Loading...
HomeMy WebLinkAboutCouncil Packet - 10/12/2020Amended Council Agenda Item Council Meeting Monday, October 12, 2020 MENDED Motion approving Change Order No. 1, with Strand and Associates of Madison, WisconsinWRH, Inc. of Anamosa, Iowa, for a net increase of $8,510, in conjunction with the Waterloo Wastewater Treatment Plant Digester No. 3 Modifications Project, Contract No. 1021, and authorizing the Mayor to execute said document. Reason: Strand and Associates is the consulting engineer and WRH, Inc. is the contractor for the project. The change order needs to be with the contractor. THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 12, 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 164 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Boesen, At -Large Council Member Agenda, as proposed or amended. Minutes of October 5, 2020, Regular Session, as proposed. Proclamation declaring October 12, 2020 as Indigenous Peoples' Day. 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. Michael Henning, Orange Neighborhood Association, regarding Paradise Estates development. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Dan and Dawn Harvey, for tax exemptions on the construction of a new single family home valued at $169,000, for property located at 1239 Fulton Street, and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution setting date of public hearing as October 26, 2020 to approve a request by MercyOne Waterloo Medical Center for a Site Plan Amendment to the "S-1" Shopping District, for a new physical therapy and wellness center, located at 2206 Kimball Avenue, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving cancellation of assessment for property located at 1804 E. 4th Street, in the amount of $848.09, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 2 of 164 5. Resolution approving installation of one (1) 25 MPH speed hump in the 600 block of Lakeside Street. Submitted By: Sandie Greco, Traffic Operations Director 6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 29, 2020 and date of public hearing as November 2, 2020, in conjunction with the FY 2021 Leisure Services Chemical Building Apron Paving Project, Contract No. 1039, and instruct the City Clerk to publish said notice. Submitted By: Matt Schindel, Associate Engineer 7. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $131,293, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Jon Martin and Matt Chesmore -Rehabilitation Specialists Class/Meeting: 16 Hour Lead Inspector Refresher Destination: Online Dates: October 13-14, 2020 Amount not to exceed: $800 1. LIQUOR LICENSES a. Fareway Stores #951, 40 W. San Marnan Drive Class: B Wine / C Beer / E Liquor Renewal Application Does not include Sunday Expiration Date: 11/15/2021 b. Grill 924, 926 La Porte Rd. *Adding Liquor* Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 9/30/2021 2. APPOINTMENTS a. Tim Moses Board/Commission: Leisure Services Commission Expiration Date: March 1, 2023 New Appointment 3. Motion approving Change Order No. 1 with Schrader Excavating and Grading of Walford, Iowa, for a net increase of $70,000, in conjunction with to demolition services at 120 Center Street, Contract # D-2020-08-1P, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Page 3 of 164 4. Motion approving Change Order No. 1, with Strand and Associates of Madison, Wisconsin, for a net increase of $8,510, in conjunction with the Waterloo Wastewater Treatment Plant Digester No. 3 Modifications Project, Contract No. 1021, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 5. Motion approving Change Order No. 1 with Brock Even Construction of Jesup, Iowa, for a net increase of $33,065.34, in conjunction with the FY 2020 Sidewalk and Trail Repair Program, Contract No. 1009, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Cigarette/Tobacco Permit New Application for King Star, 2035 E. Michelle Avenue. 7. Cigarette/Tobacco Permit New Application for Kwik Stop 3, 1104 Washington Street. 8. Bonds. PUBLIC HEARINGS 2. FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids and refer to Leisure Services Director for further review. Submitted by: Travis Nichols, Facilities/Project Manager 3. Rental of one (1) and/or two (2) motor graders to support snow removal operations. 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 approving specifications, bid documents, form of contract, etc. and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding bid to Ziegler of Postville, Iowa, in the amount of $ 7,900 per grader, per month for a total of $31,600 for one (1) machine and/or $63,200 for two (2) machines, in conjunction with the rental one (1) and/or two (2) motor graders to support snow removal operations. Submitted By: Randy Bennett, Public Works Division Manager RESOLUTIONS 4. Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel -motel mini grant application for the 2020 National Championship Tractor Pull in the amount of $2,355. Submitted By: Tavis Hall, Executive Director of Waterloo Convention and Visitors Bureau Page 4 of 164 5. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed $16,291, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer 6. Resolution approving Addendum No. 5 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $2,500, in conjunction with the Westdale Subdivision Swale Project, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer ORDINANCES 7. An ordinance amending the City of Waterloo Code of Ordinances by amending Article D1, Parking of Recreational Vehicles, of Chapter 7, Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic, and inserting in lieu thereof a new subsection (2), leasing of parking for purpose of storing recreational vehicles. Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending Article D1, Parking of Recreational Vehicles, of Chapter 7, Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic, and inserting in lieu thereof a new subsection (2), leasing of parking for purpose of storing recreational vehicles. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Peterson, City Attorney 8. An ordinance amending the City of Waterloo Traffic Code by deleting Section 549, Loading Zones, in its entirety, and inserting in lieu thereof a new Section 549, Loading Zones or Grab-N-Go Zones. Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by deleting Section 549, Loading Zones, in its entirety, and inserting in lieu thereof a new Section 549, Loading Zones or Grab-N-Go Zones as follows: When signs are erected giving notice of "Loading Zone" or "Grab-N- Go", no person shall park any vehicle upon any of the streets or portions thereof as designated herein, except when actually engaged in the loading or unloading of passengers or merchandise. Parking in a Grab-N-Go Zone shall only be allowed for a maximum of 15 minutes. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle Page 5 of 164 City Clerk MEETINGS 3:45 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Housing Authority Board minutes of September 21, 2020. 2. Historic Preservation Commission minutes of July 21, 2020. 3. Board of Adjustment minutes of June 23, 2020. 4. Design Review Board minutes of April 2020. 5. Design Review Board minutes of June 2020. Page 6 of 164 CITY OF WATERLOO Council Communication Minutes of October 5, 2020, Regular Session, as proposed. City Council Meeting: 10/12/2020 Prepared: ATTACHMENTS: Description Type o Minutes of October 5, 2020 Backup Material Submitted by: Submitted By: Page 7 of 164 October 5, 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, October 5, 2020. Mayor Pro-Tem Juon in the Chair. Roll Call: Morrissey, Feuss, Grieder, Juon, Morrissey, Feuss, Grier joined the meeting by telephone. Boesen and Klein were present. Amos was absent. Prayer or Moment of Silence. Pledge of Allegiance: Sharon Juon, Mayor Pro-Tem/At-Large Council Member 159164 - Morrissey/Grieder that the Agenda, as proposed, for the Regular Session on Monday, October 5, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 159165 - Morrissey/Grieder that the Minutes, as proposed, for the Regular Session on Monday, September 28, 2020, at 5:30 p.m., and the Special Sessions of September 30, 2020 and October 2, 2020, be accepted and approved. Voice vote -Ayes: Six. Motion carried. Proclamation declaring October 6, 2020 as National Night Out. Proclamation declaring October 4-10, 2020 as Fire Prevention Week. ORAL PRESENTATIONS Mr. Morrissey commented that today starts early voting and encouraged everyone to get out and exercise his or her right to vote. Mr. Boesen commented that he attended a celebration of life for his former partner on ambulance 331, Steve Cochran. He spoke about the bond that develops between partners and about Steve's dedication as a fire fighter and said he is a better person today for having known Steve. Mrs. Klein commented that based on the email the council received today, she inquired if an amended development agreement will be coming to council. Noel Anderson, Community Planning and Development Director, confirmed. Mr. Grieder commented that he is looking forward to a work session on the Crossroads Center. Noel Anderson commented that he is working with the representative for the owner to set up a detailed plan to bring to council. Mrs. Juon commented that the first session of the community wide book read was a huge success. 159166 - Morrissey/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 159167 - Morrissey/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 October 5, 2020, in the amount of $1,096,565.83 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. 2020-747. Page 8 of 164 October 5, 2020 Page 2 2. Resolution approving request of Chad Wagner for a waiver for a concrete driveway located at 1345 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-748. 3. Resolution approving request of Elizabeth Kunkle for a waiver for a concrete driveway located at 322 Martin Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-749. 4. Resolution approving the request of Cecile Bedor for tax exemptions on the construction of a new 47-unit multi -family building valued at $7,169,175, for property located at 1009 S Hackett Road, and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2020-750. 5. Resolution approving the request of Nathan Walter for tax exemptions on the construction of a new single family home valued at $350,000, for property located at 122 Ogden Avenue, and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2020-751. 6. Resolution approving the request of Jason and Liza Arenholz for tax exemptions on the construction of a new single family home valued at $312,253, for property located at 1823 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-752. 7. Resolution approving the request of Andrew Richter for tax exemptions on the construction of a new single family home valued at $360,000, for property located at 1820 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-753. 8. Resolution approving the request of David and Donna Morrow for tax exemptions on the construction of a new single family home valued at $362,000, for property located at 5487 Washington Street, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-754. 9. Resolution approving the request of Amy Nading for tax exemptions on the construction of a new single duplex unit valued at $171,900, for property located at 832 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-755. 10. Resolution approving award of bid to Cahoy Pump Service, Inc., of Sumner, Iowa, in the amount of $238,515, approving the contract, bonds and certificate of insurance, in conjunction with the FY 2020 Final Clarifier No.3 Dewatering Wells Project, Contract No. 1032, and authorizing the Mayor and City Clerk to execute said document. 11. Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $398,757.05, approving the contract, bonds and certificate of insurance in conjunction with the FY 2021 Sidewalk Repair Assessment Program Zone 10, Contract No. 1018, and „thorizing the Mayor and City Clerk too „te said documerts b. Motion to approve the following: Page 9 of 164 October 5, 2020 Page 3 1. 2. a. a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rusty Zey, Randy Shepard, Troy Deeds, Chris Preston; Airport Ops/ARFF Personnel Annual Wildlife Training Waterloo Regional Airport TBD in October 2020 $500 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Aldi #33, 1918 Schukei Rd. B Wine / C Beer Renewal 11/3/2021 x Casey's 218 Pub, 4010-4018 University Ave. C Liquor w/Outdoor Service Renewal 9/30/2021 x Damon's Sports Bar & Grill, 2122 Kimball Ave. C Liquor Renewal 10/4/2021 x Karma Bar, 309 W. 4th St. C Liquor w/Outdoor Service Renewal 10/14/2021 x Petersen & Tietz Florists & Greenhouses, Inc., 2275 Independence Ave. B Native Wine Renewal 10/8/2021 x 3. Motion approving request of Central Property Holdings, LLC for an extension to repair sidewalks at 200 block of Franklin Street (PIN 8913 24 308 085) (CN 215) and 200 block of Walnut Street (PIN 8913 23 431 010) (CN 424). 4. Bonds. Roll call vote -Ayes: Six. Motion carried. 159168 - Morrissey/Feuss 1.A.10. Resolution approving award of bid to Cahoy Pump Service, Inc., of Sumner, Iowa, in the amount of $238,515, approving the contract, bonds and certificate of insurance, in conjunction with the FY 2020 Final Clarifier No.3 Dewatering Wells Project, Contract No. 1032, and authorizing the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Six. Motion carried Resolution adopted and upon approval by Mayor assigned No. 2020-756. Mr. Morrissey commented that the amount of taxpayer money used to fund this project and that in item 1.A.11, should be discussed by council through a regular resolution where the public can comment, therefore these should not be listed under consent resolutions. Kelley Felchle, City Clerk, commented that bid awards have been listed on the consent agenda since March of 2020, and that council and the public are always welcome to request these be removed for discussion if desired. She explained that these are listed under consent to help council get through routine items expeditiously and went on to describe the number of steps whereby council and the public have been made aware of and been given opportunity to raise questions. 159169 - Morrissey/Feuss 1.A.11. Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $398,757.05, approving the contract, bonds and certificate of insurance in conjunction with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and authorizing the Mayor and City Clerk to execute said documents. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-757. Page 10 of 164 October 5, 2020 Page 4 159170 - Morrissey/Feuss 1.B.2 Motion approving request of Central Property Holdings, LLC for an extension to repair sidewalks at 200 block of Franklin Street (PIN 8913-24-308-085) (CN 215) and 200 block of Walnut Street (PIN 8913-23-431-010) (CN 424). Roll call vote -Ayes: Six. Motion carried. Mr. Morrissey questioned if any of the sidewalks needing repair meet the criteria as previously discussed in the work session. Jamie Knutson, City Engineer, commented that he could not answer the question as the sidewalk around the property has a clean walk notice, which means that they need to clean the sidewalk in order to do a proper inspection. That would then allow for a proper evaluation. Mrs. Juon requested clarification of the motion. Jamie Knutson clarified the motion is for the extension of the repairs. Mrs. Juon clarified that the sidewalk has not yet been inspected, and the inspection would come after the clean-up. Jamie Knutson confirmed and added that he would receive a one-year extension to then repair the sidewalk. Mr. Boesen questioned how long the company has to clean the sidewalk. Jamie Knutson explained that per the guidelines, clean up should have been done by now to allow the contractors to have a better idea of the repairs needed. He further explained that this location is not getting requesting anything out of the ordinary they staff has not allowed others to do. Mr. Boesen questioned if this is outside the fence. Jamie Knutson commented it is outside the fence. Mr. Boesen clarified that the location has had since June to comply. Jamie Knutson confirmed. Sharon Juon questioned if passing the motion provides the property owner with additional time clean up. Jamie Knutson confirmed. Mr. Morrissey commented that he would like the Mayor or Mr. Knutson to give him the amount of squares or sections that are uneven or out of compliance because they have sunken. Jamie Knutson commented that the sidewalk inspection forms are kept on file with Engineering and the City Clerk's office as public record, and that he will forward the information on to all of council. PUBLIC HEARINGS 159171 - Morrissey/Feuss that proof of publication of notice of public hearing on Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2018B, in an amount not to exceed $250,000, as published in the Waterloo Courier on September 25, 2020, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159172 - Morrissey/Grieder Page 11 of 164 October 5, 2020 Page 5 that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 159173 - Morrissey/Grieder that "Resolution instituting proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2018B, of the City of Waterloo, Iowa", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-758. RESOLUTIONS 159174 - Klein/Grieder that "Resolution ordering the Waterloo Police Department to develop a new insignia, and rescinding Resolution No. 2020-624", be adopted. Roll call vote -Ayes: Six. Motion carried. Forest Dillavou, 1725 Huntington Road, commented that he was under the understanding that keeping the current insignia was also to be considered. Mrs. Juon commented that it was never stated that consideration would be given to keep the insignia, but it was written that a revision of the current griffin logo would be initially considered by the committee. Mr. Dillavou commented that he does not like the word "ordering" the police department what to do. He requested a copy of the amendment sent to his home. Mr. Morrissey commented that voting versus people on the committee. He suggested changing the language to read, very simply, that the Mayor shall establish a committee of individuals to determine how to change the police department insignia. Mrs. Klein questioned why the numbers are being changed and wanted an explanation of why they have been increased since it was stated that night that smaller committees are more effective. Mrs. Juon provided an overview of how she and the Mayor arrived at how the membership was determined 159175 - Morrissey/(No Second) To change the language in the first sentence in number one of the amendment to read, that the Mayor shall establish a committee of individuals to determine how to change the police department insignia. The motion died due to the lack of a second. 159176 - Boesen/Klein To change the language to read, not less than eight and not more than 12 voting members. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-759. 159177 - Klein /Grieder that "Resolution approving acceptance of a Staffing for Adequate Fire and Emergency Response (SAFER) Grant Award, in the amount of $1,010,772, to hire four (4) additional firefighters, and authorizing the Fire Chief to sign and accept grant", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Dillavou questioned how the city would fund the firefighters after the grant runs out. He explained that citizens have a right to know, as Waterloo is already the highest taxed city in the state of Iowa. Pat Treloar, Fire Chief, commented that the expectation is to drop the number of firefighters back down after the end of the three years. He explained that he is unable to comment with any level of confidence how the positions would be funded in 2023, but stated that EMS revenue has been Page 12 of 164 October 5, 2020 Page 6 increasing each year, which may be an option. He also noted there are 20 retirements between now and 2023 with six members eligible to go the year the grant expires. Mr. Grieder thanked everyone that worked on the grant. He stated that the grant would help keep Station 6 open, which many people in his ward believe is a priority. Resolution adopted and upon approval by Mayor assigned No. 2020-760. 159178 - Klein/Grieder that "Resolution approving the Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago Central and Pacific Railroad, in conjunction with the Burton Avenue Railroad Crossing Surface Repair Project, with the City's share being twenty -percent of the total project cost, which is to be determined, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-761. 159179 - Feuss/Grieder that "Resolution to consent and agree to the assignment and transfer of City Contracts with Ament Inc., to Willet Hoffman Inc., who has purchased Ament Inc., and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Sandie Greco, Traffic Superintendent, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-762. 159180 - Feuss/Grieder that "Resolution approving an Amendment to the Contract with Tyson Fresh Meats, Inc., of Waterloo, Iowa, and the Iowa Economic Development Authority, originally executed November 6, 2017, for High Quality Jobs Program -Tax Credit Component Incentives, to extend the project completion date, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Mr. Grieder commented that he supports high -paying wages, but there are concerns with Tyson on how they have handled the pandemic. He will support the item, but does not want his vote to be read as a justification for behavior but that the workers deserve to be paid a higher wage. Resolution adopted and upon approval by Mayor assigned No. 2020-763. ORDINANCES 159181 - Boesen/Morrissey that "an ordinance adopting the 2020 Traffic Code of the City of Waterloo, Iowa", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5575. 