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Council Packet - 10/19/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 19, 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 188 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of October 12, 2020, Regular Session, as proposed. Proclamation declaring October 21, 2020 as Gentleman Day. Proclamation declaring October 18-24, 2020 as Character Counts Week. Presentation from the Waterloo Youth City Council ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving award of bid to Pro Track and Tennis of Bennington, Nebraska, in the amount of $77,250, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 19, 2020 and date of public hearing as November 23, 2020, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and instruct City Clerk to publish said notice. Submitted By: Matt Schindel, Associate Engineer 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 5, 2020 and date of public hearing as November 9, 2020, in conjunction with Demolition Services, Contract No. RD- 2020-11-02P, located at 508 Bratnober Street and 811 Williston Avenue, and Page 2 of 188 instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. LIQUOR LICENSES a. The Loft, 710 Jefferson Street #4 *Ownership Update* Class: C Liquor New Application Includes Sunday Expiration Date: 1/13/2021 b. Knights of Pythias - Furgerson Lodge #5, 244 Ash Street Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 9/16/2021 c. K-Zar, 1761 Independence Avenue Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 10/13/2021 d. The Comfort Zone, 213 E. 5th Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 1/17/2021 e. Chapala Mexican Restaurant, 900 LaPorte Rd. Class: C Liquor New Application Includes Sunday Expiration Date: 10/01/2021 2. Motion approving Change Order No. 1 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net decrease of $4,378, in conjunction with asbestos abatement services, Contract No. AB-2020-08-8P, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 2. Resolution approving the process of mud -jacking for residential and commercial repair of concrete sidewalk sections that have sunk or become uneven and are not fractured, cracked, or broken. Submitted By: Pat Morrissey, Ward 3 Council member 3. Resolution approving Consent to Transfer and Assignment Agreement with Bob C. Moore and 401 Devonshire, LLC, for property located at 401 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving a Real Estate Purchase Agreement with AKE LLC, in the amount Page 3 of 188 of $34,000 with up to $5,000 in closing costs, to purchase a lot south of 3175 Logan Avenue, parcel number 8913-02-476-048, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving an Encroachment Agreement with Scott Ford to allow for a 27- foot by 28-foot accessory structure, located at 1661 Wakonda Drive, that encroaches 3- foot into the right-of-way of West Donald Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving the Economic Development Assistance Grant Contract with Lincoln Savings Bank and Iowa Economic Development Authority, Contract No. 20- HQJP-016, and authorizing the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving Amendment No. 2 to a Professional Services Agreement with Invision Architecture, LTD, originally executed September 19, 2020, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving the work with Shakespeare Lighting Design, LLC, for activities described in Fee Estimate document, for a total of $12,625, with Waterloo Development Corporation providing 50 percent matching funds, for a City commitment of up to $6,312.50, in conjunction with the 4th Street Bridge and River Cascades Lighting Designs for Downtown Waterloo, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed May 4, 2020, in an amount not to exceed $29,500, in conjunction with the FY 2021 Waterloo Regional Airport Water Main Improvements - Phase I Project, Contract No. 1033, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 10. Resolution approving the Animal Control Services Agreement with the City of Cedar Falls commencing November 1, 2020 thru October 31, 2023, with an increase not to exceed 2.5 percent per year, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Animal Control Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 4 of 188 MEETINGS 3:40 p.m. Work session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting minutes of September 2, 2020. 2. Planning, Programming and Zoning minutes of September 1, 2020. 3. Complete Streets minutes of August 18, 2020. 4. Board of Adjustment minutes of August 25, 2020. Page 5 of 188 CITY OF WATERLOO Council Communication Margaret Klein, Ward 1 Council Member City Council Meeting: 10/19/2020 Prepared: Submitted by: Submitted By: Page 6 of 188 CITY OF WATERLOO Council Communication Minutes of October 12, 2020, Regular Session, as proposed. City Council Meeting: 10/19/2020 Prepared: ATTACHMENTS: Description Type o Minutes of October 12, 2020 Backup Material Submitted by: Submitted By: Page 7 of 188 October 12, 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 12, 2020. Mayor Quentin Hart in the Chair. Roll Call: Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Boesen, Klein, were present. Absent: Amos. Prayer or Moment of Silence. Pledge of Allegiance: Dave Boesen, At -Large Council Member 159187 - Juon/Feuss that the Agenda, as amended, replacing Strand and Associates of Madison, Wisconsin with WHR, Inc. of Anamosa, Iowa, on Item 1.B.4, for the Regular Session on Monday, October 12, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 159188 - Juon/Feuss that the Minutes, 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. Proclamation declaring October 12, 2020 as Indigenous Peoples' Day. