 109 SF. Hyberger explained that the total square feet being requested is 109.32 SF. Thornsberry asked to have all of the signs that are included in the 109 SF explained again. Hyberger listed the signs and there sizes to the Board stating that there are two monument signs with one digital display (3.5' X 12' and 12.2' X 5' with a digital display) with 47.32 SF of signage, and one wall sign (2' X 31') with 62 SF of signage. The total signage for the site is 109.32 SF, which is 45.32 SF more than the 64 SF of total signage allowed. Condon asked if all three signs were digital. Hyberger stated there will be just one digital sign. Hyberger went on to state that the staff report was updated after a second review of the signage being requested which resulted in the removal of the wall signs and the directional signs. Thornsberry asked Page 159 of 160 BOARD OF ADJUSTMENT May 28, 2020 Minutes for clarification on the digital sign. Chiles explained that the 3.5' X 12' monument sign is not digital but the 12.2' X 5' monument sign is. Hyberger stated that is correct. Dan Channer of ISG Architecture who represents the applicant addressed the Board stating that he was there to answer any questions. There were no questions for him It was moved by Thornsberry, seconded by Chiles to approve the request by Waterloo School District for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of 109.32 square feet of signage, 45.32 square feet more than the maximum of 64 square feet of total signage allowed and for the installation of a digital message sign in an "R-3"Multiple Family Residence District located at 1707 Williston Avenue. Motion carried unanimously. Request by Anthony Tucker for a variance to allow for a 6' privacy fence in the required front yard located at 302 E. 10t" Street. Western gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. The fence does not appear to cause any site visibility issues for motorists traveling west on Lafayette Street or south on 10th Street. 3. There is a signed petition in favor of the request by surrounding neighbors. 4. Staff has heard no objections to the request. Condon asked if the fence has already been built. Western stated that is correct. Chiles asked who discovered the illegal fence. Western stated that an inspector noticed it and informed staff. The applicant stated that he was unaware that he needed a permit but is now taking the necessary steps to keep the fence as is. Chiles asked for clarification on what is considered front yard. The applicant stated that because it is a corner lot his property has two front yards. Chiles asked if his property was not a corner lot would the fence be illegal. Western stated that it would not be illegal. It was moved by Chiles, seconded by Thornsberry to approve the request by Anthony Tucker for a variance to allow for a 6' privacy fence in the required front yard located at 302 E. loth Street. Motion carried unanimously. IV. Discussion Chiles asked for understanding as to why the sign request by the schools was so confusing. Western stated that the site plans that were submitted were not as clear as we would have liked and after staff requested more information, the numbers started to change therefore, changes to the staff report had to be made after the packet was mailed. Condon asked if we will continue to meet via Zoom. Western stated that we plan to continue using Zoom for at least another month. Condon stated that he prefers using Zoom. Thornsberry agreed stating she thought it was a very efficient way of running the meetings. Chiles agreed. Condon stated that it may not work as well with long agendas or for controversial requests. V. Adjournment It was moved by Chiles, seconded by Thornsberry to adjourn the meeting at 5:27p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator 2 Page 160 of 160