159182 - Morrissey/Feuss that "an ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays: 400 block of Janney Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Nays: Six. Motion failed. Sandie Greco, Traffic Superintendent, commented that she asked that the council vote this ordinance down as she has worked with the church and Ms. Wentz, and that item 10 will be a positive resolution for both parties. Page 13 of 164 October 5, 2020 Page 7 159183 - Feuss/Morrissey that "an ordinance amending the City of Waterloo Traffic Code by adding a new Section 553B, No Parking Here To Corner Wednesdays Both Sides 5:00 p.m. to 8:30 p.m., both sides of the 400 block of Janney Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 159184 - Feuss/Boesen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 159185 - Feuss/Morrissey that "an ordinance amending the City of Waterloo Traffic Code by adding a new Section 553B, No Parking Here To Corner Wednesdays Both Sides 5:00 p.m. to 8:30 p.m., both sides of the 400 block of Janney Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5576. ADJOURNMENT 159186 - Feuss/Klein that the Council adjourn at 6:38 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 14 of 164 CITY OF WATERLOO, IOlelA PROCLAMATION WHEREAS, the indigenous people of the lands that later became known as Black Hawk County and Waterloo have occupied these lands since time immemorial and Waterloo is built upon the homelands and communities of the indigenous people of this region including the Sioux, the Sauk and Meskwaki, the Wahpeton, and the Iowa without whom the building of this community would not be possible; and WHEREAS, we value the many contributions made to our community by indigenous peoples' through their knowledge, labor, technology, science, philosophy, art, and deep cultural contributions that have substantially shaped Waterloo; and WHEREAS, Waterloo resides within Black Hawk County named for Black Hawk a significant Sauk leader during the War of 1812 through the early 1800s; and WHEREAS, Indigenous Peoples' Day was first proposed in 1977 by a delegation of Native Nations to the United Nations sponsored International Conference on Discrimination against Indigenous Populations in the Americas; and WHEREAS, the city strongly supports the idea that Indigenous People's Day shall be an opportunity to celebrate the thriving values and cultures of Indigenous Peoples of the region; and VitHEI►EAS, the city encourages all residents to acknowledge the historic sacrifice of Indigenous Peoples, and to recognize their contributions to the emergence and development of the city of Waterloo, state of Iowa, nation of the United States of America, and the globally interconnected economy. NOW, THEREFORE, I, Mayor Quentin Hart, do herby proclaim this day, October 12, 2020 as INDIGENOUS PEOPLES' DAY In Waterloo, Iowa, and urge all citizens to celebrates this observance and to learn more about this history of our neighbors, friends, and family of Indigenous descent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this twelfth day of October 2020. ATTEST: t_o elley Felch Quentin Hart City Clerk Mayor i Page 15 of 164 CITY OF WATERLOO Council Communication 1. Michael Henning, Orange Neighborhood Association, regarding Paradise Estates development. City Council Meeting: 10/12/2020 Prepared: ATTACHMENTS: Description Type ❑ Paradise Update Request.PNG Backup Material Page 16 of 164 Paradise Estate Update Request • "When that came before the council in 2018 that council chamber was full of people objecting to it," Boesen said. "Those people have been in limbo for two years not knowingwhat's goingto happen in that area." • TimJaausan pp May 6, 2020 • Mayor Hart Suggestion at May 4, 2020 City Council meeting: "'�' "Schedule a Council Update from Hope's NEW Team on Project, Progress, Changes, since May 2018 and next steps - ' by Y' Plans" Request: How do we accomplish the Mayor's Suggested "UPDATE" for: 1. Orange Neighborhood Association? (Similar to rearuary 2018 (range School Open House) 2. Current Planning and Zoning Commission? (Several New Commissioners & Chairperson since 2018) Page 17 of 164 3. Waterloo City Council? (Several New Council Members since 2018) CITY OF WATERLOO Council Communication Resolution approving the request of Dan and Dawn Harvey, for tax exemptions on the construction of a new single family home valued at $169,000, for property located at 1239 Fulton Street, and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 10/12/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type D CURA 1239 Fulton Street Form Backup Material ❑ CURA 1239 Fulton Street Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of Dan and Dawn Harvey, for tax exemptions on the construction of a new single family home valued at $169,000, for property located at 1239 Fulton Street, and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). Alternative: None Background Information: N/A Legal Descriptions: Parcel "C" of Lot 54 & Vacated 50' Platted Ogden Avenue. Maywood Third Addition. Page 18 of 164 For Office Use Only Date Received: CJ Received by: Staff to make a copyroFawn dan CONSOLIDATED URBAN •REVITALIZATION AREA APPLICATION FOB. PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISCONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO: The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.). 3. This application must he filed with City prior to the working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa; Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: TELEPHONE: jIGNATURE: j DATE: D-e-) A. What is the Address of the property being improved? 0361 61 b'k (S+ t o, f !'1 SOW)/ at is �I3e�ii ion of re property? (M�.vail bleat Cow ecorder's Of o 2nd or of the Courthouse)? tit v B. Indicate desired exemption schedule: (1 or 2) 1. J{ One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 8&% b. Second Year 70% c. Third Year 60% d. Fourth Year------50% e. Fifth Year-- --40% f. Sixth Year -40% C. What was the nature of the improvement(s)? D. If this is not a sin fa ily dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes - No DO NOT Write Below this line — Office Use Only E. City of Waterloo Building and Inspections Department Information: Permit Number: ZV '43( 2.1 Date pe, F. What was the cost of the improvement? O. Estimated or actual date of completion of these improvements? it was issued` C1( (31 /c9$D Total permit(s) valuation#( Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application roust be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: DENIED BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY RESOLUTION NO: APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor g. Seventh Year-----30% h. Eighth Year 30% 1. Ninth Year20% j. Tenth Year 20% �f +8p Page 19 of 164 r 4 ` ` ��. 1- CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 26, 2020 to approve a request by MercyOne Waterloo Medical Center for a Site Plan Amendment to the "S-1" Shopping District, for a new physical therapy and wellness center, located at 2206 Kimball Avenue, and instruct City Clerk to publish said notice. City Council Meeting: 10/12/2020 Prepared: 10/7/2020 ATTACHMENTS: Description Type D Council Letter Attachments Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution setting date of public hearing as October 26, 2020 to approve a request by MercyOne Waterloo Medical Center for a Site Plan Amendment to the "S-1" Shopping District, for a new physical therapy and wellness center, located at 2206 Kimball Avenue, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval MercyOne is requesting to establish a new physical therapy and wellness center in space that was previously used for retail. The new improvements will be in the interior of the building and no new additions are proposed. The parking requirements for this use are one parking space for each 200 square feet for patron use, and it when it was retail, it was one parking space for each 250 square feet. Due to the slight increase for parking, the Planning and Zoning Commission reviewed this request at their October 6, 2020 meeting and recommended approval it with the condition that the final site plan meets all applicable city codes, including but no limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Details about parking, peak hours and the new remodel are in the attached file. None N/A Economic Development and Land Use. The mall was built in 1962 and expansions occurred in 1963, 1966 and 1990. The newest development is Cabin Coffee built in 2010 located north of the mall. Unplatted Waterloo West, beginning at a point that is 33 feet North and 33 feet west from the Southeast corner of Section 34. Township 89, Range 13 West of the 5th Principal Meridian, being the intersection of the West line of Page 21 of 164 Legal Descriptions: Kimball Avenue and the North line of Ridgeway Avenue; thence North along the West line of Kimball Avenue approximately 496.31 feet to a point which is 100 feet South of the Southeast corner of Parcel II aforesaid; thence West perpendicular to Kimball Avenue 300 feet to a point on the East line of Bellaire Road which is 105. 81 feet South of the Southwest Corner of Parcel II aforesaid; thence South along the East line of Bellaire Road approximately 496.31 feet to the North line of Ridgeway Avenue; thence East along the North line of Ridgeway Avenue approximately 300 feet to the place of beginning. Page 22 of 164 October 6, 2020 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: Request by MercyOne Waterloo Medical Center for a site plan amendment to the "S-1" Shopping Center District for a physical therapy/wellness center, located at 2206 Kimball Avenue. MercyOne Waterloo Medical Center, Matt Humpal, 3421 West 9th Street, Waterloo, IA 50702. The proposed physical therapy/wellness center is 13,956 square feet and would occupy existing space that was previously used for retail uses. The request would not appear to negatively impact the surrounding neighborhood or land use, which consists or commercial and lower density residential uses. The new center would appear to be compatible with the nearby commercial uses. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The property is located on the northwest corner of Kimball and Ridgeway Avenues and both of those streets are classified as Minor Arterials. Bellaire Drive abuts the west side of the property and is classified as a Local Street. Kimball Avenue southward and its intersection with Ridgeway Avenue underwent a complete reconstruction in 2015 which added turn lanes and improved the efficiency of traffic signals and the project reduced travel time between Ridgeway Avenue and San Marnan Drive by 50 percent. Sidewalks are located on the south side of West Ridgeway Avenue and on both sides east of Kimball Avenue. Kimball Avenue has sidewalk on the east side north of Ridgeway and an 8' trail on the west side south of Ridgeway and the trail was added with the reconstruction project. A recreation trail is on the west side of Kimball Avenue, south of Ridgeway Avenue. The property is zoned "S-1" Shopping Center District and has been zoned as such since the adoption of the Zoning Ordinance in February of 1969. Surrounding land uses and their zoning designations are as follows: North — Cabin Coffee, zoned "S-1" Shopping Center District. South — Walgreens, zoned "S-1" Shopping Center District. East — Former Ridgeway Place Assisted Living Center and MercyOne Family Practice Center, zoned "R-3" Multiple Residence District. West — Village Inn Restaurant and lower density residential uses, zoned "R-1,C-Z" Conditional Zoning District. 10_6_20 SPA 2206 Kimball Ave - 13956 SF PT -Wellness Cntr Mercy One.docx of 3 PagePn of 164 October 6, 2020 DEVELOPMENT HISTORY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The area started to develop when the former Schoitz Hospital at the northeast corner of the intersection was completed in 1949. The mall was first built in 1962, with expansions occurring in 1963, 1966 and 1990 and similar retail uses exist at both southerly corners, which include a strip mall and Walgreens, built in 2003. The newest development was Cabin Coffee at 2040 Kimball Avenue, built in 2010. There is no buffering or screening required as a part of this request. The new use is going into an existing space and no storm water drainage plans are needed. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. West High School is approximately'/4 of a mile to the east on the north side of East Ridgeway Avenue. The area is served by all needed utilities, both public and private for the new center. The Future Land Use Map designates this area as Commercial, and the proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The "S-1" Shopping Center District is intended to provide for the development of shopping centers, which a shopping center can mean a planned retail and service area often under single ownership management or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, parking accommodations, drainage, etc. There is already a cross easement agreement in place on the entire property and the parking is non-exclusive and available for all uses of the mall. A physical therapy/wellness center, which is being considered a medical use, is a permitted use in this zoning district. The new center is relocating from its current location at 211 East Ridgeway Avenue, just west of West High School. The new physical therapy/wellness center will have a total square footage of 13,956 square feet and 13,160 square feet is for patient and patron uses. Parking requirements for medical uses is one parking space for each 200 square feet of floor area, excluding areas for mechanical, warehousing or storage. The total number of parking stalls needed for the new use is 66 and the number of 10_6_20 SPA 2206 Kimball Ave - 13956 SF PT -Wellness Cntr Mercy One.docx of 3 Page N of 164 October 6, 2020 STAFF ANALYSIS — SUBDIVISION ORDINANCE: parking stalls currently on the site is 230 and 255 are needed for all the uses in the mall, which also include retail and food. Due to the deficiency in parking, staff made a decision to have this request go through a site plan amendment process, which allows other bulk requirements of the Ordinance be varied by City Council after recommendation by the Planning and Zoning Commission. The applicant has provided information stating that 56 to 57 parking stalls are needed from 5 a.m. to 1 p.m., 22 stalls from 1 p.m. to 5 p.m. and 35 stalls from 5 p.m. to 9 p.m. The highest peak time is in the morning starting at 5 a.m., however, the earliest another business (Flowerama) opens is 7 a.m. and there are two hours during the highest peak time of the new use when Flowerama opens. The bar and grill opens the latest 11 a.m. and closes at 2 a.m. Due to the different peak times of other businesses, there should not be a negative impact upon parking in the area. This was also taken into account when Cabin Coffee was approved in 2010, with their peak times being mornings and other uses having peak times later in the day. No platting is needed for this request. STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment to the "S-1" Shopping Center District for a 13,956 square foot physical therapy/wellness center, located at 2206 Kimball Avenue, be approved for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is primarily comprised of commercial uses and some residential uses to the north and west. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area as many transportation improvements were done when Kimball Avenue was reconstructed. 4. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Commercial. Subject to the following condition: 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. 10_6_20 SPA 2206 Kimball Ave - 13956 SF PT -Wellness Cntr Mercy One.docx of 3 Page of 164 City of Waterloo Planning, Programming and Zoning Commission October 6, 2020 CAMPBELL AVE" CAMPBELL AVE R-2 MARTIN RD 2NBRA PAULINE ° R-41 DIXON D R`4r` OU ATER DR "le, Im I ,Uo R=3 IOME 1 Fj �R4 C`--2'� R-4 R"3 PLUM@�` ARDOST 0 1--< 1BERTCH 9°-P R-1 C-Z w m 0, Z FORESTAVE KIiVG � �`PBLVD J G� CAMPBELL AVE a 0 HAWTHORNE AVE BYRON AVE w WILLISTON AVE R-25C-Z z R-1 C1i R-P BYRON AVE R717R=2TC-ZmR33 RP a ti n ik,RIC AVE 0 Na' h a w w 449,-,? a YR=3—R=2, W N�� ' /CAROLIVA AVE o CAROLINA AVE •R N w C_Z HOLM ST O I ❑W. MITCHELLAVE E. MI CHELL AVE co PZ z 1- m 'ELLEN K JULIE CT O BOURLAND AVE"w0 BOURLAND AVE BOURLAND AVE co mN C'! N N Q OQ< O.p NO,p R-2,C-Z FCORNWALL AVE n N y PeL- h TERRACE DR x LORRAINE AVE R-2 S IRE RD 0 �N CT)RSWRE RD R-1 o EASTON AVE ro.. 7- `IVANHOE RD 00 Mi > MORGAN RD 06(1'0 h0 Z m LOCKE AVE / m IX MIDL OTHIAN BLVD > / ACADIA ST o ST N I- x O ❑ w R-3 i inLORETTA AVE 0) v0~i O W w " LIFESTYLE LN * u O p Oo R-1 o WISNER DR a 00 1- j f NATION EASLEY J Os x C-Z DR HILLTOP RD RACHAEL ST 0) 0 w o J 0) } m Z 1Q w o Z N R-3,R-P EXCELSIOR LN WILSHIRE AVE HILLTOP RD RPICHAEL OLYMPIC W. SAN MARNAN DR C-P OWER PA EUREKA ST CO x 1- 5 w x FOREST AVE BYRON AVE N cc w O O N = LIBERTY AVE 1- PATTON AVE c-1i c-Z C-Zi 3 BOURLAND AVE CORNWALL AVE LORRAINE AVE EASTON AVE LOCKE AVE a LORETTA AVE 0 WISNER DR 1,0. RIDGE 'A VE E. RIDGEWAY AVE > y,P`e� BUR gqN BURB NK R-4 S-1 R-41 AV 44 I- 0 ¢ co I_SC) 0 ' ¢ T�wOr9V �JCO �� �O LEONA AVE 1 - P "2`P y OR DR w K I� J Y -_1 ._ O p�0 y� II Q U On- W FDGFi •VE" -3 Q ic �AF4,k, [�p� e? P� -S1 ci J _ U Z W PARK L AVE � U COOP 0 R-3 1 G . L �~-' CRT =� SARATOGA DR \ gP� COLUMBUS DR —"R-4, o ^1Z HAINES AVE z /'+ NI' _Z w w R/I- BARRYINGTON 0 DR E R a-3 y Z C-1, R-2 = C-Z -1, -2 C-Z C-Z z R =4 pNT G 0) R-4 •UTHBROOK z C-1 CT1,C-Z Y �RNANACCESS J T R-3 SAN MARNAN DR C-2 E. TOWER PARK cT, DR 0) 0 FR. BRUNKEN BLVD" LINDNER DR �RLR1� R-P g U LL DR r R-2 WILDWOOC = RT3- PAIGE 0 SOIYA DR A-1 E. SAN MARNAN DR M-1 2206 Kimball Avenue Site Plan Amendment Mercy One Page 26 of 164 City of Waterloo Planning, Programming and Zoning Commission October 6, 2020 NATIONAL DR de tkr OM i se W. RIDGEWAY AVE W. RIDGEWAYAVE 2206 Kimball Avenue 2206 Kimball Avenue Site Plan Amendment Mercy One Page 27 of 164 BIM 360://20041_MercyOne_WLOO_Kimball_Tenant_Infill/20041_MercyOne_WLOO_Kimball_Tenant_Infill_R20_New.rvt 8/28/2020 9:45:53 AM SHEET RESPONSIBILITY:INITIAL!! MOUNT HOOKS TO COLUMNS W/ STEEL PLATES - COORDINATE LOCATIONS & DETAIL WITH OWNER NORTH N 11 1ST FLOOR PLAN 1/8" = 1'-0" 22'-01/2" 28'-9" 50'-1" W8 - 11 7/8" W2 28'-01/2" WMMMMMMA REST RO a M jr2' - 7' 0 W3 6'-35/8" 04:111j 11/4 EST ROOiVI 112 d oord. UP 1:12 33' - 8 1/•" 7 v 0 w J 0 LOCKER e„E 33'-81/2" IT.JLUuuh1 .®I MEN S W1 0 I I 10- IM L_ IT 120 10'-93/8" • 0 ELECTRICAL 119 i • i N N 00 ) N co GENERAL EXISTING FLOOR PLAN NOTES: 1. /// HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. 2. ALL WALLS WITH SOUND BATT ATTENUATION BLANKETS ARE TO HAVE ACOUSTICAL SEALANT AT TOP AND BOTTOM. SEE WALL TYPES FOR ADDITIONAL REQUIREMENTS. 3. FACE OF NEW WALLS TO ALIGN WITH FACE OF EXISTING ADJACENT WALL, UNO. 4. WALL INFILL AT EXISTING WALLS SHALL BE SIZED TO MATCH EXISTING WALLS FACE OF NEW FINISH TO BE FLUSH WITH EXISTING FINISHED FACE ON EACH SIDE OF WALL . 5. SEE EXTERIOR AND INTERIOR ELEVATIONS FOR FURTHER CLARIFICATION OF MATERIALS / LOCATIONS / FINISHED. 6. PROVIDE FIRE TREATED BLOCKING IN WALLS AS REQUIRED FOR ALL WALL MOUNTED CASEWORK AND OTHER ACCESSORIES. 7. ALL FLOOR MATERIAL CHANGES SHALL OCCUR AT CENTER OF DOOR LEAF. 8. SEE REFLECTED CEILING PLANS FOR LOCATIONS OF FULL HEIGHT WALLS. 9. — DASHED LINE IDENTIFIES REMOVAL OF EXISTING SEALANT JOINT, CLEAN ADJOINING SUBSTRATES AND REPLACE BACKER ROD AND SEALANT. GENERAL FLOOR PLAN NOTES: 1. REFER TO ADDITIONAL NOTES AND REQUIREMENTS ON ALL OTHER DOCUMENTS, OTHER DISCIPLINES AND SPECIFICATIONS. 2. ALL SITE INFO, FIXTURES AND EQUIPMENT SHOWN ON THIS SHEET IS PROVIDED FOR COORDINATION PURPOSES ONLY. THE LAYOUT IS CONSIDERED CONCEPTUAL. REFER TO CIVIL, MECHANICAL, ELECTRICAL, PLUMBING, FIRE SPRINKLER, LIFE -SAFETY, ETC. DOCUMENTS FOR SPECIFIC DESIGN INFORMATION. 3. ALL CONDUITS, PIPES, SPRINKLER MAINS SHOULD BE HELD AS TIGHT AS POSSIBLE TO THE ROOF OR FLOOR DECK ABOVE. NOTHING SHALL BE BELOW THE BOTTOM EDGE OF THE STRUCTURE UNLESS PRIOR APPROVAL IS GRANTED BY THE ARCHITECT OR OWNER. ABSOLUTELY NO OBSTRUCTIONS SHALL PREVENT A FINISHED CEILING HEIGHT NOTED ON THE DRAWINGS IN THOSE AREAS RECEIVING CEILING TREATMENT. PLACEMENT COORDINATION BETWEEN TRADES IS REQUIRED. 4. CAULK & SEAL ALL CONTROL -EXPANSION, SAWCUT JOINTS AT ALL INTERIOR & EXTERIOR MASONRY & CONCRETE. BASEMENT 1/8" = 1'-0" INVISION PLANNING 501 Sycamore Suite Waterloo, 319.233.8419 319.233.9772 www.invisionarch.com CONSULTANT: STRUCTURAL I ARCHITECTURE 101 IA I INTERIORS Street 50703 Fax ENGINEER BISHOP CONSULTING GENERAL CONTRACTOR PETERS CONSTRUCTION REVISIONS: Description Date No, ADD 1 05.29.2020 1 Final Coord. Items 08.28.2020 3 OWNER SIGN -OFF: DATE NAME O w Q 3 w o PROJECT 20041 DATE: 08/28/2020 SHEET SET: CONSTRUCTION DOCUMENTS SHEET NAME: BASEMENT FLOOR SHEET: A1.11 06 0 Q LJJ = _1 < U NO: PLANS C) w z & FIRST Q) 0 O > Oh Q Lo = Q 0 - E °o Ni Page 28 of 164 Copyrlcht © 20"9 w z w } w Q Z W in .411,11P .� 1;iz;71.1611013 0 / 7 / / / /-i ,� / / / / / ///// //// // L_L_LJ 1 J_L_LJ__L_LJ / / / LJ_1-J \\ - S.\ \ \ \ \ \ \ \ \ \ \ \ \ _\ \ \ \ \ \ \ \ \ \ \ \ \ \ \O\L\ \ \ \ \ \ \ \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ V / / / / / / / / - / / / / / / / / / / / / / / / / '/ / / / / / / / /N / / / / / / / / / / z � _ O —$11g1111111 11111111W01:401. 