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned the city's cost over three years for the SAFER Grant and questioned if the increases are currently in the budget. He questioned the current staffing of the department. He questioned why the Police Griffon committee has an even number of participants. He further questioned the rationale for switching to two meetings per month. Mayor Hart explained the thought behind the makeup behind the Waterloo Police Rebranding Committee. He added that the SAFER Grant was discussed at the budget meeting and invited the Fire Chief to explain the cost of the SAFER Grant. Pat Treloar, Fire Chief, provided an overview of the cost to the city for pursuing the SAFER Grant. Norma Ehrhardt, 518 E. 2nd Street, commented that her family bought a house on December 23, 2019. She received notification on September 1, 2020, that a lien was placed on the property for a 2017 unpaid bill to the previous owner. She explained that they were never afforded the ability to make any payment arrangements. She asked that the lien be removed, penalties removed, and late fees removed. They would then agree to pay the reasonable amount left owed $1,600, rather than $5,000 that has accrued. Michael Henning, Orange Neighborhood Association, commented that he wants the Orange Neighborhood Association to enter into a memorandum of understanding with the City of Waterloo. He stated that it has been six months since the Neighborhood Association last heard from the developer, his attorney, or the city about the proposed housing development. Noel Anderson, Community Planning and Development Director, commented that the city does not have any updates since the last action went to the council. He added that as the city receives updates from the developer they would update the neighborhood. Mayor Hart asked Mr. Anderson to contact the developer or legal team for an update to provide to the neighborhood. Mr. Grieder requested to be looped in on communication to the Neighborhood Association from the city as it is his ward. Mrs. Juon questioned if the city has a memorandum of understanding with any other neighborhood. Noel Anderson commented that the only MOU's the city currently holds is with the Walnut Neighborhood and three land owners for any development on the south side of San Marnan. Mayor Hart commented that he discussed an overall strategy with Mr. Boesen and the City Clerk to increase communication with neighborhood captains regarding planning and zoning related issues. Page 8 of 188 October 12, 2020 Page 2 Mrs. Klein questioned if the developer is under legal obligation to contact the neighborhood about developments on his own property. Mayor Hart commented that the developer is under no obligation to contact the neighborhood other than good faith efforts to communicate. Mr. Morrissey questioned when the recreational trail would be completed on the Highway 63 project. He questioned the status on the approval of the strategic plan that was postponed due to covid, and asked for an update on Telecommunications Committee broadband study. Mayor Hart commented that he will ask the Telecommunications Board Chair to reach out with an update to Mr. Morrissey. Jamie Knutson, City Engineer, explained that recreation trail is scheduled for a December letting through the Iowa DOT. Mayor Hart commented that he would need to check on whether the dollars approved for the strategic plan where tied to the fiscal year, and if they are still available. 159189 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 159190 - Juon/Grieder that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 12, 2020, in the amount of $4,968,264.36, 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. 2020-764. 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). Resolution adopted and upon approval by Mayor assigned No. 2020-765. 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. Resolution adopted and upon approval by Mayor assigned No. 2020-766. 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. Resolution adopted and upon approval by Mayor assigned No. 2020-767. 5. Resolution approving installation of one (1) 25 MPH speed hump in the 600 block of Lakeside Street. Resolution adopted and upon approval by Mayor assigned No. 2020-768. Page 9 of 188 October 12, 2020 Page 3 1. 2. b. a. a. b. 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. Resolution adopted and upon approval by Mayor assigned No. 2020-769. 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. Resolution adopted and upon approval by Mayor assigned No. 2020-770. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Jon Martin and Matt Chesmore - Rehabilitation Specialists 16 Hour Lead Inspector Refresher Online October 13-14, 2020 $800 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Fareway Stores #951, 40 W. San Marnan Drive B Wine / C Beer / E Liquor Renewal 11/15/2021 Grill 924, 926 La Porte Rd. *Adding Liquor* C Liquor w/Outdoor Service New 9/30/2021 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Tim Moses Leisure Services Commission 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. 