25 50 100 BELLAIRE ROAD 2-LANE 46. EXIST! G SHOPPING CENTER GROSS ' LOOR AREA = 53,666 SF ▪ NET' TAILey�6 SF / / / / / / / / / / ///////-//////1 / / / / / / / / / / /. / / / / / / / / / / / /I / / / / / /0////////////1 L_LJ _/ 1 1 L LJ 1_1_L1—LJ_1—L 1_LJ 1—LLB r\ X\ \ \ \ \ \ \ \ 1110. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \�\ \ \ \ \ \ \ \ \I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ v / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ,/ // // / / / / / • KIMBALL AVENUE 4-LANE 35' SETBACK MENU U BOARD,// L- I IRU LANDSQAPID AREA 220'SETBp$K0 mom- 21 All F— z w LL1 zU O ce ▪ a w LuO w w U Uce Z N Q �O � U SITE ANALYSIS w Z J J W o O a_ O < w w a) o < o J z Q 0 — OU_ E o > v 0- CA 03 Z0 'z — I U a) F 2 E U O CD ZZ`/,^ Z 0 I C .5 Lf') Cr) 319.233.8419 319.233.9772 Fax www.invisionarch.com Page 29 of 164 MercyOne 2206 Kimball Looking from the north side of the complex toward the proposed MercyOne site. The proposed MercyOne location Page 30 of 164 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): MercyOne Waterloo Medical Center, Matt Humpal Address: 3421 West Ninth Street Phone: 319-272-7841 Fax: City: Waterloo State: IA Zip: 50702 Email: matthew.humpal@mercyhealth.com b. Status of applicant: (a) Owner (b) Other 4 (CHECK ONE): If other explain: tenant c. Property owner's name if different than above (please print): Hurst Holding Co Inc. Address:245 Fletcher Ave. Phone:319-415-4355 Fax: City: Waterloo State: IA Zip: 50701 Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 2130-2204 Kimball Avenue, waterloo, IA 50702 b. Legal description of property or portion to be amended: Tenant space in change from a retail use to a medical use. c. Dimensions of proposed site plan amendment: approx. 12 0 ' x 12 3 ' d. Area of proposed site plan amendment:13, 956 sf tenant space in 46,026 sf existing strip mall e. Current zoning: s -1 f. Reason(s) for site plan amendment and proposed use(s) of property: Tenant space in change from a retail use to a medical use. g. Conditions (if any) agreed to (does not affect existing conditions unless specified): 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 site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. 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. A/(6/1,09-21-2020 Signature of Applicant Date Signature of Owner Pageeof 164 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for property located at 1804 E. 4th Street, in the amount of $848.09, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 10/12/2020 Prepared: SUBJECT: Resolution approving cancellation of assessment for property located at 1804 E. 4th Street, in the amount of $848.09, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Summary Statement: Property is city owned. Page 32 of 164 CITY OF WATERLOO Council Communication Resolution approving installation of one (1) 25 MPH speed hump in the 600 block of Lakeside Street. City Council Meeting: 10/12/2020 Prepared: 10/6/2020 ATTACHMENTS: Description D map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Backup Material Resolution approving installation of one (1) 25 MPH speed hump in the 600 block of Lakeside Street. Submitted By: Sandie Greco, Traffic Operations Director Approve Resolution Requests from the neighborhood asking for a speed study to be conducted in the 600 block of Lakeside Street. As a result of the speed study, the recommendation is to install a 25 MPH speed hump. The 85% speed was 32 MPH which meets the guidelines of the City's Speed Hump Policy . Fire and Engineering have approved the location. $600.00 Road Use Tax Funds Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. The Traffic Operations Staff conducted the study with the recommendation to install the speed hump for safety reasons. Page 33 of 164 LOCATION OF SPEED HUMP IN THE 600 BLOCK OF LAKESIDE STREET. Page 34 of 164 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 29, 2020 and date of public hearing as November 2, 2020, in conjunction with the FY 2021 Leisure Services Chemical Building Apron Paving Project, Contract No. 1039, and instruct the City Clerk to publish said notice. City Council Meeting: 10/12/2020 Prepared: 10/7/2020 SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Resolution approving preliminary plans, specifications, form of contract,. etc., setting date of bid opening as October 29, 2020 and date of public hearing as November 2, 2020. in conjunction with the FY 2021 Leisure Services Chemical Building Apron Paving Project. Contract No. 1039. and instruct the City Clerk to publish said notice. Submitted By: Matt Schindel, Associate Engineer TBD Leisure Services funds Page 35 of 164 CITY OF WATERLOO Council Communication Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $131,293, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/12/2020 Prepared: 10/5/2020 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $131,293, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Matt Schindel, Associate Engineer Source of Funds: Leisure Services funds Page 36 of 164 FY21 Hope Martin Park, Contract No. 1028 Bid Tab: September 10, 2020 Bidder Bid Security Total Bid Amount Cardinal Construction Waterloo, IA 5% $139,000 Lodge Construction Inc Clarksville, IA 5% $131,293 Woodruff Construction Inc Waterloo, IA 5% $163,683 Page 37 of 164 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Schrader Excavating and Grading of Walford, Iowa, for a net increase of $70,000, in conjunction with to demolition services at 120 Center Street, Contract # D-2020-08-1P, and authorizing the Mayor to execute said document. City Council Meeting: 10/12/2020 Prepared: 10/6/2020 ATTACHMENTS: Description ❑ Change Order #1 ❑ E-mail to Prospective Bidders ❑ Bid Tab Demolition of 120 Center Street Contract for Demolition of 120 Center St Contract # D-2020-08-1 P SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Backup Material Backup Material Backup Material Backup Material Motion approving Change Order No. 1 with Schrader Excavating and Grading of Walford, Iowa, for a net increase of $70,000, in conjunction with to demolition services at 120 Center Street, Contract # D-2020-08-1P, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval The original contract was approved on September 8, 2020 and was for 129,900.00. On 8/31/20, prior to the deadline for submittal of bids, the Planning Department sent out an e-mail to prospective bidders that provided additional detail on how a potentially hazardous material would have to be handled as part of the demolition project. That e-mail was not sent to Schrader Excavating & Grading. Schrader has indicated that they were planning to dispose of the material in question at a rubble fill site, but based on the additional information will have to take the material to the landfill at a significant increased cost, and are requesting the change order of $70,000 to cover the additional unanticipated expense. This would bring the contract total to $199,900. The project only received two bids, of which the other bid was $262,542. So the revised total contract amount after the change order would still be $62,642 less than the other bid. $70,000 Nuisance bonds Redevelopment Rebid the entire project, which would cause a significant delay in the project, and is not anticipated to produce a lower bid. Page 38 of 164 Job tt: 300 HWY 151 PO Box 270 Walford, IA 52351 Phone: (319) 845-3061 Fax: (319) 845-3066 CHANGE ORDER REQUEST COR ft: 1 Start Date: Owner : City of Waterloo Current Contract Amount: Amount of this change in scope: Amount of contract after change: Completion Date: Job Name: 120 Center St Demo Job Location: Waterloo, IA $129,900.00 $ 70,000.00 $ 199,900.00 DESCRIPTION Lump sum amount for the handling and disposal of potentially hazardous material identified as a "white solid" - Schrader Excavating was never provided the email sent to other prospective bidders providing additional insight of the "white solid" and how it should be dealt with and disposed of. MATERIALS LABOR QTY ITEM PRICE AMOUNT DATE H RS NAME TRADE RATE AMOUNT TOTAL EQUIPMENT QTY DESCRIPTION PRICE AMOUNT TOTAL TOTAL SUMMARY LABOR TOTAL: MATERIALS TOTAL: EQUIPMENT TOTAL: TOTAL: Lump Sum $ 70,000.00 $ Schrader Excavating Rep: / 9/30/2020 Owner Rep Approval: Date: Page 39 of 164 From: CHRIS WESTERN To: "Sean Smith"; "Daniel Taylor(dantaylor@amienvironmental.com)"; "Alex Weber"; "Randy Kennedy (rkdemolition(algmail.com)"; "Reynard, Deneen"; "Independence Demolition, a division of Independence Excavating, Inc."; "gngdemolition@yahoo.com"; "mike@iowademolition.com"; "cfirgard@q.com"; Al Sievers (al(@epsiowa.com); Cheri Firgard; Cory Dungey; "Frickson Brothers"; Hazards removal; j.snodgrass@bentonsandandgravel.com; Jenn Eden; pthompson@metro-demo.com; Roaer Gibson; Stephen Coppler; Tony Vieth; Trish Rose; Kelly Demo; "tbeard@activethermal.net"; Cheri Firgard; "wholeexcavation@gmail.com"; lehmante@hotmail.com; jddiager@gmail.com; chrichmo@yahoo.com; NOEL ANDERSON; donnied@independencedemolition.com Cc: Prideaux, Stephen; NOEL ANDERSON Subject: FW: 120 Center Street Date: Monday, August 31, 2020 9:24:00 AM All, See message below from John Foster, Solid Waste/Resource Recovery Administrator regarding the white ash at 120 Center Street. From: John Foster <jfoster@co.black-hawk.ia.us> Sent: Friday, August 28, 2020 3:03 PM To: CHRIS WESTERN <CHRIS.WESTERN@WATERLOO-IA.ORG> Subject: Re: 120 Center Street Chris, I suspect the material to be calcium carbide. Samples 13-15 look good for land filling. Sample 16 is on the edge of having to high of pH. Whom ever is managing it will need to make sure it is not above 12.5 (RCRA HAZ) and take precautions for reuse or even burial (dermal contact or inhalation). If being land filled, I will require a misc. waste disposal request to be submitted. We think it would be ok to land apply under the 2 ton/acre exemption, keeping in mind this exemption still has rules to follow in 121.6. Theresa Stiner is the DNR's Land App person if you have questions going that route. theresa.stiner@ dnr.iowa.gov As for incorporating into compost, the receiving facility needs to be a DNR permitted facility, not a permit by rule. In other words, the City's yard waste composting facility could not accept this waste. the closest site for that is Cedar Rapids or Iowa City. Hope this helps. John John A. Foster Solid Waste/Resource Recovery Administrator Black Hawk County Solid Waste Management Commission Office: 319-234-8115 jfoster@co.black-hawk.ia.us 229 E. Park Ave P.O. Box 208 Waterloo, IA 50704 Page 40 of 164 www.wastetrac.org From: CHRIS WESTERN<CHRIS.WESTERNPWATERLOO-IA.ORG> Sent: Wednesday, August 26, 2020 1:42 PM To: John Foster Subject: 120 Center Street Good afternoon John, I have another question regarding 120 Center Street. Not sure if I asked you this before but there is a large amount of white ash left over from the production of acetylene that was dumped into the basement of the building. This building was used by the former Cleveland Welding Company for many years in fact I remember going there with my Dad as a kid. The ash was tested by HR Green around the perimeter of the building and came back Neutral PH Solid, recommended for non- hazardous stabilization landfill. (see attached). The question I'm getting from demolition contractors is "Can you confirm the ash material beneath the foundation does not need to be hauled to the landfill? This material can be hauled to the yard waste disposal yard in Waterloo"? Meaning can the material be hauled to a contractor storage yard? Would you please advise to what my response should be. Thanks. Christopher W. Western Planner II/Brownfield Coordinator Office: 319-291-4366 Email: chris.western@waterloo-ia.org Page 41 of 164 Demolition and Site Clearance Services 120 Center St Bid Tab: September 3, 2020 Bidder Bid Security Total Bid Amount Lehman Trucking & Excavating Inc IA d f� I/ �L )- S 9Waterloo, Schrader Excavating & Grading Walford, IA - U(0 1 )- (11 / Cj ° 0 Page 42 of 164 CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract # D-2020-08-1P [No -Regulated Asbestos Containing Materials (RACM)] 120 Center Street This Contract for Demolition and Site Clearance Services (No-RACM) (the "Contract") is entered into as of September 8, 2020 by and between the City of Waterloo, Iowa ("City") and Schrader Excavating & Grading Walford, IA,(Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of 14 days after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor will be paid a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty (30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Response (Proposal) d. Specifications for Demolition and Site Clearance e. Signature Page f. Building Demolition Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. Page 43 of 164 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $129,900.00 as submitted in the contractors RFP response. 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. City agrees to indemnify Contractor from and against any and all claims, demands, causes of action, damages, costs and liabilities of any type or nature, including reasonable attorney's fees, arising from or in connection with damage to the Adjacent Building that results from an uncontrolled collapse of the Structure during Contractor's demolition activities. 6. Notwithstanding the foregoing, Contractor agrees to use all reasonable methods in the circumstances to mitigate the risk of an uncontrolled collapse of the Structure that would cause damage to the Adjacent Building and to undertake all activities of demolition with due care. Except to the limited extent modified by this addendum, all terms and conditions of the Demo Contract shall remain unmodified and in full force and effect. 6.1 Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 6. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this 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 hereunder and may take any one or more of the following steps, at its option: 2 Page 44 of 164 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. 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 hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This 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 this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 8. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws 3 Page 45 of 164 of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Adam Roeder Schrader Excavating & Grading Walford, IA Attest: Kelly Felchle, City Clerk 4 Page 46 of 164 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1, with Strand and Associates of Madison, Wisconsin, for a net increase of $8,510, in conjunction with the Waterloo Wastewater Treatment Plant Digester No. 3 Modifications Project, Contract No. 1021, and authorizing the Mayor to execute said document. City Council Meeting: 10/12/2020 Prepared: 10/6/2020 ATTACHMENTS: Description ❑ Memo to Mayor and Council ❑ Change Order No. 1 SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Type Cover Memo Backup Material Motion approving Change Order No. 1, with Strand and Associates of Madison, Wisconsin, for a net increase of $8,510, in conjunction with the Waterloo Wastewater Treatment Plant Digester No. 3 Modifications Project, Contract No. 1021, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve Change Order No. 1 for Digester No. 3 Cover Modifications project $ 8,510 Sewer Funds -Insurance Claim Page 47 of 164 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 • Phone (319) 291-4553 • Fax (319) 291-4523 Memo to Waterloo Mayor and Council RE: Change Order No.1 Digester #3 Background Discussion: This change order covers numerous items such as: la. Changing Contract Milestones -No Cost 1b. Modifying Draft Tube Mixer Base -No Cost lc. Cleaning rubble from Digester Lid Removal -Cooperative effort City/Contractor-No Cost ld. Adjusting cost for work related to Cash Allowance No. 1 in Contract Documents-$13,681.00 Insurance Covered le. Reuse of existing Safety Handrail with modifications-Deduct-$5,171.00 The total value of this Change Order is $8,510.00 and this value is covered under the Insurance Claim. Recommended Action: It is recommended approval of Change Order No.1 in the Amount of $8,510.00 as there will be no actual cost to the City as this falls under the Insurance Claim. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 48 of 164 heAl STRAND ASSOCIATES October 1, 2020 CHANGE ORDER NO. 1 PROJECT: OWNER: CONTRACT: CONTRACTOR: Strand Associates, Inc. :laraisan. (P) 1:108-2:1,1 - FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications City of Waterloo, Iowa 1021 WRH, Inc. Description of Change la Change the Contract Milestones in accordance with the (DEDUCT) enclosed Change Authorization Request (CAR) 01 dated September 1, 2020. lb Contractor shall extend the existing Draft Tube Mixer (DEDUCT) Bases in lieu of demolishing, patch the floor, and relocate 3.25 degrees with all modifications to be recorded on As -Built Drawings in accordance with the enclosed CAR 02 dated September 3, 2020. lc Contractor shall clean all rubble associated with the (DEDUCT) initial removal of the Digester Lid and hoist with Contractor equipment in to Owner's dump truck for disposal at Owner's dump site in accordance with the attached CAR 02 dated September 3, 2020. Contractor will provide labor and equipment to collect and Toad rubble into Contractor's clean -bucket rig and hoist rubble out of the tank and into Owner's dump truck. Owner will provide labor and equipment to haul rubble loaded by Contractor to Owner's disposal location in Owner -operated dump truck. ld Adjust cost for work related to Cash Allowance No. 1 in ADD accordance with the enclosed CAR 04 dated September 16, 2020. In accordance with General Specification Section B.7 related to increased or decreased quantities, Contractor is eligible for an adjustment in unit cost as the actual quantity of repairs for Cash Allowance No. 1 varied by greater than 20 percent of the estimated quantity. le Contractor shall reuse the existing handrail in sound (DEDUCT) condition in lieu of providing all new handrail. New handrail and appurtenances shall be provided as described in the enclosed CAR 05 dated September 30, 2020. TOTAL VALUE OF THIS CHANGE ORDER: SRIi sjI\louand.comkprojecee1MM14400-44991446310081Construction\Change Orders\Change_Order No l docx ADD ($0.00) ($0.00) ($0.00) $13,681.00 ($5,171.00) $8,510.00 www.strand.coi Page 49 of 164 Strand Associates, Inc City of Waterloo, lowa—WRH, Inc. Contract 1021, Change Order No. Page 2 October 1, 2020 Contract Price Adjustment Original Contract Price Previous Change Order Adjustments Adjustment in Contract Price this Change Order Current Contract Price including this Change Order Contract Substantial Completion Date Adjustment Original Contract Substantial Completion Date Contract Substantial Completion Date Adjustments due to previous Change Orders Contract Substantial Completion Date Adjustments due to this Change Order Current Substantial Contract Completion Date including all Change Orders Contract Final Completion Date Adjustment Original Contract Final Completion Date Contract Final Completion Date Adjustments due to previous Change Orders Contract Final Completion Date Adjustments due to this Change Order Current Final Contract Completion Date including all Change Orders $867,500.00 $0.00 $8,510.00 $876,010.00 October 14. 2020 0 Days 21 Days November 4, 2020 November 13, 2020 0 Days 21 Days December 4, 2020 This document shall become a supplement to the Contract and all provisions will apply hereto. RECOMMENDED 10,'! /20 Z o CO)lLTANT—Strand Associates, Inc.® Date APPROVED le/1 ONTRACTOR—WRH, Inc. Date APPROVED OWNER —City of Waterloo, Iowa SKH sjISAMAU41406»149949463t0061Construrlinn1Chnnge OrderslChange_order_No-1.docx Date www.stran(t.com Page 50 of 164 Change Authorization Request (CAR) Project: City of Waterloo FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications CAR No. 01 DATE September 1, 2020 WRH Job No. 1350 Reference: Contract No. 1021 RFQ # Location WWTP A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Field Condition ( ) Owner Request ( X ) Suggested by Contractor ( ) Other 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) No -Cost Change Order to extend the Contract Completion Date resulting from an early issuance of the Notice To Proceed, dated 6/16/20, to allow pick-up of the Draft Tube Mixers for repairs. Section NB-1 indicates that work is to commence within (10) working days after reciept of the NTP and be substantially completed within (120) calendar days after the NTP date. WRH requests a schedule extension of twenty (21) calendar days to accommodate the planned NTP of 7/7/20 with a 7/20/20 work start date. 2) It is requested that the completion date be; (X ) extended / ( ) reduced by 21 calendar days 3) Bases of Payment: a) ( ) Firm price for performing this change along with attached supporting details is ( ) increased / (X ) decreased by b) ( ) Time and Material per Contract. c) ( ) Change to be performed per unit prices in Contract $0.00 $0.00 $0.00 d) ( X ) The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. FOR OWNER'S CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: Approximate Estimate is: $0.00 ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: Project Manager WRH, Inc. Approved by Date: 9/1 /2020 Date: Owner Page 51 of 164 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS. JR. Ward -I RAY FEUSS Ward 5 SHARON JUON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 • Phone (319) 291-4553 • Fax (319) 291-4523 Brian Bowman, Treatment Operations Supervisor June 16, 2020 The City of Waterloo acknowledges receipt of the fully executed documents for the F.Y.2020 Wastewater Treatment Plant Digester No.3 Cover Modifications Project, City Contract No. 1021. In Accordance with the contract documents, you are notified that the Contract Time under the contract will commence to run on June 16, 2020. As of this date, you are to start performing your obligations under the Contract Documents. We look forward to working with you on this important project Brian Bowman/Treatment Operations Supervisor City of Waterloo Waste Management Services 3505 Easton Ave Waterloo, IA 50703 Brian Bowman WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 52 of 164 Change Authorization Request (CAR) Project: City of Waterloo FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications CAR No. 02 DATE September 3, 2020 WRH Job No. 1350 Reference: Contract No. 1021 RFQ # RFI #4 Response Location Draft Tube Mixer Base Fdns A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Field Condition ( ) Owner Request ( X ) Suggested by Contractor ( ) Other 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) WRH proposes a zero -cost change to extend the existing Draft Tube Mixer Base foundations in lieu of demolition and relocation. As discribed in RFI #4, WRH will collect and remove rubble resulting from the Digester Lid removal and place into a City provided and operated dump truck, to be disposed of by the City. 2) It is requested that the completion date be; (X ) extended / ( ) reduced by 0 calendar days 3) Bases of Payment: a) ( ) Firm price for performing this change along with attached supporting details is ( ) increased / (X ) decreased by b) ( ) Time and Material per Contract. c) ( ) Change to be performed per unit prices in Contract $0.00 $0.00 $0.00 d) ( X ) The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. FOR OWNER'S CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: Approximate Estimate is: $0.00 ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: Project Manager WRH, Inc. Approved by Date: 9/3/2020 Date: Owner Page 53 of 164 N077 WRH, Inc. PO Box 256 Amana, Iowa 52203 Phone: (319) 622-3816 Fax: (319) 622-6095 RFI #4 Project: 1350 - Waterloo No. 3 Digester Rehab 3505 Easton Ave Waterloo, Iowa 50702 Draft Tube Mixer Bases TO: DATE INITIATED: LOCATION: PROJECT STAGE: SUB JOB: COST IMPACT: DRAWING NUMBER: Sheet 8, Sheet, 10, Detail C / Sheet 12 LINKED DRAWINGS: Evan Hunsanger (Strand Associates, Inc.) 09/02/2020 Digester No. 3 Tank FROM: STATUS: DUE DATE: COST CODE: SCHEDULE IMPACT: SPEC SECTION: REFERENCE: Todd Weiss (WRH, Inc.) PO Box 256 Amana, Iowa 52203 Closed on 09/03/20 09/05/2020 03 30 00 - Cast -in -Place Concrete RECEIVED FROM: Dallas Chandler (WRH, Inc.) COPIES TO: Dallas Chandler (WRH, Inc.), Rob Fortune (Strand Associates, Inc.), Sam Hocevar (Strand Associates, Inc.), Evan Hunsanger (Strand Associates, Inc.), Steve Prahl (Strand Associates, Inc.) Question from Todd Weiss (WRH, Inc.) at 03:54 PM on 09/02/2020 WRH proposes to extend the existing Draft Tube Mixer Bases in lieu of demolish, patch the floor, and relocate 3.25 degrees with all modifications to be recorded on As -Built drawings. This modification will eliminate installation of the new mixer bases on a new concrete patch and reduce time associated with base reorientation. In exchange for the above, WRH will clean all rubble associated with the initial removal of the Digester Lid and hoist with WRH equipment in to a City Dump Truck for disposal at the City's dump site. WRH to provide labor and equipment to: • collect and load rubble into WRH clean -bucket rig and hoist rubble out of the tank, place into City truck City to provide labor and equipment to: • provide City operated dump trucks • haul rubble loaded by WRH to City's disposal location. The above work will be completed with no cost adjustments to the project per 9/1/20 Progress Meeting discussion. Please confirm that this is acceptable and advise if a formal zero -cost change order is necessary to further document the change. Official Response: Evan Hunsanger (Strand Associates, Inc.) responded on Thursday, September 3rd, 2020 at 10:46AM CDT This change will be acceptable. A zero -cost change order will be prepared to document the change. Attachments: All Replies: Response from Evan Hunsanger (Strand Associates, Inc.) at 10:46 AM on 09/03/2020 This change will be acceptable. A zero -cost change order will be prepared to document the change. Attachments: WRH, Inc. Page 1 of 2 Printed On: 09/03/2020 11 :23 AM Page 54 of 164 Change Authorization Request (CAR) Project: City of Waterloo FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications CAR No. 04 DATE September 16, 2020 WRH Job No. 1350 Reference: Contract No. 1021 RFQ # Gen'I Spec B.7 Location Digester Tank Rim A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( X ) Field Condition ( ) Owner Request ( ) Suggested by Contractor ( ) Other 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) As noted in General Specification Section B.7 for "Increased or Decreased Quantities", WRH respectfully requests adjustment to the Cash Allowance Item Number 1 for unit repairs at the top of the Digester No. 3 tank wall; an estimated quanity of 60 CF. The calculated volume for all tank rim repair work was 21.7 CF, including 5.9 CF cast monolithicly with the elevated slab per RFI #2 response. * Due to the nature of the work and method of repair, WRH requests adjustment for only the 15.8 CF repaired by Vector construction. ** This would be considered a Change Order to the project with no additional payments from Bid Allowance 01 as shown on the WRH's Application for Payment with a Balance to Finish of $14,877.50 2) It is requested that the completion date be; (X ) extended / ( ) reduced by 0 calendar days 3) Bases of Payment: a) ( ) Firm price for performing this change along with attached supporting details is ( X) increased / ( ) decreased by $13,681.00 b) ( ) Time and Material per Contract. $0.00 c) ( ) Change to be performed per unit prices in Contract $0.00 d) ( X ) The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is: $0.00 FOR OWNER'S ( ) CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: ( ) Firm Price ( ) Estimate of Price ( ) Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: Project Manager WRH, Inc. Approved by Date: 9/16/2020 Date: Owner Page 55 of 164 City of Waterloo FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modificat C.A.R. Calculation C.A.R. # As noted in General Specification Section B.7 for "Increased or Decreased Quantities", WRH respectfully requests adjustment to the Cash Allowance Item Number 1 for unit repairs at the top of the Digester No. 3 tank wall; an estimated quanity of 60 CF. The calculated volume for all tank rim repair work was 21.7 CF, including 5.9 CF cast monolithicly with the elevated slab per RFI #2 response. * Due to the nature of the work and method of repair, WRH requests adjustment for only the 15.8 CF repaired by Vector construction. ** This would be considered a Change Order to the project with no additional payments from Bid Allowance 01 as shown on the WRH's Application for Payment with a Balance to Finish of $14,877.50 Qty Unit Unit Rate Line Total Subcontractors 9/16/2020 04 Fee/Credit Vector Construction Vector Construction Labor -15.8 CF 15.8 CF $0.00 $745.45 $0.00 $11,778.05 $0.00 $0.00 $0.00 $1,766.71 $0.00 $0.00 SUBTOTAL $11,778.05 $1, 766.71 Superintendent - ST Foreman - ST Laborer - ST Operator - ST Materials: mhr mhr mhr mhr $95.00 $85.00 $70.00 $85.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 SUBTOTAL Equipment: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Superintendent Truck 30-Ton Crane day $95.00 hr $125.00 SUBTOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 C.A.R. SUBTOTAL Contractor's Fee (Sub -contracts) Contractor's Fee (Self -performed) Sales Tax on Material 15.00% 15.00% 0.00% Contractor's Fee (CREDIT) Insurance $11,778.05 $1,766.71 $0.00 $0.00 5.00% $1, 766.71 (TOTAL) (TOTAL) (TOTAL) $0.00 SUBTOTAL 1.00% $13,544.76 $135.45 Total Proposed Change: $13,681.00 Page 56 of 164 The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. I C-E.S D 0- D C- A El Q A ITI S. he ri•ht s es-rv-d it o t i p-iri g the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Eth-r part to the contract may re•uest such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. GENERAL SPECIFICATIONS Section GS-3 4463.008/City Contract No. 1021 Page 57 of 164 VECTOR "The Concrete Restoration Specialists" 250 4151 Ave. Drive SW Cedar Rapids, IA 52404 Phone (319 364-5355 Fax (319) 356-5316 SUBCONTRACT CHANGE ORDER Project: Waterloo WWTP Rehabilitatoin C.O. #: 1 Subcontractor: Vector Construction Subcontract #: 1352005s Date of Subcontract: 7/1/2020 Date of Change Order: 9/15/2020 To: WRH Attn: Todd Weiss The under mentioned modification in connection with the work being executed under the above -noted subcontract will increase or decrease your subcontract amount by the amount shown below, all subject to the terms and conditions of the above -noted subcontract. If this change order is satisfactory, please sign both copies of this change order. Return one the copies to us as soon as possible and attach the other copy to your copy of the subcontract. Description of work: Vector is requesting a revision to the payout terms of the above -mentioned subcontract. Under the General Specifications for Construction, Sectoin B.7, on page GS-3, under INCREASED OR DECREASED QUANTITIES, it states that any variations of more than 20% would warrant a price adjustment. Repaired quantities estimated were significantly less than originally estimated and more than the specified 20% variation noted in this section (15.8 CF / 60 CF) As such, Vector Construction is asking for payment in reflection of the time and material used to complete this work with the significantly reduced scope. Please see attached time and material breakdown of charges related to this project. PLEASE SIGN AND RETURN ONE COPY Total Invoice Request $ 11,778.05 VECTOR CONSTRUCTION INC. Signed: Kyle Kuenstling Page 58 of 164 T&M Change Order Mobilization $1,250.00 Equipment Room & Board Material .......... Subtotal 10% Mark-up 10% Overhead Project Total $1,650.00 $0.00 $649.42 $11,318.17 $229.94 $229.94 $11,778.05 LABOR Date FOREMAN REPAIR TECHNICIAN Superintendent/Safety Manager Straight Overtime Travel Straight Overtime Travel Straight Overtime Travel 8/31- 9/4 40 6.25 40 16.5 7-Sep-20 6 Hours 0 0 0 40 6.25 0 46 16.5 0 Rate $65.00 $90.00 $60.00 $55.00 $75.00 $55.00 $75.00 $100.00 $75.00 $0.00 $0.00 $0.00 $2,200.00 $468.75 $0.00 $3,450.00 $1,650.00 $0.00 EQUIPMENT Date Days Used 8/31- 9/4 5 7-Sep-20 0.5 Days 5.5 Rate $300.00 Total $1,650.00 ROOM & BOARD Date Days 0 Total Rate 0 $100.00 Total $0.00 MATERIAL EXPENSES T Forming Material Concrete Bonding Agent Shipping $290.00 $175.42 $184.00 Unit Total $290.00 $175.42 $184.00 Page 59 of 164 Change Authorization Request (CAR) Project: City of Waterloo FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications CAR No. 05 DATE September 30, 2020 WRH Job No. 1350 Reference: RFQ # Const. Progress Mtg #2 Location Digester Tank Rim Contract No. 1021 A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Field Condition ( ) Owner Request ( X ) Suggested by Contractor ( ) Other 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Reuse existing handrail to the extent possible to maintain aestetics and reduce project cost; replace as follows: (120 LF) Rolled handrail section (top rail) (ref. 102 / D-1) (30 ea) post connectors for mid rail and top rail (ref. 102 / D-1) (-100, as packaged) Tek-screws / hardware for connections at posts (ref. 102 / D-1) (-300, as packaged) pop -rivets (ref. 102 / D-1) (20 LF) straight tube (posts) (ref. 103 / D-1) (10 ea) cast bases with attachment hardware (ref. 120 / D-1) (150 ea) base anchors for the entire project (ref. 120 / D-1) (20 ea) expansion joint splice sleeve for top rail (ref. 165 / D-1) 2) It is requested that the completion date be; (X ) extended / ( ) reduced by 0 calendar days 3) Bases of Payment: a) ( ) Firm price for performing this change along with attached supporting details is ( ) increased / (X ) decreased by -$5,171.00 b) ( ) Time and Material per Contract. $0.00 c) ( ) Change to be performed per unit prices in Contract $0.00 d) ( X ) The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is: $0.00 FOR OWNER'S ( ) CHANGE WILL NOT BE MADE ( ) ( ) ( ) PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: Project Manager WRH, Inc. Approved by Date: 9/30/2020 Date: Owner Page 60 of 164 City of Waterloo FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modificat 9/30/2020 C.A.R. Calculation C.A.R. # 05 Reuse existing handrail to the extent possible to maintain aestetics and reduce project cost; replace as follows: (120 LF) Rolled handrail section (top rail) (ref. 102 / D-1) (30 ea) post connectors for mid rail and top rail (ref. 102 / D-1) (-100, as packaged) Tek-screws / hardware for connections at posts (ref. 102 / D-1) (-300, as packaged) pop -rivets (ref. 102 / D-1) (20 LF) straight tube (posts) (ref. 103 / D-1) (10 ea) cast bases with attachment hardware (ref. 120 / D-1) (150 ea) base anchors for the entire project (ref. 120 / D-1) (20 ea) expansion joint splice sleeve for top rail (ref. 165 / D-1) Qty Unit Unit Rate Subcontractors Line Total Fee/Credit Riveted Handrail System Original Detailing Loose Parts Labor LS LS LS $7,800.00 $400.00 $2,270.00 ($7,800.00) $400.00 $2,270.00 ($390.00) $60.00 $340.50 SUBTOTAL ($5,130.00) $10.50 Superintendent - ST Foreman - ST Operator - ST Materials: mhr mhr mhr mhr $95.00 $85.00 $70.00 $85.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 SUBTOTAL Equipment: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Superintendent Truck 30-Ton Crane day $95.00 hr $125.00 SUBTOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 C.A.R. SUBTOTAL Contractor's Fee (Sub -contracts) Contractor's Fee (Self -performed) Sales Tax on Material 15.00% 15.00% 0.00% Contractor's Fee (CREDIT) Insurance ($5,130.00) $10.50 $0.00 $0.00 5.00% $10.50 (TOTAL) (TOTAL) (TOTAL) $10.50 SUBTOTAL ($5,119.50) 1.00% ($51.20) Total Proposed Change: ($5,171.00) Page 61 of 164 Golden Railings, Inc. 520 Burbank Street, Unit A Broomfield, CO 80020 PHONE: 303-279-5807 EMAIL: SALES@GOLDRAIL.COM FAX: 303-279-6214 OFFICE HOURS: 7:OOAM - 4:OOPM MON - THURS. 7:OOAM-10:OOAM FRI. Change Order Request G.R.I. # 13834 C.O. # 1 Date: 9/28/2020 To: WRH, Inc. Attn: Todd Weiss Subject: Request for change order: PO # 13502002 WWTP Digester No. 3 — Waterloo, IA Please adjust the above referenced purchase order to reflect the following changes: Original Contract - 2-Rail System - Rivet Assembled - Job specific Iowa PE stamped calculations G.R.I. Change Order # 1 - Delete system less detailing services - Delete job specific Iowa PE stamped calculations - Add 1-1/2" Sch. 40 Cruved Pipe [5 @ 24'-0"] - Add 1-1/2" Sch. 40 T-Fittings [Part # 10 or Part # 10C] - Add Tek Screws - Add 1/8" S.S. Rivets - Add 1-1/2" Pipe [1 @ 24'-0"] - Add 4" x 6" Cast Base Mounts - Add 1/2" x 4-5/8" T304 Epoxy Anchors - Add 1-1/2" Sch. 40 Splice Sleeve - Add freight 204 If @ $ 35.29 avg. per ft = $ 7,200.00 1 lot @ $ 600.00 per lot = $ 600.00 Original Total $ 7,800.00 -204 If @ $ 33.33 avg. per ft = $ (6,800.00) 1 lot @ $ (600.00) per lot = $ (600.00) 120 If @ $ 6.00 per If = $ 720.00 30 ea @ $ 5.00 ea = $ 150.00 100 ea @ $ 0.25 ea = $ 25.00 300 ea @ $ 0.10 ea = $ 30.00 24 If @ $ 5.00 per If = $ 120.00 10 ea @ $ 17.00 ea = $ 170.00 150 ea @ $ 2.50 ea = $ 375.00 20 ea @ $ 4.00 ea = $ 80.00 1 lot @ $ 600.00 per lot = $ 600.00 Signature Thank you, Golden Railings, Inc. Sales Team Total Change Order # 1 $ (5,130.00) New Total $ 2,670.00 Date Page 62 of 164 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Brock Even Construction of Jesup, Iowa, for a net increase of $33,065.34, in conjunction with the FY 2020 Sidewalk and Trail Repair Program, Contract No. 1009, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/12/2020 Prepared: 9/23/2020 ATTACHMENTS: Description D Change Order #1 SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Background Information: Type Backup Material Motion approving Change Order No. 1 with Brock Even Construction of Jesup, Iowa, for a net increase of $33,065.34, in conjunction with the FY 2020 Sidewalk and Trail Repair Program, Contract No. 1009, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Approve change order $33,065.34 GO Bonds Adding six locations that were not in the original plans. 1) Ramp reconstruction at the northwest corner of Walnut-Iowa-3rd Street in front of the Walnut Court apartments. Added based on resident complaints. 2) Ramp reconstruction at the southwest corner of Sycamore-3rd Street in front of the Post Office. Added based on Engineer's review of area and compared to condition of sidewalk in front of Post Office that we required the Post Office to repair. 3) Replacement of sidewalk section for alley approach next to 444 Park Road 4) Trail replacement at Gates Park along Mildred Avenue. 5) Trail replacement along West Shaulis Road west of Hoff Road. Added based on resident complaints. 6) Trail replacement along West Shaulis Road west of Hoff Road. Added based on engineer review. Page 63 of 164 CITY OF WATERLOO, IOWA CHANGE ORDER No. 1 PROJECT: F.Y. 2020 SIDEWALK AND TRAIL REPAIR PROGRAM — ZONE 10 CONTRACT NO. 1009 Date Prepared: October8,2020 AMOUNT: $33,065.34 INCREASE TO: BROCK EVEN CONSTRUCTION, LLC , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated May 4, 2020. A. Description of change to be made or extra work to be done: Increase repair quantities for items in Division 2 — ADA Ramp Repairs, and Division 3 — Alley, Sidewalk, and Trail Repairs. B. Reason for ordering change or extra work: During construction, repairs not originally programmed were found to be needed at the following locations: • Ramp repairs at the northwest corner of Walnut Street -Iowa Street -East 3rd Street — Walnut Street Apartments corner • Ramp repairs at the southwest corner of Sycamore Street and East 3rd Street — Post Office corner • Alley sidewalk section repairs on Park Road between 302 Broadway Street and 301 Columbia Street • Trail repairs on the Greenhill Road Trail behind 120 Letsch Road • Trail repairs on the West Shaulis Road Trail between Hoff Road and Clover Lane • Trail repairs on the Upper Gates Park Trail long Mildred Avenue. C. Settlement for cost of work to be made as follows: Change Order No. 1 Contract No. 1009 Paget 64ifcl 164 BY: Division 2 - ADA Ramp Repairs Bid Item Item Description Unit Qty. Incr. Bid Price Item Price 1 Remove Sidewalk SF 990.4 $ 3.30 $ 3,268.32 3 Sidewalk, PCC, 6" SF 384.6 $ 7.10 $ 2,730.66 4 Sidewalk, PCC, 4", Class A SF 614.6 $ 6.80 $ 4,179.28 6 Detectable Warning Surface SF 52 $ 50.00 $ 2,600.00 8 Remove Curb & Gutter LF 61 $ 4.00 $ 244.00 10 Curb & Gutter, 24", 9" LF 34.8 $ 49.00 $ 1,705.20 13 Curb & Gutter, 24", 13.5" LF 26.2 $ 58.00 $ 1,519.60 14 Excavation, Class 10 SF 127 $ 7.40 $ 939.80 15 Hydroseeding SF 231.1 $ 0.80 $ 184.88 $ 17, 371.74 Division 3 - Alley, Sidewalk, and Trail Repairs Bid Item Item Description Unit Qty. Incr. Bid Price Item Price 1 Remove Sidewalk SF 1509.0 $ 3.30 $ 4,979.70 4 Sidewalk, PCC, 6" SF 1509.0 $ 7.10 $ 10,713.90 $ 15, 693.60 Mayor ATTEST: Total Increase $ 33,065.34 BROCK EVAN CONSTRUCTION, LLC Date CONTRACTOR City Clerk BY: TITLE: Date Date APPROVED: City Engineer Date Change Order No. 1 Contract No. 1009 Feet e5tol 164 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for King Star, 2035 E. Michelle Avenue. City Council Meeting: 10/12/2020 Prepared: SUBJECT: Cigarette/Tobacco Permit New Application for King Star, 2035 E. Michelle Avenue. Page 66 of 164 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Kwik Stop 3, 1104 Washington Street. City Council Meeting: 10/12/2020 Prepared: SUBJECT: Cigarette/Tobacco Permit New Application for Kwik Stop 3, 1104 Washington Street. Page 67 of 164 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 10/12/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 10.12.2020 Backup Material SUBJECT: Bonds. Page 68 of 164 RIGHT OF WAY CONSTRUCTION BOND KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Wayne Eckhoff of 1329 Rainbow Dr No 65250283 Applicant's Telephone Number: _1319) 464-6686 Waterloo, TA 50701 Street City State as Principal, and WESTERN SURETY COMPANY of P.O. Box 5077, Sioux Falls, SD 57117-5077 as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Wayne Eckhoff of Waterloo, Iowa will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. October 8th The effective date of this Bond is May<t, _ 2020 Witness our hands this 8th day of PLEASE MAIL TO: City of Waterloo, Iowa Engineering Department 715 Mulberry Street Waterloo, IA 50703 , through April 30, 2021 October 2020 64-4--7/x/e__ d/4 /4( PRINCIPAL / / Printed Name' 0�µ� � K.L�a� WES N SURETY COMPANY SURETY By: Attorney -in -fact / Paul T. Bruflat, Vice President Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. Page 69 of 164 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Honda, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota , its regularly elected Vice President as Aftorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One Right of Way Construction City of waterloo bond with bond number 65250283 for Wayne Eckhoff as Principal in the penalty amount not to exceed: $ 15,000.