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. 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. 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. Roll call vote -Ayes: Six. Motion carried. Page 10 of 188 October 12, 2020 Page 4 PUBLIC HEARINGS 159191 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, as published in the Waterloo Courier on October 2, 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. 159192 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 159193 - Morrissey/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-771. 159194 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services Director for further review. Estimate: $75,000 Bidder Bid Security Bid Amount Advanced Athletic Surfaces Greensboro, GA 5% $79,980 Pro Trak and Tennis, Inc. Bennington, NE 5% $77,250 Voice vote -Ayes: Six. Motion carried. 159195 - Boesen/Grieder that proof of publication of notice of public hearing on rental of one (1) and/or two (2) motor graders to support snow removal operations, as published in the Waterloo Courier on October 2, 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. 159196 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 159197 - Boesen/Grieder that "Resolution approving specifications, bid documents, form of contract, etc. and authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-772. 159198 - Boesen/Grieder Motion to receive and file and instruct City Clerk to read bids. Page 11 of 188 October 12, 2020 Page 5 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) Voice vote -Ayes: Six. Motion carried. 159199 - Boesen/Grieder that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Randy Bennett, Public Works Division Manager, provided an overview of the need for the motor graders. Resolution adopted and upon approval by Mayor assigned No. 2020-773. RESOLUTIONS 159200 - Klein/Boesen that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Tavis Hall, Executive Director of Experience Waterloo, provided an overview of the request and the benefit it provides to the community economic development. Mrs. Klein questioned the impact of COVID-19 on the event. Tavis Hall explained that National Cattle Congress has had some shows this summer, including a horse show and llama show. They are cutting down on the amount of people they allow to participate and attend the event. Mr. Morrissey asked that the mask mandate be renewed to cover the time of the event. Resolution adopted and upon approval by Mayor assigned No. 2020-774. 159201 - Klein/Boesen that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-775. 159202 - Klein/Boesen that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-776. ORDINANCES 159203 - Boesen/Feuss Page 12 of 188 October 12, 2020 Page 6 that "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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Martin Petersen, City Attorney, explained that Planning and Zoning expressed concern that the ordinance may violate the zoning ordinance if people are allowed to collect fees for storing a camper on a residential property. 159204 - Boesen/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 159205 - Boesen/Feuss that "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", 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. 5577. 159206 - Feuss/Morrissey that "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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 159207 - Feuss/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 159208 - Feuss/Morrissey that "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", 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. 5578. ADJOURNMENT 159209 - Juon/Grieder that the Council adjourn at 6:24 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 13 of 188 CITY OF WATERLOO Council Communication Proclamation declaring October 21, 2020 as Gentleman Day. City Council Meeting: 10/19/2020 Prepared: ATTACHMENTS: Description Type D Gentleman Day Cover Memo Submitted by: Submitted By: Page 14 of 188 CITY OF WATERLOO, IOWA WHEREAS, WHEREAS, W]EIEREAs, WHEREAS, PROCLAMATION 1 in 3 women will experience violence in their lifetime; and intimate partner violence impacts victims, children, family, friends and the community at large; and domestic violence is not confined to any group or groups of people, but is experienced in all economic, racial, ethnic, educational, societal, and religious groups and is sustained by societal indifference; and perpetrators of domestic violence should be held accountable for their actions and victims should have access to support and services to help them overcome their experience; and it is important to recognize the compassion and dedication of the individuals who provide support to victims of intimate partner violence and work to increase public understanding of this significant problem; and only a coordinated effort from all community members will put a stop to this heinous crime. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the October 21, 2020, as GENTLEMAN DAY to support Waypoint Services in ending domestic violence and urge everyone to work together to eliminate domestic violence from our community. IN lArITNESS itihiEREoF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 19th day of October 2020. ATTEST: Kelley F;' i le Quentin Hart City Cl; Mayor /, Page 15 of 188 CITY OF WATERLOO Council Communication Proclamation declaring October 18-24, 2020 as Character Counts Week. City Council Meeting: 10/19/2020 Prepared: ATTACHMENTS: Description Type D Character Counts Week Backup Material Submitted by: Submitted By: Page 16 of 188 CITY Of WATERLOO, IOYlIA PROCLAMATION WHETS, citizens of good character are a most valuable asset to our community, providing a safe and caring environment where all citizens value and model the principle that CHARACTER COUNTS!; and WHEREAS, the Six Pillars of Character include Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship; and WHEREAS, the City of Waterloo supports the Cedar Valley Character Counts Committee in its efforts to provide leadership and coordination for the promotion and encouragement of a community -wide character education program for our youth; and IttrHERE,AS, with their guidance, we will teach, enforce, advocate and model the six essential pillars of character to our young citizens; and WHEREAS, this work will foster greater understanding and cooperation among individuals and organizations of our community to set good examples and address the positive issues that will shape our community's future. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim the week of October 18 — 24, 2020, as CHARACTER COUNTS WIFF__,K in the Cedar Valley. I urge the citizens of Waterloo to become aware of the importance of community -wide character education and show support for the positive character development of youth in our community. For further information visit: www.charactercountsiniowa. org. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 19th day of October 2020. ATTEST: e ley Fe hle City Clerk Quentin Hart Mayor Page 17 of 188 CITY OF WATERLOO Council Communication Presentation from the Waterloo Youth City Council City Council Meeting: 10/19/2020 Prepared: Submitted by: Submitted By: Page 18 of 188 CITY OF WATERLOO Council Communication Resolution approving award of bid to Pro Track and Tennis of Bennington, Nebraska, in the amount of $77,250, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description Type o Contract Backup Material u Liability Insurance Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving award of bid to Pro Track and Tennis of Bennington,. Nebraska, in the amount of $77,250, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager Request Council award and adopt resolution transmitting Contract, Bonds and Certificate of Insurance for Pro Tack and Tennis of Bennington Nebraska for FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No.1038, and approve and authorize the Mayor to sign Contract between the City of Waterloo and Pro Track and Tennis of Bennington Nebraska. This project provides for improvements at Byrnes Tennis Center to include crack repairs and color resurfacing on 16 tennis courts. $77,250.00 G.O. Bond Funds This project supports the City of Waterloo Strategic Plan, strategy 4.5 "Maintain City facilities that support quality of place" Page 19 of 188 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 This Contract made and entered into this 19th day of October 2020, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Pro Track and Tennis Inc. of Bennington, Nebraska 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 BYRNES TENNIS CENTER RESURFACING PROJECT CONTRACT NO. 1038 as 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 20 of 188 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 ail 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: Seventy -Seven Thousand, Two Hundred and Fifty Dollars ($77,250.00) City of Waterloo, Iowa Quentin Hart, Mayor Kelley Felchle, City Clerk Pro Trar d Tennis Inc. of Bennington, Nebraskac Ge0kGE Q i2gtoivto, NE, TITLE Di 12ec7c4.. rv/, r/eozz Approved by the City Council of the City of Waterloo, Iowa, this 19th day of October 2020 ATTEST: City Clerk Page 21 of 188 Bond #: 100522621 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Pro Track and Tennis, Inc. of Bennington, NE (the "Principal"), and American Contractors indemnity Company of Los Angeles, CA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Seventy -Seven Thousand, Two Hundred Fifty and 00/100 Dollars ( 577,250.00 ), lawful money of the United States, for the payment of said sure in connection with a contract (the "Contract') dated on or about October 19, 2020 for the purpose of FY2021 Byrnes Tennis Center Resurfacing Project Contract No. 1038 . The Contract is incorporated herein by reference as though fully set fortis 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 fess 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 22 of 188 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 ('i) 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 October 19. 2020 PRINCIPAL Pro Track and Tennis, nc. Name By: Title: DLP t7Cr k'i ,v,k,vC-ge SURETY American Contractors Indemnity Company Name By: Title: Attorney -in -Fact !