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Vice President with the corporate seal affixed this 8th day of October 2020 ATTEST L. Nelson, Assistant Secretary STATE OF SOUTH DAKOTA } COUNTY OF MINNEHAHA SS By WESTER'N/SURETYr,COMPANY On this 8th day of October 2020 Paul T. Bruflat and Paul Ti(Bruflat, Vice President , before me, a Notary Public, personally appeared L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. ���ibhh�iaidi�aab5h4hhW�isa�iqvb } s J. MOHR NOTARY PUBLIC �� SOUTH DAKOTA SF13 - tyyywyyyyeawa�,55545�,ti�,y�, f My Commission Expires June 23, 2021 Notary Public To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Form F1975-1-2016 Page 70 of 164 CITY OF WATERLOO Council Communication FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038. City Council Meeting: 10/12/2020 Prepared: 10/5/2020 ATTACHMENTS: Description Type ❑ RFP Tennis Center Resurfacing Backup Material ❑ Addendum #1 Backup Material ❑ Addendum #2 Backup Material ❑ Bid Tab Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids and refer to Leisure Services Director for further review. Submitted by: Submitted by: Travis Nichols, Facilities/Project Manager Recommended Action: Summary Statement: This project consists of crack repair and color resurfacing of 16 tennis courts at Byrnes Tennis Center. Expenditure Required: $75,000 Estimate Source of Funds: G.O. Bond Funds Policy Issue: This project supports City of Waterloo Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Alternative: N/A Page 71 of 164 PROJECT MANUAL FOR: FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 City of Waterloo, Department of Leisure Services Waterloo, Iowa CONTRACT DOCUMENTS Byrnes. Park Tenn6s-Center CONTACT PERSON: Travis Nichols, Facilities/Project Manager Waterloo Leisure Services (319) 291-4370 Travis.nichols(a�waterloo-ia.orq Page 72 of 164 TABLE OF CONTENTS 1. NOTICE OF PUBLIC HEARING 2. NOTICE TO BIDDERS 3. INSTRUCTIONS TO BIDDERS 4. GENERAL CONDITIONS 5. BID SPECIFICATIONS 6. FORM OF BID OR PROPOSAL 7. FORM OF BID BOND 8. NON -COLLUSION AFFIDAVITS 9. EQUAL OPPORTUNITY CLAUSE 10. STATEMENT OF BIDDER'S QUALIFICATIONS 11. MBE AND/OR WBE PREBID CONTACT INFORMATION FORM 12. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S LIST 13. FORM OF CONTRACT 14. FORM OF PERFORMANCE BOND 15. FORM OF PAYMENT BOND 16. SALES TAX EXEMPTION INFORMATION FORM Page 73 of 164 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 8th day of October 2020, until 1:00 p.m. for the construction of the FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Second Floor City Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 8th of October 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 bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 12th day of October 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 Plan Room Websites: Master Builders of Iowa website at www.mbionline.com SCOPE OF WORK The extent of the work involved is the repair of cracks and the color resurfacing of sixteen tennis courts located at 1101 Campbell Avenue. 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. Page 74 of 164 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 attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 21 st day of September 2020. Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA Page 75 of 164 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 PRE -BID MEETING A pre -bid meeting will be held on October 1, 2020 at 10:00 AM at Byrnes Tennis Center, 1101 Campbell Avenue, Waterloo, Iowa. Attendance is recommended but is not mandatory. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 8th day of October 2020, until 1:00 p.m. for the construction of the FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Second Floor City Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 8th of October 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 bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 12th day of October 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. 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 attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 76 of 164 SCOPE OF WORK The extent of the work involved is the repair of cracks and the color resurfacing of sixteen tennis courts located at 1101 Campbell Avenue. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed". All work associated with this project shall be completed on or before May 15, 2021. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by City, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available electronically from Leisure Services, 1101 Campbell Avenue, Waterloo, Iowa 50701. Requests for plans and specifications can be made by phone at 319-291-4370 or by email at travis.nichols©waterloo-ia.org. Plan holders are responsible for ascertaining when the project has been awarded. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Page 77 of 164 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit a lump sum bid on the items listed in the proposal. All bids must be submitted on the Bid Form supplied by the City. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA Page 78 of 164 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. b. Unless called for, alternate bids will not be considered. d. Modifications of bids already submitted will be considered if received at the office designated in the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid. e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. In items where unit price is required, the total amount of each item shall be computed at the unit Page 79 of 164 prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non -arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. c. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall made the bid so modified or amended, subject to rejection. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. Page 80 of 164 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non - Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre -Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction Page 81 of 164 contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set -aside or quotas, but only flexible goals where "good -faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good - faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good -faith efforts." The key to the requirement is to make documented efforts. Goals are neither set -a -sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set -a -sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal -setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set -Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Page 82 of 164 Contractor. As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian -Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. Page 83 of 164 CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor Page 84 of 164 The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good -faith efforts in following the MBE/WBE Contract Compliance Program. Good -faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). Page 85 of 164 D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre -Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non -responsive. c. Documentation of other business -related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. 11. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good -faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. Page 86 of 164 C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non -compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good -faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. Page 87 of 164 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming to the Specifications, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at the time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids received. c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer -generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid for the BASE BID plus ALTERNATE(S) chosen by the City as indicated in the NOTICE TO BIDDERS. d. When a contract for a public improvement is to be awarded to the lowest responsive and responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a surety bond and a payment bond in a penal sum not less Page 88 of 164 than the amount of the contract as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages 14 to 15 of 18 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. d. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re - advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. Page 89 of 164 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Page 90 of 164 Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and construction equipment during time of construction. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Page 91 of 164 Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury (including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. THE CITY OF WATERLOO IS TAX EXEMPT. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. Page 92 of 164 The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 93 of 164 CITY OF WATERLOO LEISURE SERVICES COMMISSION FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT BID SPECIFICATIONS SCOPE OF WORK: The Contractor shall provide all labor, equipment and material necessary to resurface the tennis courts at Byrnes Tennis Center, 1101 Campbell Ave., Waterloo, Iowa in accordance with attached specifications. The contractor shall bid the base bid. BASE BID: Courts 1-16: Approximately 97,760 square feet. START DATE: Work to commence within 45 days of signed contract. COMPLETION DATE: All work shall be completed by May 15, 2021. GUARANTEE The Contractor shall guarantee all material and equipment furnished and installed by him for a period of one year after final acceptance by the Leisure Services Commission. Should any defects arise as the result of defective workmanship or materials within the guarantee period, the Contractor shall make the necessary corrections at his or her own expense. CONTRACTOR RESPONSIBLE FOR ALL MEASUREMENTS AND INSPECTION OF TENNIS COURTS PRIOR TO BIDDING. If you have any questions, please contact Travis Nichols, Facilities/Project Manager, at (319)291-4370. SPECIFICATIONS BASE BID: Novacrylic Combination Surface System for resurface of asphalt tennis courts SECTION 32 18 23.53 TENNIS COURT SURFACING SECTION 32 18 23 43 RECREATIONAL COURT SURFACING PART 1 GENERAL 1.1 GENERAL DESCRITION A. Textured acrylic surface system for new hot mix asphalt tennis courts and recreational Page 94 of 164 playing areas. 1.2 RELATED SECTIONS A. References 1. American Sports Builders Association (ASBA) Tennis Book 2. National Asphalt Paving Association (NAPA) 3. United States Tennis Association (USTA) 4. International Tennis Federation (ITF) 1.3 QUALITY ASSURANCE A. All surface coatings products shall be supplied by a single manufacturer. B. Manufacturer regularly engaged in the manufacture of acrylic surface systems for recreational areas for past 5years. C. Manufacturer is a member of ASBA. D. Manufacturer is a United States owned Company E. Manufacturers surface system classified by the ITF. F. Asphalt base must have proper slope and drainage per ASBATennis Book. G. New asphalt must cure for a minimum of 21 days 1.4 SUBMITTALS A. Product Data: Submit manufacturer's product data and application specifications and instructions. B. Submit color chart of surface samples. C. Authorized Applicator Certificate from the surface manufacturer. D. Reference list from the installer of at least 5 projects of similar scope. E Submit independent test results for 2000 hour ASTM G155 xenon arc surface color retention. Test report must include total dE (total loss of color in %) value and may not exceed 2% color loss after 2,000 hours to demonstrate long term fade resistance of the color surface system. F. Submit independent test results for 2000 hour ASTM G154 QUV accelerated weathering. All colors must pass 2000 hours QUV to demonstrate the long term durability of the color surface system. 1.5 DELIVERY STORAGE AND HANDLING A. Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying the product name, manufacturer and batch number. B. Store materials in accordance with manufacturer's instructions. C. Store materials in clean, dry area indoors, out of directsunlight. D. Keep materials from freezing. E. All surfacing materials shall be non-flammable. 1.6 INSTALLER QUALIFICATIONS A. Installer shall be regularly engaged in construction and surfacing of recreational coatings. B. Installer shall be an Authorized Applicator of the specified surface system. Page 95 of 164 1.7 AMBIENT CONDITIONS A. Do not install unless air and surface temperatures are 50 degrees F and rising. B. Do not install when rain is imminent or extremely high humidity prevents drying. C. Do not install if the surface temperature is above 140 degrees F. PART2 PRODUCTS 2.1 MANUFACTURER A. Nova Sports U.S.A., Inc., Milford, MA 01757 / Novacrylic Sport Surfaces Toll Free 1- 800-USA-NOVA, 001-508-473-6540, Fax. 001-508-473-4077 Internet: www.novasports.com Email: info@novasports.com B. Substitutions: Submit requests at least 7 days prior to the bid date with a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owners satisfaction that the proposed substitution is equal quality and utility to the specified product. The system shall have an ITF pace rating in Category 2. 2.2 MATERIALS A. Patching and Leveling: Novacrylic Novabond 100% acrylic resin used for leveling low areas and patching cracks. 1. 100% acrylic liquid binder. Minimum 46% solids, 8.9 lbs. per gallon. 2. Mix on site with silica sand and Type 1 Portland Cement B. Novasurface 100% acrylic resurfacer filler coat. 1. Water based high solids 100% acrylic resurfacer minimum 50.25%solids, 10.8 lbs. per gallon. 2. Mix on site with 50-mesh silica sand and water. C. Novacrylic Combination Surface textured acrylic colored surface. 1. 100% acrylic resin containing factory mixed round silica for low abrasive consistent texture. 2. Water based high solids concentrate, IowVOC 3. Minimum 69.43 percent solids, 13.3 lbs. pergallon. D. Seal A Line 100% acrylic line primer 1. Water based 100% acrylic resin containing no alkyds or vinyl. 2. Minimum 48 percent solids, 9.5 lbs. per gallon E. Novatex textured white line paint 1. Water based 100% acrylic resin containing no alkyds or vinyl. 2. Texture shall be the same size round silica as Novacrylic Combination Surface (factory mixed). 3. Minimum 70 percent solids, 14 lbs. pergallon PART 3 EXECUTION 3.1 INSPECTION Page 96 of 164 A. Inspect the concrete base for vapor barrier per ASTM E-1745, medium broom finish, proper slope and drainage as per ASBA Tennis Book Guidelines. B. Notify Architect of any conditions that may affect the application of the surface system. 3.2 LIMITATIONS A. Do not install when rain is imminent or extremely high humidity prevents drying. B. Do not install unless air and surface temperatures are 50 degrees F and rising. C. Do not install if the surface temperature is above 140 degrees F. 3.3 SURFACE PREPARATION A. The asphalt shall be inspected and made sure to be free of grease, oil, dust, dirt and any other foreign matter before starting work. B. Clean the asphalt to be free of any dirt, grease or oils before starting. Pressure washing the surface may be required depending on the condition of the asphalt. C. The surface shall be flooded. Any ponding water remaining that is deep enough to cover the thickness of a five -cent coin shall be corrected using a patch mix consisting of Novabond, 50-mesh silica sand and Type 1 Portland cement as per manufacturer's directions.. Depressions must be primed first with Novabond mixed equally with water prior to patching. D. Repair any cracks or holes using the same method as described above 3.03.C. E. Grind or brick any rough edges and ensure all repairs and patches are smooth and level to adjoining areas. 3.4 APPLICATION OF PLAYING SURFACE A. Using a neoprene rubber squeegee, apply one (1) coat of Novasurface acrylic resurfacer, diluted one (1) part water to two (2) parts Novasurface. Clean bagged 50-mesh silica sand shall be incorporated into the diluted Novasurface at the rate of ten (10) lbs. per gallon. Allow to dry completely before next application. Novasurface concentrated application rate is 0.068 gallons per square yards. B. Inspect the entire surface, any defects should be repaired. Scrape the surface to remove any lumps. Blow and broom off any loose matter. C. Using a neoprene rubber squeegee apply two (2) coats of Novacrylic Combination surface, diluted two (2) parts concentrated material to one (1) part clean water (colors to be determined by owner). Combination Surface concentrated application rate is 0.055 gallons per square yard. Allow each application to dry completely before next application. The quantity of water used in diluting these coatings may exceed the quantity specified by only a small amount and only if coatings are drying too rapidly. Permission of owner shall be obtained before adding additional water. 3.5 APPLICATION OF LINE MARKINGS A. Lines shall be carefully measured and marked with chalk in accordance with USTA Rules of Tennis and ASBA Tennis BookGuidelines. B. All lines are to be applied by painting between painter's grade masking tape with a brush or roller. No spraying of lines allowed. C. Prime masked lined with one (1) coat Seal -A -Line. Allow Seal -A -Line to dry completely before next application. Application rate is 0.08 gallons per square yards or 1 gallon per tennis court. D. Paint lines with Novatex textured line paint. Application rate is 0.08 gallons per square yards or 1 gallon per tennis court. Allow application to dry. E. Remove masking tape immediately after Novatex is dry. Do not leave the masking tape on overnight. 3.6 PROTECTION Page 97 of 164 A. Allow a minimum of 24 hours drying time for outdoor courts before opening for play. Indoor courts will take longer to dry and cure and should dry a minimum of 7 days before play is allowed depending on the atmospheric conditions in the building. 3.7 CLEAN UP A. All containers and debris shall be removed and disposed of in accordance with local, state and Federal regulations. END OF SECTION Page 98 of 164 BIDDER: CITY OF WATERLOO LEISURE SERVICES COMMISSION BID FORM FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 ADDRESS: Company Name CITY/STATE: ZIP CODE CONTACT PERSON: PHONE: FAX: Having examined the Place of the Work and all matters referred to in the Notice to Bidders and Contract Documents for the above mentioned project, we the undersigned, hereby offer to enter into contract to perform the Work for the sum of: BASE BID: (COURTS 1-16) Signature dollars ($ ) DATE: / / Page 99 of 164 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars($ lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 (Seal) Principal By (Title) Witness (Seal) Surety By Witness Attorney -In -Fact BID BOND PAGE 1 of 1 Page 100 of 164 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed and sworn to before me this Day of , 20. Signature Title My commission expires Page 101 of 164 COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed and sworn to before me this Day of , 20. Signature Title My commission expires Page 102 of 164 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or Page 103 of 164 suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 104 of 164 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Page 105 of 164 Dated at , this day of State of County of ) ) , 20 ) ss: (Name of Bidder) By: Title: , being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires Page 106 of 164 MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a. A copy of the bid received from the MBE/WBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or was non -responsive. c. Documentation of other business -related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Subcontractors Responsibilities: 1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 Page 107 of 164 MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Date: SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291- 4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE -BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotation used in bid Quotes Received MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/ NO Dollar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 Page 108 of 164 CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance Contact: Rudy Jones, Community Development Director Email: rudy.jones@waterloo-ia.ora Phone: (319) 291-4429 Fax: (319) 291-4431 MBE/WBE Certified Contractors List Page 1 of 4 Page 109 of 164 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS -ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 493-2542 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION Page 110 of 164 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION Page 111 of 164 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O.BOX65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone: (319) 233-7481 Certified: City of Waterloo WBE Contact: Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES PETERMAN & HAES CARPET ONE* 4003 University Waterloo, IA 50701 Phone: (319) 233-6131 Fax: (319) 233-6133 Certified: City of Waterloo WBE Email: JR11486(a_cfu.net_Contact: Carol Reese Specializing in: FLOOR COVERING * DENOTES WOMEN BUSINESS ENTERPRISE Page 112 of 164 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For FY2021 BRYNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 This Contract made and entered into this day of 2020, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and of , hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2021 BRYNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond f. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Page 113 of 164 Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. In no event, shall Contractor be liable for any claims for loss of ad revenue. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor for the project: Sum of City of Waterloo, Iowa Dollars($ Quentin Hart, Mayor Kelley Felchle, City Clerk Contractor: NAME, TITLE Approved by the City Council of the City of Waterloo, Iowa, this day of March 2020 ATTEST: City Clerk Page 114 of 164 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. Page 115 of 164 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name By: Title: Name By: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 116 of 164 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars,($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Page 117 of 164 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal) Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 118 of 164 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME FEDERAL ID#: PROJECT NAME: SUBCONTRACTOR PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond ▪ Landscaping • Painting ▪ Paving ❑ Plumbing ❑ Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition ❑ Other (Please specify) Page 119 of 164 ADDENDUM NO. 1 TO THE BIDDING DOCUMENTS FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 CITY OF WATERLOO, IOWA DATE: September 25, 2020 BID OPENING DATE & TIME: October 8, 2020 1:00 P.M., Local Time TO ALL BIDDERS ON THE ABOVE PROJECT: All Bidders submitting a bid on the above contract shall carefully read this Addendum and give it consideration in the preparation of their bid. TO ALL BIDDERS ON THE ABOVE PROJECT: The following manufacturer and product has been approved as an equal substitution: Stegas, Inc., Austell, GA Product: ACRYTECH SPORTS SURFACES, www.tennispaint.com Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. The bidder shall acknowledge receipt of this Addendum by inserting the number and date in the spaces provided in the Bid Form, Item 7, Page 2 of 2. Travis Nichols Facilities/Project Manager Leisure Services City of Waterloo, Iowa Page 120 of 164 ADDENDUM NO. 2 TO THE BIDDING DOCUMENTS FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 CITY OF WATERLOO, IOWA DATE: October 2, 2020 BID OPENING DATE & TIME: October 8, 2020 1:00 P.M., Local Time TO ALL BIDDERS ON THE ABOVE PROJECT: All Bidders submitting a bid on the above contract shall carefully read this Addendum and give it consideration in the preparation of their bid. TO ALL BIDDERS ON THE ABOVE PROJECT: The following statement shall be added to bid documents: The City of Waterloo requires that a minimum of six courts remain open for play at all times. The Contractor will be responsible for setting work schedule that allows for public and private use of a minimum of six courts at all times. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. The bidder shall acknowledge receipt of this Addendum by inserting the number and date in the spaces provided in the Bid Form, Item 7, Page 2 of 2. Travis Nichols Facilities/Project Manager Leisure Services City of Waterloo, Iowa Page 121 of 164 FY21 Byrnes Tennis Center Resurfacing Project Cont. No. 1038 Bid Tab: October 8, 2020 Estimate: $75,000 Bidder Bid Security Total Bid Amount Advanced Athletic Surfaces Greensboro, GA 5% $79,980 Pro Trak and Tennis, Inc. Bennington, NE 5% $77,250 Page 122 of 164 CITY OF WATERLOO Council Communication Rental of one (1) and/or two (2) motor graders to support snow removal operations. City Council Meeting: 10/12/2020 Prepared: 10/5/2020 ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: 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 approving specifications, bid documents, form of contract, etc. and authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding bid to Ziegler of Postville, Iowa, in the amount of $ 7,900 per grader, per month for a total of $31,600 for one (1) machine and/or $63,200 for two (2) machines, in conjunction with the rental one (1) and/or two (2) motor graders to support snow removal operations. Submitted By: Randy Bennett, Public Works Division Manager Recommend Approval The need for one (1) and/or two (2) motor graders to support snow removal operations from November 15, 2020 thru March 15, 2021. $60,000.00 Road Use Tax Fund 266-19-7200-1384 Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Strategy 3.4: Identify and improve proven cost and resource savings measures. Page 123 of 164 RENTAL OF 1 OR 2 MOTOR GRADERS Bid Tab: October 8, 2020 Estimate: $60,000 Bidder Bid Amount Ziegler Postville, IA $7,900 per machine (per month) — no ripper $31,600 for 1 machine (4 months) $63,200 for 2 machines (4 months) Page 124 of 164 CITY OF WATERLOO Council Communication Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel -motel mini grant application for the 2020 National Championship Tractor Pull in the amount of $2,355. City Council Meeting: 10/12/2020 Prepared: ATTACHMENTS: Description Type o Application Backup Material SUBJECT: Submitted by: Summary Statement: Expenditure Required: Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel -motel mini grant application for the 2020 National Championship Tractor Pull in the amount of $2,355. Submitted By: Tavis Hall, Executive Director of Waterloo Convention and Visitors Bureau This event is a postponed event due to COVID-19. During this time, having an event driving business to our community partners (lodging, dining, attractions, etc) is incredibly impactful. Expectations are that we'll see 200+ total participants for this event, with almost all from outside of Black Hawk County, with 100 projected total room nights. This event will be held at the National Cattle Congress. $2,355.00 Source of Funds: Hotel -motel tax grant funding for FY 21. Page 125 of 164 Council Communication City Council Meeting: October 5, 2020 Prepared: September 29, 2020 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Mini -Grant Applications for 2020 National Championship Tractor Pull Submitted by: Tavis Hall, Experience Waterloo Recommended City Council Action: Approve Experience Waterloo (CVB) board recommendation of $2,355. Event Summary This event is a postponed event due to COVID-19. During this time, having an event driving business to our community partners (lodging, dining, attractions, etc) is incredibly impactful. Expectations are that we'll see 200+ total participants for this event, with almost all from outside of Black Hawk County, with 100 projected total room nights. This event will be held at the National Cattle Congress. Projected economic impact: $98,616 Request: $2,355 ROI (Economic impact based on requested funds): An $2,355 award would return $41.88 per dollar invested. Source of Funds: Hotel -motel tax grant funding for FY21 Policy Issue: None Alternative: Do not provide funding or provide alternate funding amount. Background Information: The Experience Waterloo Board reviewed all applications and scored based on the project's ability to meet the goals of the grant program: 1. Does the project have a significant economic impact / significantly enhance the visitor's experience in Waterloo? 2. Does the project strengthen the perceptions of Waterloo? 3. How important are grant dollars toward ensuring the success of the project? 4. Is the application clear, complete and thought-out? 5. Is the project new, or are there significant changes from previous years? Page 126 of 164 Event Impact Summary Destination: Waterloo Convention & Visitors Bureau Event Parameters Key Results Event Name: Nat. Antique Tractor Pull Business Sales (Direct): $71,010 Organization: Scoop & Feed Supply Business Sales (Total): $98,616 Event Type: Trade Show Jobs Supported 31 Start Date: End Date: Overnight Attendees: Day Attendees: 200 11/20/2020 11 /21 /2020 100 (Direct): Jobs Supported (Total): 41 Local Taxes (Total): $1,420 Net Direct Tax ROI: $1,949 Estimated Room 88 Demand: Direct Business Sales Sales by Source Sales by Sector Trans. Space Rental Retail Recreation Business Services SO 55.000 510:000 S15:000 S20:000 S25:000 S30:000 Industry Attendees Organizer Exhibitor Total Lodging $28,609 $1,607 $0 $28,609 Transportation $7,042 $536 $2,963 $10,541 Food & Beverage $21,498 $0 $6,233 $27,731 Retail $7,163 $0 $0 $7,163 Recreation $3,748 $0 $0 $3,748 Space Rental $0 $1,800 $1,719 $3,519 Business Services $0 $9,323 $7,981 $17,304 TOTAL $68,060 $13,266 $18,896 $98,616 Page 127 of 164 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed $16,291, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. City Council Meeting: 10/12/2020 Prepared: 10/5/2020 ATTACHMENTS: Description Type ❑ Terracon_P SA tank removal 1015 Backup Material SUBJECT: Submitted by: S ummary S tatement: Source of Funds: Background Information: Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed $16,291, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer Necessary due to discovery of an underground tank and necessary evaluation and removal See attached agreement for Scope of Services. During the construction of the new trail and enhancements in front of the Sportsplex, the contractor found and intact 10'x4' buried tank. Under State law, these tanks must be abandoned properly. This agreement with Terracon will provide for testing services, hiring a specialized contractor to remove and dispose of the tank and file all necessary paperwork with the State of Iowa. Page 128 of 164 lrerracon October 1, 2020 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Matt Schindel P: (319) 291-4312 E: Matt.Schindel@Waterloo-la.org Re: Proposal for Underground Storage Tank Closure Services City ROW 300 Jefferson Street, Waterloo, Iowa Registration No. NA LUST No. NA Terracon Proposal No. P13207088 Dear Mr. Schindel: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to conduct Underground Storage Tank (UST) Closure Services at the above referenced site. Terracon has conducted thousands of environmental service projects across the country. In addition, Terracon has extensive experience performing geotechnical and construction testing services. For more detailed information on all of Terracon's services please visit our web site at www.terracon.com. An outline of the project, Terracon's scope of services, including schedule and compensation are provided in the following sections. 1.0 PROJECT INFORMATION Available information provided by the City of Waterloo (City) indicates one 1,000-gallon UST is located within the City right-of-way (ROW). The City indicated the UST is constructed of steel and appears to be full of fuel. The contents of the UST are unknown but assumed to be diesel or heating oil. Terracon has assumed there are no dispensers or product piping associated with the UST. The City has also indicated the UST is not registered with the Iowa Department of Natural Resources (IDNR). The origin and use of the UST is unknown at this time. This proposal presents the cost estimate of fees for UST closure activities. Terracon will coordinate with Unified Contracting Services, Inc. (Unified) to be onsite during the UST closure activities for observation and sample collection per IDNR guidance. Unified will be providing UST excavation and removal, cleaning, disposal, and other IDNR required closure services as well as providing a licensed remover onsite during tank removal related field activities. It's estimated the UST removal portion of the project can be completed in two days, weather and site conditions permitting. Terracon Consultants, Inc. 3105 Capital Way Suite 5 Cedar Falls, IA 50613 P 319 277 4016 F 319 277 4320 terracon.com Environmental • Facilities • Geotechnical • Materials Proposal for UST Closure Services City ROW Waterloo, Iowa October 1, 2020 Terracon Proposal No. P13207088 lrerracon The City has requested the fuel be removed and the UST cleaned as soon as possible to prevent a release to the environment. The removal of the UST will be completed at a later date on a second mobilization. Installation and sampling of temporary monitoring well(s) will occur after the removal is complete and laboratory results for the soil samples are available for inclusion of well(s) location. The well(s) would be installed and sampled approximately one week after the UST is removed and will require at least one day of stabilization prior to groundwater sample collection. 2.0 SCOPE OF SERVICES Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free® safety culture, Terracon will prepare a project safety plan for use by our personnel during field services. Prior to commencement of on -site activities, Terracon will hold a meeting to review health and safety needs for this specific project. At this time, we anticipate performing fieldwork in a United States Environmental Protection Agency (USEPA) Level D work uniform consisting of hard hats, safety glasses, protective gloves, and steel -toed boots. It may become necessary to upgrade this level of protection, at additional cost, during sampling activities in the event that petroleum or chemical constituents are encountered in soils or groundwater that present an increased risk for personal exposure. Sampling and reporting will be completed according to the IDNR guidance document "Underground Storage Tank Closure Guidance" dated May 2016. The sampling and report will be handled by or under the management of a Certified Groundwater Professional (CGP) as required by IDNR guidance. 2.1 UST Closure Services Terracon can assist the City with completion of the IDNR 30-Day Closure Notification Form (if required), UST Registration Form, and Iowa UST Fund Closure Claim Form upon request. Registering the UST is necessary in order to obtain potential Iowa UST Fund reimbursement of the closure activities. Terracon will make the 24-hour notification to IDNR Field Office #1 in Manchester, Iowa prior to the start of removal activities. Unified will obtain necessary UST removal permits from the City, local fire department/marshal, etc. Terracon will observe UST removal activities and collect field documentation including photographs of the activities. Terracon field personnel will collect the required UST soil samples for documentation of site conditions utilizing excavation equipment. Based on the reported volume of the UST, one soil sample will be required from beneath the center of the UST. The sample will be collected 1 to 2 feet into native soils. The UST soil sample will be field screened utilizing a photoionization detector (PID). Factors including the actual configuration of the UST, verified volume of the UST, and observed contamination will dictate the actual number and location of soil Responsive Resourceful Reliable 2 Page 130 of 164 Proposal for UST Closure Services City ROW Waterloo, Iowa October 1, 2020 Terracon Proposal No. P13207088 lrerracon samples collected according to IDNR guidance. Please note the presence of a concrete pad beneath the UST will affect the sample number and locations per IDNR guidance if the pad is left in place. Additionally, significant groundwater within the UST basin or observed bedrock will alter the soil sample numbers and locations per IDNR guidance. As noted previously, Terracon has assumed soil samples related to dispensers and product piping are not necessary; however, if these features are observed in the field, sampling will be conducted per IDNR guidance. A temporary monitoring well will be installed and sampled within 20 feet of the UST basin in the presumed down gradient direction based on surface topography as required by IDNR guidance. The IDNR guidance indicates that larger sites and sites with large distances between USTs and dispensers and/or greater lengths of product piping may need more than one well to assess for the presence of a release especially considering groundwater flow direction. The well location should be representative of a release from the USTs and dispenser, and piping, if present. Additionally, UST, dispenser, and piping soil sample results will factor into the actual well location. Based on available site details, one well appears to be sufficient; however, actual site conditions and soil sample concentrations will dictate the number and location of well(s). Based on Terracon's knowledge of the area, it is very likely that bedrock will be encountered at the site. If bedrock is encountered before groundwater, the IDNR will be notified and a Tier 2 Site Clean Up Report (SCR) may be required. Terracon will provided the client with a cost estimate for these additional services at that time. Based on the unknown contents of the UST, the soil and groundwater samples will be analyzed for benzene, toluene, ethylbenzene and xylenes (BTEX) by Iowa Method OA-1 and total extractable hydrocarbons (TEH) as diesel and waste oil by Iowa Method OA-2. The samples will be submitted on ice under standard chain of custody protocols to a State of Iowa certified laboratory. A trip blank will be submitted with the groundwater samples for BTEX analysis by Iowa Method OA-1 to evaluate sample integrity during transportation to the laboratory. A UST Closure Report will be completed in standard IDNR format including documentation of field activities, sample results, maps, etc. and be submitted to the City for authorization. Terracon will obtain signatures of the licensed tank remover and CGP on the report. Terracon can assist with facilitating the submittal of the UST Closure Report to the IDNR and Iowa UST Fund, if requested. 3.0 COMPENSATION The Scope of Services outlined in this proposal for the UST Closure Services will be performed as a unit rate estimate of $16,291 presented in the attached in Table 1. If, as a result of these services, additional work is required outside the scope of this proposal, you will be contacted, and upon request, proposed fees for additional work will be provided. City authorization will be obtained prior to commencement of additional work outside the scope of this proposal. Recnnncive 5.11 Reli` 3 Page 131 of 164 Proposal for UST Closure Services City ROW Waterloo, Iowa October 1, 2020 Terracon Proposal No. P13207088 lrerracon For the purposes of this proposal, Terracon has assumed 1,100 gallons of waste water / product will be generated from cleaning activities and require disposal. However, actual liquid and/or sludge disposal volumes will be incurred per the rates presented in Table 1. Unified has prepared their bid based on the information provided by the City and Terracon. The City will be notified of changed conditions when, and if, encountered along with changes in fees. Additional sampling services not covered in this proposal will be handled on a unit rate pricing basis, if needed. Terracon will contact the City to advise and receive prior approval for additional sampling services. Additional soil and groundwater analysis would be $100/sample for OA-1 and OA-2 analysis and additional field personnel labor would be $75/hour. Additional temporary monitoring well installation would be $1,000/well based on the previously refenced assumptions. Fees for other additional services outside the scope of this proposal will be provided, if applicable. The project fee summary is based on the scope of services outlined in this proposal. This proposal and fee estimate were prepared based on the following assumptions: The City will provide to Terracon, prior to mobilization, legal right of entry to the site (and other areas if required) to conduct the scope of services. The City will notify Terracon, prior to mobilization, of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g., hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.). Unified will provide UST Closure Services contractor activities per IDNR guidance and the Unified costed estimate provided via email dated October 1, 2020 including providing a licensed remover onsite. Terracon will be responsible for the environmental sampling and reporting per IDNR guidance. Unified will be responsible for contacting Iowa One Call to have public utilities marked prior to the UST removal. Terracon will also contact Iowa One Call to have public utilities marked prior to the temporary well installation. We understand that the City will have their prime contractor, Lodge Construction, remove the sidewalk, backfill the tank excavation, and return the area to existing grade and surface conditions once the tank has been removed and closure sampling has occurred. Concrete replacement is not included in the proposal scope and fee and is not reimbursed by the Iowa UST Fund for UST closures. Utilities on private land that are not located by public companies will be located by the City. If it is determined that a private utility locater is necessary, Terracon can obtain the services of a subcontractor at a cost plus 15%. The City will be informed of the fee prior to engagement of the private utility locater. Work can be performed during normal business hours (Monday through Friday, 7:00 am to 7:00 pm). Responsive • Resourceful • Reliable 4 Page 132 of 164 Proposal for UST Closure Services City ROW Waterloo, Iowa October 1, 2020 Terracon Proposal No. P13207088 lrerracon Traffic control services are not required other than what is provided in the exclusion zone and the area around the UST excavation by Unified. We understand that if lane closure is necessary the City will provide assistance The site is readily accessible by Unified excavation equipment and Terracon truck/drill rig. City of Waterloo, Black Hawk County, and Iowa Department of Transportation permits are not required other than specified in this proposal. If any of these assumptions or conditions are not accurate or change during the project, the stated fee is subject to change. Please contact us immediately if you are aware of any inaccuracies in these assumptions and conditions, so we may revise the proposal or fee. In addition, additional site reconnaissance and file review may indicate that additions to the scope of work will be necessary. Additions to the scope of work as presented in this proposal will be handled under a separate change order. Non-performance of subcontractors is not the responsibility of Terracon. 4.0 AUTHORIZATION This proposal may be accepted by executing the attached Agreement for Services. Please return an authorized copy of this proposal to Terracon and keep a copy for your records. This proposal is valid for 60 days from the date of this proposal. We appreciate the opportunity to provide this proposal and look forward to working with the City of Waterloo on this project. If you have questions or comments regarding this proposal, please contact Dave Cleary at (319) 277-4016 or via email at dave.cleary@terracon.com. Sincerely, Terracon Consultants, Inc. Dave C. Cleary, REM Environmental Department Manager Attachment: Agreement for Services Table 1 Copies: Iowa UST Fund J 'e M. Nelson, PG, CPG nvironmental Project Manager C.11 RPli- 5 Page 133 of 164 Table 1: Services and Fees Terracon Proposal Number: P13207088 Site Name: City ROW Address: 300 Jefferson Street City, State: Waterloo, IA LUST Number: NA Registration Number: NA Date: 10/1/2020 lierracon Task Cost per Unit Unit Type No. of Units Total Engineering Services UST Closure Contractor - Unified* $ 7,000 CP 1.15 $ 8,050 Generated Waste Disposal -Sludge** $ 8.28 gallon 0 $ - Generated Waste Disposal - Liquid** $ 1.26 gallon 1100 $ 1,386 Notifications / UST Closure Report $ 1,150 lump sum 1 $ 1,150 Subtotal $ 10,586 Field Services Project Management - Certified Groundwater Professional $ 115 /hour 5 $ 575 Field Personnel Mobilization $ 275 /mobilization 4 $ 1,100 Daily equipment charges (IP/water probe, PID, sample pump, etc.) $ 250 /day 2 $ 500 Field Geologist/Engineer/Scientist $ 85 /hour 18 $ 1,530 Drill rig mobilization $ 550 /mobilization 1 $ 550 Temporary monitoring well installation - 20' $ 1,250 /well 1 $ 1,250 every additional foot after 20' $ 25 /foot $ - Subtotal $ Sample preparation and laboratory analysis: 5,505 Soil: OA-1 (BTEX) and OA-2 (TEH) Groundwater: OA-1 (BTEX) and OA-2 (TEH) $ 100 I /sample I 1 I $ 100 $ 100 /sample 1 $ 100 Subtotal $ 200.00 Total $ 16,291 *Unified cost estimate provided via email dated October 1, 2020. Actual fee plus 15% markup will be incurred. **Estimated volume presented. Fee for the actual volume will be incurred. Presented rate includes 15% markup. Page 134 of 164 lrerracon Reference Number: P13207088 AGREEMENT FOR SERVICES This AGREEMENT is between City of Waterloo IA ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the 300 Jefferson Street Orphan UST project ("Project"), as described in Consultant's Proposal dated 10/01/2020 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2 Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4 Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $25,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7 Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8 Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9 Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Page 1 of 2 Rev. 3-20 lrerracon Reference Number: P13207088 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultants performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self -quarantining due to exhibiting symptoms associated with the coronavirus. Consultant: Terracon Consul + ra s, Inc. Client: City of Waterloo IA By: c o..t Date: 10/1/2020 Name/Title: Dave C. Cleary, REM / Environmental Department Manager Address: 3105 Capital Way, Ste 5 Cedar Falls, IA 50613-7030 Phone: (319) 277-4016 Fax: (319) 277-4320 Email: Dave.Cleary@terracon.com By: Name/Title: Address: 715 Mulberry St Date: Waterloo, IA 50703-5714 Phone: (319) 291-4312 Fax: Email: Matt.Schindel@Waterloo-la.org Page 2 of 2 Rev. 3-20 CITY OF WATERLOO Council Communication Resolution approving Addendum No. 5 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $2,500, in conjunction with the Westdale Subdivision Swale Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/12/2020 Prepared: 10/6/2020 ATTACHMENTS: Description Type ❑ Westdale Bioswale_addendum no 5 Backup Material ❑ Westdale Bioswale_addendum no 5_attachment2 Backup Material SUBJECT: Resolution approving Addendum No. 5 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $2,500, in conjunction with the Westdale Subdivision Swale Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Recommended Action: Summary Statement: Expenditure Required: Source of Funds: The scope of services is amended to add the cost to complete and submit a Pre -Construction Notification under Army Corps Nationwide Permit (NWP) 27. $16,340.00 (original contract) 2,300.00 (addendum) 2,300.00 (addendum 2) 13,570.00 (addendum 3) 1,820.00 (addendum 4) 2,500.00 (addendum 5) = $38,830.00 (modified contract amount) Storm Water Fees Page 137 of 164 Ns Robinson Engineering Company Consulting Engineers Westdale Subdivision Swale Design Waterloo, Iowa Addendum No. 5 WHEREAS, City of Waterloo and Robinson Engineering Company entered into a contract dated July 30, 2018 for the design of the Westdale Subdivision Swale in Waterloo, Iowa. WHEREAS, City of Waterloo and Robinson Engineering Company desire to amend the previous agreement to make the following revisions to the contract. NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows: I. Scope of Services The scope of services is amended to add the cost to complete and submit a Pre -Construction Notification under Army Corps Nationwide Permit (NWP) 27. II. Compensation The additional work will be completed for the following cost: $2,500.00 The compensation for this supplemental agreement is to be integrated with that covered under the original contract. III. In all other respects, the obligations of City of Waterloo and Robinson Engineering Company shall remain as specified in the Original Contract dated July 30, 2018, and all addendums. IN WHITNESS WHEREOF, the parties hereto have executed this Addendum No. 5 as of the dates shown below. OWNER: ENGINEER: City of Waterloo By: Quentin M. Hart Title: Mayor ATTEST: Kelley Felchle, CMC City Clerk Robinson Engineering Company By: Monica Smith, PE Title: President 819 Second Street NE, Independence, IA 50644 Phone: 3 l 9-334-7211 Page 138 of 164 E01 October 6, 2020 Monica Smith, P.E. Robinson Engineering Company 322 First Street East Independence, IA 50644 RE: Cimmarron Lane Bioswale, Waterloo, Iowa EOR Proposal No. 20-1115 Dear Ms. Smith: w a ter e c o log y community Emmons & Olivier Resources, Inc. (EOR, dba EOR Iowa, LLC) appreciates the opportunity to provide a bid for wetland permitting services for the proposed Cimmarron Lake Bioswale project in Waterloo, Iowa. The purpose of this proposal is to complete and submit a Pre -Construction Notification. The activities will be performed in accordance with Clean Water Act Section 404 (33 U.S.C. 1344). 1.0 BACKGROUND Robinson Engineering Company (client) is assisting the City of Waterloo with planning and design services for a stormwater bioswale project located on Cimmarron Lane in the southeast portion of the City. Wetland delineations were completed within the project limits to determine the quantity and extent of any jurisdictional waters. This information was provided to the Corps for consideration in their Section 404 Authorization. The Corps since recommended submittal of a Pre -Construction Notification (PCN) for coverage under Nationwide Permit (NWP) 27. 2.0 SCOPE OF SERVICES Based on the above discussions, EOR Iowa recommends the following scope of services. Task 1. Ecological Reference Site As required by NWP 27, EOR will research and identify a suitable ecological reference site within the same watershed and ecoregion. EOR will describe the reference site in relation to anticipated development of the proposed bioswale project. Task 2. Pre -Construction Notification EOR will prepare and submit to the Corps, required PCN materials as described in Fact Sheet No. 8 (IA) published by the Rock Island District. EOR understands the client's desire is to minimize costs and completion time for the proposed wetland permitting. EOR will provide reasonable follow-up coordination and correspondence with Corps, DNR, and other regulatory agencies, if needed. 4.0 FEES The estimated maximum total cost for performing the above scope of services is $2500. 5.0 CONDITIONS Items to be provided by the client include right -of -entry to all project areas to conduct field investigations and flagging/staking of the project limits. The client should also notify us of any restrictions or special requirements regarding the property or other required activities prior to the commencement of field work. EOR is an Equal Opportunity Affirmative Action Employer EOR 1002 Quartz Avenue, Boone, IA 50036 T/ 515.230.7044 F/ 515.724.7018 www.eorinc.com Page 139 of 164 This proposal does not include the following services: mitigation planning, mitigation design or mitigation post -construction monitoring. Our invoice will be submitted upon substantial completion of the project tasks. Our proposal is based on the information provided by the client on August 14, 2020. Should conditions be encountered that necessitate major revisions and/or result in significantly higher costs, we will contact you before initiating this work or preparing a change order. If this proposal meets your approval, please sign the notice to proceed on the following page and return an original to me. If you have any questions regarding this information, please contact me at (515) 230-7044. Sincerely, Emmons & Olivier Resources, Inc. t,cL,.yaJ,„()(1 � Kevin M. Griggs, PWS, CWB Senior Environmental Scientist Iowa Operations Lead EOR is an Equal Opportunity Affirmative Action Employer EOR 1002 Quartz Avenue, Boone, IA 50036 T/ 515.230.7044 F/ 515.724.7018 www.eorinc.com Page 140 of 164 Name: Title: Company: Telephone: Email: Signature: Date: CONFIRMATION OF NOTICE TO PROCEED EOR Proposal No. 20-1115 The above proposal is understood and accepted. Monica Smith, P.E. (Please Print) President/Lead Design Engineer Robinson Engineering Company 319-334-7211 monica.smithArobinsoneng-ia.com EOR is an Equal Opportunity Affirmative Action Employer EOR 1002 Quartz Avenue, Boone, IA 50036 T/ 515.230.7044 F/ 515.724.7018 www.eorinc.com Page 141 of 164 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances by amending Article D1, Parking of Recreational Vehicles, of Chapter 7, Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic, and inserting in lieu thereof a new subsection (2), leasing of parking for purpose of storing recreational vehicles. City Council Meeting: 10/12/2020 Prepared: 10/6/2020 ATTACHMENTS: Description Type D Ordinance Section 6-7-3 (D) (1) Backup Material SUBJECT: Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending Article D1, Parking of Recreational Vehicles, of Chapter 7, Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic, and inserting in lieu thereof a new subsection (2), leasing of parking for purpose of storing recreational vehicles. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Martin M. Peterson, City Attorney Recommended Action: Adopt Ordinance Page 142 of 164 6-7-3: STANDARDS GOVERNING THE OFF-STREET PARKING OR STORAGE OF VEHICLES AS AN ACCESSORY USE ON RESIDENTIAL PROPERTIES: D. Parking Of Recreational Vehicles: 1. Not more than three (3) recreational vehicles shall be parked on any one- or two-family residential property. No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any timc, cxccpt for visitors. Visitor parking shall be limited to not more than thirty (30) days per calendar year. 2. The leasing of parking for purposes of storing recreational vehicles is prohibited on any property that has a residential dwelling or dwellings as a primary use. Page 143 of 164 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Traffic Code by deleting Section 549, Loading Zones, in its entirety, and inserting in lieu thereof a new Section 549, Loading Zones or Grab-N-Go Zones. City Council Meeting: 10/12/2020 Prepared: 10/7/2020 ATTACHMENTS: Description Type D Loading Zones or Grab-N-Go Zones Ordinance Backup Material D loading zones or grab-n-go draft changes Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by deleting Section 549, Loading Zones, in its entirety, and inserting in lieu thereof a new Section 549, Loading Zones or Grab-N-Go Zones as follows: When signs are erected giving notice of "Loading Zone" or "Grab-N-Go", no person shall park any vehicle upon any of the streets or portions thereof as designated herein, except when actually engaged in the loading or unloading of passengers or merchandise. Parking in a Grab-N-Go Zone shall only be allowed for a maximum of 15 minutes. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director Adopt Ordinance Main Street, Downtown Merchants, Republic Parking Staff and City Staff attended meetings and had many discussions along with driving the downtown area agreeing with the number of spaces to replace and move Loading Zones to Grab-N-Go Zones. This will allow businesses/merchants to have shoppers, clients, etc. stop in and pick up merchandise, food, etc. with a 15 minute allowance. $1,000.00 Road Use Tax - with a possibility of being reimbursed by Main Street Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Many discussion have taken place to help out the downtown merchants during the COVID19 pandemic. Page 144 of 164 SEC. 277. LOADING ZONES OR GRAB-N-GO ZONES When signs are erected giving notice of "Loading Zone" or "Grab-n-Go" — no person shall park any vehicle upon any of the streets or portions thereof as designated in Section 549 of this Ordinance, except when actually engaged in the loading or unloading of passengers of merchandise. SEC.549. LOADING ZONES OR GRAB-N-GO ZONES. When signs are erected giving notice of "Loading Zone" or "Grab-n-Go Zone", no person shall park any vehicle upon any of the streets or portions thereof as designated herein, except when actually engaged in the loading or unloading of passengers or merchandise. Parking in a Grab-n- Go zone shall only be allowed for a maximum of fifteen minutes. STREET BLOCK NUMBER AND SIDE OF STREET LOADING ZONE OR GRAB-N-GO ZONE IS IN (1) Bratnober Street North side in 500 block in an easterly direction from Fairview Avenue ('91 Rev.) (2) Cedar Street Northeast side in the 300 block; northwest side in the 500 block (3) Commercial Street Northeast side in the 800 and 1000 blocks; both sides in the 300, 600 and 700 blocks (Ord. #3277, 5/16/83: Ord. #3702, (2/12/90) (4) Division Street East side in the 200 block. (4a) Easton Avenue South side in the 1500 block from school parking lot driveway to Oregon Street (Ord. #4924, 8/25/08) (5) Evergreen West side in the 900 block in a southerly direction from Falls Avenue (Ord. #3277, 5/16/83) (6) Fifth Street (E) Southeast side in the 100 block; two on the northwest side of the 200 block (Ord. #3277, 5/16/83; Ord. # 4849, 2/26/07) (7) Fifth Street (W) Southeast side in the 200 block; one zone on the southeast side in the 300 block; southeast side in the 100 and 1200 blocks in front of Irving School north of the crosswalk, with a five (5) minutes time limit (Ord. 3277, 5/16/83; Ord. #4274, 1/20/98; Ord. #4401, 12/20/99; 2000 Rev.; Ord. #4860, 2/26/07; Ord. #5044, 5/2/11) (8) Fourth Street (E) First space near the intersection with Sycamore Street on the southwest side in the 100 block; one space on both sides of the 200 block; alley behind 315 E. Fourth Street with a thirty (30) minute time limit; first space near the intersection with Lafayette Street on the northeast side in the 300 block; first space near the intersection with Mulberry Street on the southwest side in the 300 block; (Ord. #5335, 2/22/16) (Ord. #4581, 9/30/02; repealed by Ord. #4705, 7/19/04) (9) Fourth Street (W) Northeast side of the 100 block: Northeast side of the 200 block; northwest side in the 500 block, southeast side in the 600 block (Ord. #3835, 11/18/91) (10) Janney Avenue North side in the 400 block ('91 Rev.) Page 145 of 164 (11) Jefferson Street (12) Kimball Avenue (13) Lafayette Street (14) Locust Street (15) Maxwell Street (16) Mulberry Street (17) (18) (19) (20) (21) (22) Ninth Street (E) Park Avenue (E) Second Street (E) Second Street (W) Seventh Street (E) Sixth Street (E) (23) Sixth Street (W) (24) Sycamore Street (25) Third Street (W) (26) Walnut Street (27) Water Street Northeast side in the 500 block; both sides in the 700 block; southwest side in the 600 block; southwest side in the 900 block; northeast side in the 1500 block (Ord. #3277, 5/16/83; '91 Rev.) South side in the 500 and 800 blocks ('91 Rev.) Both sides in the 500 block, south side in the 700 and 900 blocks; alley in the 500 block just west of E. 4th Street, with a fifteen (15) minute limit ('91 Rev.; Ord. #5042, 4/11/11) Northeast side in the 400 block (Ord. #3277, 5/16/83) West side in the 800 block in a northerly direction from Falls Avenue ('91 Rev.) Southeast side of the 500 block; one space on the Northeast side in the 600 block (Ord. #3277, 5/16/83) Southeast side in the 200 block Southeast side in the 200 block (Ord. #3277, 5/16/83) Northwest side in the 200 block Southeast side in the 300 block East side in the 300 block, between signs (Ord. #5147, 1/14/13) Two spaces on the northeast side of the 300 block; southwest side of the 400 block. Southeast side in the 200 block Southwest side in the 100 block; northeast side in the 300 block' southwest side in the 400 block' two zones on the southwest side in the 500 block; two zones on the northeast and southwest sides in the 600 block; both sides in the 700 block; southwest side in the 1300 block (Ord. #3277, 5/16/83) Southeast side in the 200 block; southeast side in the 300 block North side in the 300 block (Ord. #4002, 1/18/94) Northeast side in the 600 block (Ord. #3277, 5/16/83) Page 146 of 164 SEC. 277. LOADING ZONES OR GRAB-N-GO ZONES. When signs are erected giving notice of "Loading Zone" or "Grab-n-Go,"no person shall park any vehicle upon any of the streets or portions thereof as designated in Section 549 of this Ordinance, except when actually engaged in the loading or unloading of passengers or merchandise. SEC. 549. LOADING ZONES OR GRAB-N-GO ZONES. When signs are erected giving notice of "Loading Zone" or "Grab-n-Go Zone", no person shall park any vehicle upon any of the streets or portions thereof as designated herein, except when actually engaged in the loading or unloading of passengers or merchandise. Parking in a Grab-n-Go zone shall only be allowed for a maximum of fifteen minutes. STREET BLOCK NUMBER AND SIDE OF STREET LOADING ZONE IS IN (1) Bratnober Street North side in 500 block in an easterly direction from Fairview Avenue ('91 Rev.) (2) Cedar Street Northeast side in the 300 block Both sides in 500 block ('91 Rev.); north west side in the 700 500 block. (3) Commercial Street Northeast side in the, 800 and 1000 blocks; both sides in the 300, 600, and 700 blocks (Ord. #3277, 5/16/83; Ord. #3702, 2/12/90) (4) Division Street East side in the 200 block (4a) Easton Avenue South side in the 1500 block from school parking lot driveway to Oregon Street (Ord. #4924, 8/25/08) (5) Evergreen West side in the 900 block in a southerly direction from Falls Avenue (Ord. #3277, 5/16/83) (6) Fifth Street (E) Northwest side in 100 block near north end of ramp; southeast side in the 100 block; 2 on the northwest side of the 200 block (Ord. #3277, 5/16/83; Ord. #4849, 2/26/07) (7) Fifth Street (W) Southeast side in 100 and 200 blocks; one zone on the southeast side in 300 block; southeast side in 1100 and 1200 blocks in front of Irving School north of the crosswalk, with a five (5) minute time limit (Ord. #3277, 5/16/83; Ord. #4274, 1/20/98; Ord. #4401, 12/20/99; 2000 Rev.; Ord. #4860, 2/26/07; Ord. #5044, 5/2/11) (8) (9) Fourth Street (E) First space near the intersection with Sycamore street on the southwest side in the 100 block; one space on both sides of the 200 block; alley behind 315 E. Fourth Street with a thirty (30) minute time limit; first space near the intersection with Lafayette Street on the northeast side in the 300 block; first space near the intersection with Mulberry Street on the southwest side in the 300 block; (Ord. #5335, 2/22/16) (Ord. #4581, 9/30/02; repealed by Ord. #4705, 7/19/04) Fourth Street (W) Northeast side of the 100 block; Northeast side of the 200 block; Northwest side in the 300 block and one space near the fire hydrant on the northwest side in the 300 block; , northwest side in the 500 block, southeast side in the 600 block (Ord. #3835, 11/18/91) (10) Janney Avenue North side in 400 block ('91 Rev.) (11) Jefferson Street the -northeast side in the 500 block; both sides in 700 block; southwest side in 600 Page 147 of 164 (12) Kimball Avenue (13) Lafayette Street (14) Locust (15) Maxwell Street (16) Mulberry Street (17) Ninth Street (E) (18) Park Avenue (E) (19) Second St. (E) (20) Second St. (W) (21) Seventh St. (E) (22) Sixth Street (E) (23) Sixth Street (W) (24) Sycamore Street (25) Third Street (W) (26) Walnut Street (27) Water Street block; southwest side in 900 block; northeast side in 1500 block (Ord. #3277, 5/16/83; '91 Rev.) South side in 500 and 800 blocks ('91 Rev.) Both sides in the 500 block, northeast side in the 600 block, south side in the 700 and 900 blocks; alley in the 500 block just west of E. 4th Street, with a fifteen (15) minute time limit ('91 Rev.; Ord. #5042, 4/11/11) Northeast side in the 400 block (Ord. #3277, 5/16/83) West side in the 800 block in a northerly direction from Falls Avenue ('91 Rev.) Southeast side of the 500 block; twe one spaces on the northeast side in the 600 block; southeast side of the 600 block. (Ord. #3277, 5/16/83) Southeast side in the 200 block Southeast side in the 200 block (Ord. #3277, 5/16/83) Northwest side in the 200 block Southeast side in the 300 block East side in the 300 block, between signs (Ord. #5147, 1/14/13) Two spaces on the northeast side of the 300 block; southwest side of the 400 block. Southeast side in the 200 block Southwest side in 100 block; northeast side in 300 block; southwest side in 400 block; two zones on southwest side in 500 block; two zones on northeast and southwest sides in the 600 block; both sides in 700 block; southwest side in 1300 block (Ord. #3277, 5/16/83) Southeast side in the 200 block, southeast side in the 300 block North side in the 300 block (Ord. #4002, 1/18/94) Northeast side in the 600 block (Ord. #3277, 5/16/83) Page 148 of 164 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board minutes of September 21, 2020. City Council Meeting: 10/12/2020 Prepared: 10/5/2020 ATTACHMENTS: Description Type II 09/21/20 Board Minutes Cover Memo SUBJECT: Waterloo Housing Authority Board minutes of September 21, 2020. Submitted by: Submitted By: Page 149 of 164 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Monday September 21, 2020 at 4:45 PM (Zoom Meeting) Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Boesen, Amos, Grieder, Klein, Morrissey, Feuss, Varnold, Juon The meeting was called to order at 4:45 p.m by Chairperson Klein. Motioned by Sharon Juon, seconded by Jonathan Grieder, to approve minutes of the July 22, 2020 meeting and the agenda as proposed. Ayes: All Motion: Carried. New Business Motioned by Sharon Juon, seconded by Jonathan Grieder to approve and accept the 2021 HUD FMRs/Payment Standards Ayes: All Motion: Carried Motioned by Sharon Juon, seconded by Jonathan Grieder to authorize to use the 2nd CARES Act Administrative Fee to Implement Paperless and Online Systems through HAPPY Software. Ayes: All Motion: Carried Motioned by Sharon Juon, seconded by Jonathan Grieder to approve and place on file the Housing Authority report including the Leasing, HAP and Administrative Fee Utilization Report. Ayes: All Motion Carried. Chairperson Klein recognized Julie Dawson, Housing Authority Director, for any comments. Ms. Dawson informed the Board that the previously -approved $100,000 authorized to be used from the Administrative Fee Reserve, would not be needed as the Housing Authority is no longer expecting a shortfall in funding as of 12/31/20. Additionally, the Director explained that the Payment Standards approved at this meeting will result in a $25 - $30 decrease in the Section 8 tenant portion of rent beginning 12/1/20 and effective with the participant's anniversary date. Motioned by Sharon Juon, seconded by Jonathan Grieder to adjorn the meeting at 4:55 p.m. Ayes: All Motion Carried SM Page 150 of 164 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of July 21, 2020. City Council Meeting: 10/12/2020 Prepared: 10/7/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Historic Preservation Commission minutes of July 21, 2020. Submitted by: Submitted By: Page 151 of 164 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — July 21, 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, Alice Rohret, and Nick Hedrick. Commission Member(s) absent were: Susan Price Others Present electornically: Pat Morrissey — City Council Liaison, John Dornoff — Planning Staff; Ed Gallagher — Grout Liaison; Sally Kelly — applicant; and Noel Anderson — Community Planning and Development Director. Approval of Agenda Motion made by Hedrick, seconded by Rohret to approve the agenda of the July 21, 2020 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Rohret, seconded by Hedrick to approve the minutes of the June 16, 2020 meeting. Motion carried unanimously. Oral Presentations No Presentations Hearinjs 1. Request by Sally & Patrick Kelly for a Certificate of Appropriateness for a new garage to replace an existing one at 234 Prospect Avenue. Dornoff read the staff report noting that the commission had previously allowed the garage to have vinyl siding since the garage is not visible from the street. Sally Kelly, 234 Prospect Avenue noted that the house itself was clad in vinyl siding by the previous owner before Highland became a local historic district. Motion made by Hedrick, seconded by Gilbert to approve a Certificate of Appropriateness. Motion carried unanimously. Buildint' Consultation No consultations. -1- Page 152 of 164 Reports 1. Main Street Ottesen reported Main Street Design Review approved 2 signs. Main Street is still looking for a one hundred $100 donations. 2. Silos and Smokestacks. No Report 3. Grout Museum Gallagher reported that the Imaginariam will not be reopening at this time. There will be a rummage sale by the Friends of the Grout this weekend. A new Holocaust exhibit has opened. 4. Building Update No update. 5. Highland Hedrick reported that directories have been sent out. 6. Walnut Rohret reported that the cleanup day was a success. Discussion Items/Possible Action Items 1. Dunsmore House/Discussion with Anderson Ottesen went over what was discussed at the meeting with Anderson, Morrissey and himself. Anderson then noted that the Building Official would go out and look at the building to see what needs to be done to the building to stabilize it and then what the next steps should be. Anderson also noted that if the house would be returned to a single family home that conditions would be put on it to insure the city has the right to get the building back if it is not taken care of. Several members of the commissions showed support for turning the Dunsmore house into a meeting place including for the HPC and possibly a museum. Morrissey asked about the Montgomery Wards building to which Anderson responded that Roy Carver Jr. who owns the building was in Waterloo to look at the building recently and the city is going to attempt to contact Carver and discuss the future of the building. Morrissey also asked about the Rath Packing Administration building to which Anderson responded that a group of West High graduates who are now developers out of state were looking at the building but could not get the numbers to work out but Anderson was looking at -2- Page 153 of 164 other programs that could help the developers. 2. Historic Storyboard Maps Dornoff went over the progress being made on the storyboard maps. 3. HPC Awards Banquet 2021 Hedrick has had a hard time getting the Grout to respond, Gallagher will email Billie Bailey to see if we can get a response. 4. School Art Project With so much uncertainty about school right now, will take a wait and see attitude on when the best time is to contact the schools. 5. Action Plan There was no updates on the action plan this month. Other Discussion: There was no other discussion. Adjournment Ottesen adjourned the meeting at 5:20p.m. Respectfully submitted, John Dornoff Planner I -3- Page 154 of 164 CITY OF WATERLOO Council Communication Board of Adjustment minutes of June 23, 2020. City Council Meeting: 10/12/2020 Prepared: 10/7/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Board of Adjustment minutes of June 23, 2020. Submitted by: Submitted By: Page 155 of 164 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON JUNE 23, 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, April Leadley, Jeri Thornsberry and John Beckman. Staff in attendance were: Aric Schroeder, and Chris Western. Staff members present via Zoom: Noel Anderson. I. Approval of the June 23, 2020 agenda. It was moved by Beckman and seconded by Chiles to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on May 28, 2020. It was moved by Thornsberry, seconded by Chiles to approve the minutes of the May 28, 2020 Meeting. Motion carried unanimously. III. Decision Items 1. Request by Best Western for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of 48.31 square feet of signage, 7.69 square feet more than the maximum of 40 square feet of total signage allowed and for the installation of a monument sign in an "C-3" Commercial District located at 205 W. 4th Street Avenue. Western gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the area. 2. Staff has heard no objections to the request. Beckman pointed out that address location listed in the staff report should say 205 West 4th Street not 205 East 4th Street and that the hotel is a ten story building not a 6 story building. Condon asked if the new sign will be bigger than the original sign. Western stated that it would be a few square feet bigger. Thornsberry asked for clarification as to how many square feet over the maximum allowed the sign would be. Western stated that the 95.3 includes both sides of the of the sign but that the ordinance states that signs in the "C-3" Commercial District only allows 40 square feet per side and that the applicant is asking for 47.69 square feet per side for a total of 95.38 square feet. Condon asked if we were approving just the square footage over or the monument sign as well. Western stated that the board is only reviewing the 7.69 square foot over the maximum 40 square feet allowed. Thornsberry clarified that the recommendation isn't clear and suggested it read that 15.38 square feet over the maximum square feet allowed. Western suggested adding 7.69 square feet per side into the recommendation. Thornsberry asked if it was necessary to differentiate between a monument sign and a pole sign as they seem to be used interchangeably. Schroeder explained that the term "free standing" is the generic term and that there are 3 styles of freestanding signs, monument, pole, and post sign. Leadley asked if the proposed sign is larger for a particular reason. Schroeder stated that the applicant could not be present but that the reason for the request to go larger was for motorist visibility. Condon stated that the sign is only 1' taller that the existing sign. It was moved by Beckman, seconded by Chiles to approve the request by Best Western for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of 48.31 square feet of signage, 7.69 square feet per side more than the maximum of 40 square feet per side of total signage allowed and for the installation of a monument sign in a "C-3" Commercial District located at 205 W. 4th Street Avenue. Motion carried 3 to 1 with Leadley voting no. Page 156 of 164 BOARD OF ADJUSTMENT June 23, 2020 2. Request by Rich Eighme for a variance to Commercial Parking Regulations to have 139 parking stalls, 42 parking stall less than the minimum of 181 parking stalls required for a bowling alley in a "C-2" Commercial District located at 2608 University Avenue (Maple Lanes). Western gave the staff report that recommended approval of the request for the following reasons: 1. It would appear that the request would not have any negative impact on traffic in the area as the bowling alley has existed without the minimum parking spaces required for over 60 years. 2. The City of Waterloo has had no complaints from adjoining property owners concerning parking. Condon asked if Cadillac Lanes Bowling Center has the appropriate amount of parking. Schroeder stated that they may not have in the past but have removed a number of lanes and converted them into a children's gaming area and by doing so brought the parking more into compliance. Condon asked if the board were to approve this request is the board setting precedent for a future Bowling Alley development. Condon asked if removing the lanes was a business decision or to meet parking requirement. Schroeder stated it was a business decision. Condon asked again if a developer were to come to town to build a new bowling would have already set precedence to say we are going to allow it even though it does not meet the requirements of the ordinance. Schroeder stated that possibly we would be and that the parking requirements listed in the ordinance may need to be looked at for a potential amendment as he believed it has not been reviewed since the adoption of the ordinance in 1969 and that perhaps parking needs have changed. Beckman asked for clarification as to the number of lanes. The applicant Rich Eighme explained that with there were 32 lanes but with the renovation 4, 10 pin lanes will be converted to Duckpin lanes to be located in the proposed addition. Beckman asked about the verbal parking agreement in place with Community Services; specifically how would having daytime events effect there activities. The applicants stated that it would not as the current daytime activities which occur on Monday's, Wednesday's and Friday's never use more than half of the parking lot particularly to the west on the Thorndale side. Beckman asked about the large tournaments and the effect they have on Community Services parking. The applicant stated that the large tournaments are specifically only on Saturdays and Sundays and with the exception of the Red Cross, there are no other businesses open on the weekends. Beckman asked about the hours of operation of the volleyball courts. The applicant stated they will be open week nights Sunday through Thursday and that leagues would start approximately 5:30 to 6:00 p.m. On Weekends league would start approximately 10 a.m. to 6 or 7 p.m. but that volleyball will be a new activity it is not known if the hours stated will be accurate but is based off of other Bowling and Volleyball venues, these are the expected hours. Beckman asked about the homes to the north and if they would be negatively affected. The applicant stated that the only homes near the site are located across University Avenue to the south and that the two homes that are shown in the aerial photo have been demolished. Beckman stated there were no concerns that staff is aware of regarding parking but asked if there are any concerns about the proposed redevelopment of the sight as a whole. Western stated that there were not any concerns or complaints received by staff. Chiles stated that he really liked the proposed redevelopment plans and fully supports the project. It was moved by Chiles, seconded by Leadley to approve the request by Rich Eighme for a variance to Commercial Parking Regulations to have 139 parking stalls, 42 parking stall less than the minimum of 181 parking stalls required for a bowling alley in a "C-2" Commercial District located at 2608 University Avenue (Maple Lanes). Motion carried unanimously. 2 Page 157 of 164 BOARD OF ADJUSTMENT June 23, 2020 IV. Discussion Condon asked if the meeting will be conducted using zoom for next month. Schroeder stated that he assumes that staff will use Zoom for next month but members could attend in person if they desire. Condon asked if it was possible to be able to see the audience. Schroeder stated that it may be possible to rotate the camera when needed to allow the board to be able to see the audience. Schroeder stated they will take a look at what could be done in the future. Beckman stated he thought zoom works well with short agendas and with non -controversial items but in the event that the agenda becomes large and with items that are being contested; will there be a need to bring the board in and meet in person or a combination. Schroeder stated that he agreed that the Zoom system can be a bit cumbersome when multiple questions are going back and forth between the board and the applicant and that if there were to be future agenda items that require a great deal of back and forth conversation, it may be better to have those board members willing to meet in person do so. V. Adjournment It was moved by Beckman, seconded by Chiles to adjourn the meeting at 5:39 p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator 3 Page 158 of 164 CITY OF WATERLOO Council Communication Design Review Board minutes of April 2020. City Council Meeting: 10/12/2020 Prepared: 10/7/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Design Review Board minutes of April 2020. Submitted by: Submitted By: Page 159 of 164 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD REGULAR MEETING — 4:00 P.M. April 16, 2020 Zoom Meeting — City Hall Ottesen called the regular meeting of the Highway 218 Design Review Board to order at 4:00 p.m. for the Zoom Meeting at City Hall. I. Roll Call The following members were present: Carty, Kuiper, Hansen, Wiele, Jordan -Burg, Ottesen, and Weber. Member(s) absent: None. Others in attendance were Dan Channer and Tim Verheyen with ISG Inc., and Bob Lodel with Excel Engineering. Staff in attendance was Hyberger, Anderson, and Schroeder. II. Approval of the April 16, 2020 Amended Agenda that removed the proposed Dollar General Building at North of 5225 Dysart Road. The Waterloo City Council denied the request with a 6-1 vote at their regular meeting on April 13, 2020. It was moved by Carty and seconded by Jordon -Berg to approve the amended agenda. Motion carried unanimously. III. Approval of the minutes from their Regular Meeting on May 23, 2019. It was moved by Jordon -Berg and seconded by Carty to approve the minutes for the Regular Meeting on May 23, 2019. Motion carried unanimously. IV. Decision Items 1. Excel Engineering — Exterior Remodel, Taco Bell — 1819 La Porte Road Hyberger gave the staff report noting that staff is recommending approval to allow for the exterior remodel of the Taco Bell at 1819 La Porte Road. The Highway 218 Design Review Board had no additional questions regarding this request. It was moved by Jordan -Burg and seconded by Hansen to approve the request to allow for the exterior remodel of the Taco Bell at 1819 La Porte Road. Motion carried unanimously. 2. Replacement Elementary School for Lowell Elementary — 1628 Washington Street Hyberger gave the staff report. Weile had a question regarding the location of the bus drop off location. Channer noted the bus drop off location was on the northeast side of the school. Parents will drop off their kids next to a parking lot that is located just southwest of the proposed elementary school building. Kuiper noted that they may want to remove the Redwood American Linden from the planting list for the landscape plan due to the plant's susceptibility to Japanese Beatle infestations. It was moved by Carty and seconded by Jordan -Burg to approve the request to allow for the construction of a replacement elementary school for Lowell Elementary. Motion carried unanimously. Page 160 of 164 HIGHWAY 218 DESIGN REVIEW BOARD April 16, 2020 V. Discussion Items There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Hansen and seconded by Kuiper to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 4:15 p.m. Respectfully submitted, 1 L; Seth Hyberger, Planner I Page 161 of 164 CITY OF WATERLOO Council Communication Design Review Board minutes of June 2020. City Council Meeting: 10/12/2020 Prepared: 10/7/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Design Review Board minutes of June 2020. Submitted by: Submitted By: Page 162 of 164 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD REGULAR MEETING — 4:00 P.M. June 22, 2020 Zoom Meeting — City Hall Hyberger called the regular meeting of the Highway 218 Design Review Board to order at 4:00 p.m. for the Zoom Meeting at City Hall. I. Roll Call The following members were present: Carty, Kuiper, Hansen, Wiele, Jordan -Burg (Attended initially but had to mute her phone due to excessive back ground noise), and Ottesen. Member(s) absent: Weber. Others in attendance were Chris Cummings with Turnkey Associates. Staff in attendance was Hyberger. II. Approval of the June 22, 2020 agenda. It was moved by Wiele and seconded by Carty to approve the agenda. Motion carried unanimously. III. Approval of the minutes from their Regular Meeting on April 16, 2020. It was moved by Wiele and seconded by Ottesen to approve the minutes for the Regular Meeting on April 16, 2020. Motion carried unanimously. IV. Decision Items 1. Turnkey Associates — Zanotti Armor Addition — 2003 Westfield Avenue Hyberger gave the staff report noting that staff is recommending approval to allow for the construction of a 60' X 66' addition for the Zanotti Amor Building with a 17.5 front yard setback at 2003 Westfield Avenue. Cummings noted that a detention pond to the east would be enlarged to accommodate additional drainage runoff caused by the construction of the 60' X 66' addition. Kuiper noted that the alternative compliance provision in the staff report in regards to landscaping and asked if they could require the applicant to plant at least two additional trees. Hyberger indicated that we can definitely require the applicant to plant two additional trees on the site as part of the motion. It was moved by Kuiper and seconded by Ottesen to approve the request to allow for the construction of a 66' X 60 Addition of the Zanotti Armor Building at 2003 Westfield Avenue with a 17.5' front yard setback, and with the condition that the applicant will plant two additional trees on the property post construction. Motion carried unanimously. V. Discussion Items There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Carty and seconded by Hansen to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 4:15 p.m. Page 163 of 164 HIGHWAY 218 DESIGN REVIEW BOARD June 22, 2020 Respectfully submitted, il Seth Hyberger, Planner I Page 164 of 164