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 23 of 188 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Pro Track and Tennis, Inc. Bond #: 100522621 {Name of Contractor) 7409 North 160th Street, Bennington, NE 68007 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, American Contractors Indemnity Company (Name of Surety) 801 South Figueroa Street, Suite 700, Los Angeles, CA 90017 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry St., Waterloo, IA 50703 (Address of Owner) Seventy -Seven Thousand, hereinafter called OWNER, in the penal sum ofTwaHundred Fifty and 00/10oD011ars,($ 77,250-00 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 severalty, firmly by these presents_ THECONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 19th day of October 20 20 , a copy of which is hereto attached and made a part hereof for the construction of: FY2021 Byrnes Tennis Center Resurfacing Project Contract Na- 1038 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 24 of 188 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 which shall be deemed an original, this the 20 20 ATTEST: 19th 1 counterparts, each one of (number) (Principal) Secretary (SEAL) Witness as to Pnncipal (Address) ATTEST: Mtn as to Suret/ 1,6 6 Homberg Lane (Address) Madison, WI 53716 day of October Pro Track and Tennis, lnc. By Principal s • z„.ci.o rye ? ,+sry0400 7409 North 160th Street (Address) Bennington, NE 68007 American Contractors indemnity Company By Attorrrl;y-in-Fact r Tracy Krause 801 South Figueroa Street, Suite 700 (Address) Los Angeles, CA 90017 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 25 of 188 TOKIO MART N E HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, TRACY KRAUSE its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 104522621 issued in the course of its business and to bind the Company thereby, in an amount not to exceed Three million and 00/100 ( $3 000 000.00 )_ This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the is' day of September, wit 'Be it Resotved, that the President, any Vice -President, any Assistant Vice -President, arty Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and ati consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling cr terminating the Company's (ability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be vafld and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attomey-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attomey-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 1" day of June, 2018-`Gooe"Tr'R'„y,. s' : SETT 21142G s_ State of California County of Los Angeles By: AMERICAN CONT CTORS INDEMNITY COMPANY S. to Ada Ad Pess€n, President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On this 1" day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors tndemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument t certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct WITNESS my hand and offfaiaf seal. Signature (seal) w.a a.:.e�.C,-,4 aTh•u,: 1111:13 EnopIRYII.I11:1 I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attomey and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, i have hereunto set my hand this 13th . day of Bond No. 100522621 Agency No. 700232 October 2020 = W : a:Campn 199 = ' G visit tmhcc.comisurety for more information Kio Lo. As nt Secretary eiCCSZZPOUCIConanme Page 26 of 188 ACORO° CERTIFICATE OF LIABILITY INSURANCE �� DATE (MMIDD/YYYY) 10/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Elite Insurance Services Inc 11909 P Street, Suite 203 Omaha NE 68137 CONTACT Kris Grube NAME: (A/c NNo. Ext): (402)691-8118 (Ac AX No): (402)691-8140 E-MAIL kris@eliteins4u.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Kinsale Insurance Co 38920 INSURED Pro Track And Tennis Inc 7409 N 160th St Bennington NE 68007 INSURER B : Progressive Northern 38628 INSURER C : Scottsdale Ins Co 41297 INSURER D : Service American Indemnity Company 38369 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:CL20101336759 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 0100129651-0 10/14/2020 10/14/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PRTORENTED PREMISES (RENTED occurrence) $ 100,000 X $5, 000 Per Claim Deductible MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE X Proj LIMIT APPLIES Fii Aggr Capped PER: LOC at $6M GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 Per Project Aggr(Capped@6M) $ B AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 02777658-0 10/14/2020 10/14/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE CXS0004760 10/14/2020 10/14/2021 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A SWC1240009 6/16/2019 6/16/2020 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Conractors Equipment MKLM7IM0052721 10/14/2020 10/14/2021 Rented/Leased Equipment $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waterloo Liesure Service is included as an additional insured on the General Liability as required by written contract per form CG2010 attached. CERTIFICATE HOLDER CANCELLATION travis.nichols@waterloo-ia.ox Waterloo Liesure Services Attn: Travis Nichols 1101 Campbell Ave Waterloo, IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Tim Lorang/GRUBE/. ��� ACORD 25 (2014/01) INS025 (zo14o1) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 27 of 188 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 19, 2020 and date of public hearing as November 23, 2020, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and instruct City Clerk to publish said notice. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 19, 2020 and date of public hearing as November 23, 2020, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Matt Schindel, Associate Engineer Summary Statement: Source of Funds: TIF Background Information: Clapsaddle-Garber Associates, Inc. Page 28 of 188 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 5, 2020 and date of public hearing as November 9, 2020, in conjunction with Demolition Services, Contract No. RD-2020-11-02P, located at 508 Bratnober Street and 811 Williston Avenue, and instruct the City Clerk to publish notice. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description Type ❑ RFB RACM Demo Contact # RD-2020-11-02P Backup Material u 508 Bratnober St Detailed Report Backup Material ❑ 811 Williston Ave Detailed Report Backup Material SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 5, 2020 and date of public hearing as November 9, 2020, in conjunction with Demolition Services,. Contract No. RD-2020-11-02P, located at 508 Bratnober Street and 811 Williston Avenue, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval 508 Bratnober Street and 811 Williston Avenue were acquired through Iowa Code 657A. 508 Bratnober was fire damaged and was completely destroyed and is currently a pile of rubble that was unsafe to test and abate for Summary Statement: asbestos. 811 Williston Avenue is also in very poor shape structurally and has a partially collapsed roof and a second floor that is falling down onto the first floor, and is also unsafe to test and abate for asbestos. Therefore both structures must be demolished as RACM (regulated asbestos containing material). Expenditure Required: Unknown Source of Funds: Nuisance Abatement GO bonds Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 29 of 188 CITY OF WATERLOO, IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos -Containing Materials (RACM)] (RACM) Demolition Contract # RD-2020-11-02P 508 Bratnober Street and 811 Williston Avenue City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Page 30 of 188 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (RACM) demolition, removal, disposal and site clearance of 508 Bratnober Street and 811 Williston Avenue All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday November 5, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — (RACM) Demolition Contract # RD-2020-11-02P, and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: Demolition and Site Clearance Services (RACM) Demolition Contract # RD-2020-11-02P - 508 Bratnober Street and 811 Williston Avenue October 19, 2020 1 p.m. Tuesday October 27, 2020 for both properties Thursday November 5, 2020 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (RACM) DEMOLITION CONTRACT # RD-2020- 11-02P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager (City's Representative) chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PSg1P3ifbf 188 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday November 5, 2019, at 1:00 pm (our clock) Central Time in the First Floor Conference Room, City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject properties. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PSgtP32f bf 188 bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder 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. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PSg1P33f bf 188 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) months, anticipated to be from the award of contract starting (November 9, 2020) to (March 9, 2020). 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PSgw54f bf 188 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for demolition with regulated asbestos containing material (RACM) of: 508 Bratnober Street and 811 Williston Avenue. 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. The City has designated these structures as immediate threat, structurally unsound, Regulated Asbestos Containing Material (RACM) structures, and their demolition and removal, including basements and cement slabs of basement -less structures, must be handled as such. The structures and basements (or slab of a basement -less structure) must be demolished and RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PSgW 55 of 188 removed in a single day; no partial demolition will be allowed. Because of the RACM demolition designation, the Bidder must be licensed/permitted to perform the type of work proposed herein. All RACM disposals will be delivered to the Black Hawk County Landfill site, and copies of all landfill tickets will be provided to the City of Waterloo. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluator's judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PSgt 36f bf 188 EXHIBIT "A" SIGNATURE PAGE 508 Bratnober Street and 811 Williston Avenue The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 508 Bratnober Street $ 811 Williston Avenue $ Total $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 37 of 188 EXHIBIT `B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE [removal of Regulated Asbestos Containing Materials (RACM)J PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representatives for this project are: Chris Western, Planner II/Project Manager, and Aric Schroeder, City Planner (collectively, City's Representative). 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the City's Representative, the Contractor shall: A. Remove and properly dispose of all structures, incidental demolition debris, basement walls, floors, foundations, private sidewalks (excludes public sidewalk in street right-of- way), steps, driveways and all trees from the specified properties. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets Page 38 of 188 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Representative determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. There shall be Asbestos Warning placards placed in at least the corners of the fence. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch 2 Page 39 of 188 or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, street lights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway subdrains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP 3 Page 40 of 188 A. Title: The property address or legal description will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures and other property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. Only materials that are not RACM may be salvaged or taken to anywhere other than the Black Hawk County Landfill. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work, or consider an amendment to extend the term of the Contract. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. 4 Page 41 of 188 PART 1A — REGULATED ASBESTOS CONTAINING MATERIALS (RACM) The properties to be demolished have been declared unsafe to enter. Therefore, the structures have not been tested for asbestos. All structural debris must be treated and handled as RACM. Demolition and removal of structures, including basements and cement slabs of basement -less structures, must be accomplished in a single day; no partial demolition will be allowed. The Contractor will be required to have all permits and licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce Development (IWD), and the Occupational Health and Safety Administration (OSHA) for handling RACM. The Contractor will be responsible to ensure that demolition activities are carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as all other federal, state, and local regulations. The Contractor shall employ good demolition techniques, including but not limited to: 1. Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos. 2. Using demolition techniques to minimize the excessive breaking of materials. 3. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 4. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce the exposure to airborne material. 5. Proper handling and covering of all loads to prevent RACM material from becoming airborne during hauling. 6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT and IDNR requirements. 7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites and shall be disposed of using techniques to minimize the potential for debris or dust to become airborne. 8. Manual cleaning of the demolition site to remove all asbestos materials from the site. 9. All trucks and/or trailers must have solid metal end -gates. If city water is not available, the Contractor shall have a water truck on standby during the demolition to maintain a sufficient source to maintain wetting of RACM. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed as well as the RACM designated structures. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the contract after being notified by the City with a Notice to Proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. With respect to each separate property, Contractor shall complete all demolition work and debris removal required by these specifications within the same business day of starting the work. If Contractor is prevented from timely 5 Page 42 of 188 completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall not be allowed to salvage RACM demolition materials from any property on this project. Non-RACM material (such as private sidewalks and driveways, trees, or other landscaping features) may be salvaged or disposed of in other than the Black Hawk County Landfill. No salvaging or removal of any material shall occur until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance. 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, slabs of basement - less structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed as RACM. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the basement area at the Contractor's expense. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. 6 Page 43 of 188 D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non -contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. Any sand point 7 Page 44 of 188 well shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of RACM materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, and any other federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: There will be no separation of any of the before listed materials as all structures have been identified as unsafe to enter and RACM. D. Disposal of Demolition Debris and Solid Waste: 1. All RACM debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for each structure demolished, where available, which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: There will be no asbestos testing or abatement as all structures have been identified as unsafe to enter and RACM. The handling of asbestos material is subject to all applicable state and federal mandates. F. Freon Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACM. G. PCB and Mercury Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACM. 2.06 BACKFILL, GRADING, AND CLEAN UP 8 Page 45 of 188 A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 9 Page 46 of 188 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with utility companies for disconnection of services, including but not limited to electricity, natural gas, cable television, interne and phone A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The location of the sanitary sewer main, if known, will be provided by the City to the best of its knowledge. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor shall contact the Waterloo Building Inspections Department for compliance with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor shall contact the Waterloo Water Works for compliance with this specification. C. Backfill and Compaction within City Right -of -Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treazure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. 10 Page 47 of 188 For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all USDOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during the project to the City's Representative, which identify the disposal site, the Black Hawk County Landfill, for all RACM material. Such copies of tickets shall be required to process invoices from the Contractor. 11 Page 48 of 188 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations with SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 12 Page 49 of 188 Exhibit "C" CONTRACT # RD-2020-11-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos Containing Materials (RACM)] 508 Bratnober Street and 811 Williston Avenue This Contract for Demolition and Site Clearance Services (with RACM) (the "Contract") is entered into as of November 9, 2020 by and between the City of Waterloo, Iowa ("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of 4 months 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 RFB 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 Bid b. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance e. Building Demolition Insurance and Bond Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed 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 Page 50 of 188 Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties. 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. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. 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. 7. 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: 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; 2 Page 51 of 188 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. 8. 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. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. 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. 11. 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 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. 12. 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 3 Page 52 of 188 enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. 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 Company Name Attest: Kelly Felchle, City Clerk 4 Page 53 of 188 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-23-207-007 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 PDF No. Map Area Contract Buyer 6 NWTLO-01 Property Address Current Recorded Transfer 508 BRATNOBER ST WATERLOO, IA 50703 ate Drawn Date Filed Recorded Document Type /24/2020 2/25/2020 2020 014615 D SALES BUILDING PERMIT Date AmountNUTC / Type None 8/30/2018324 FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12 / Deed 5/8/2009 15,000 TRANSFER TO/BY ESTATE - 09/11 / Deed ASSESSED VALUES/CREDITS Year Class 2020 Values- Taxable Value does not include Rollback at this time and will be applied in November R 100% Value Land Dwelling Building Total Acres /2,180 0 0 2,180 0 Taxable Value Land Dwelling Building Total 2,180 0 0 2,180 Year Class 2019 R 100% Value Land Dwelling ` Building Total Acres 3,360 8,860 0 12,220 0 Taxable Value Land Dwelling Building Total 1,850 4,880 0 6,730 Year Class 2018 R 100% Value Land Dwelling Building Total Acres 3,360 22,150 0 25,510 0 Taxable Value Land Dwelling Building Total 1,912 12,607 0 14,519 Year Class 2017 R 100% Value Land Dwelling Building Total Acres 3,360 22,150 0 25,510 0 Taxable Value Land Dwelling Building Total 1,869 12,320 0 14,189 Page 54 of 188 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323207007 10/12/2020 Black Hawk County Detailed Parcel Report Page 2 of 2 I_ TAX INFORMATION ASSESSMENT YEAR 2019 PAYABLE 2020/2021 Tax District 940001 - WATERLOO Gross Value Taxable Value Levy Rate Gross Tax _ Net Tax Corp 12,220 6,730 40.46092 $272.30 $272.00 Nocor• 0 0 25.02441 $0.00 Homestead Credit Property Tax Relief Credit Ag Credit Family Farm Credit 'Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 ABBREVIATED LEGAL VRICKER AND BRATNOBER LAND CO A DD W 40 FT LOT 14 BLK 9 LAND Basis Front Rear Side 1 Side 2 ILot Area Acres Front Foot 40 40 52 52 0 2080 0.048 Totals: 2080 0.048 Entry Status: Vacant Date Website Last Updated: 09/11/2020 Page 55 of 188 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323207007 10/12/2020 Cit11 of Waterloo, Iowa IIISI N W+E S Page 56 of 188 508 Bratnober St — RACM Demolition Looking at the front of the house, which is a pile of rubble. Public sidewalk to remain (protect), private walk to be removed. Trees to be removed. Looking at the pile of rubble, which includes tires, mattresses, and miscellaneous debris. Looking at the fence and trees to be removed. Building on adjacent property to remain (protect). Page 57 of 188 Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-26-459-020 CITY OF WATERLOO CITY OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 PDF No. Map Area Contract Buyer 17 CWTLO-10 Property Address Current Recorded Transfer 811 WILLISTON AV WATERLOO, IA 50702 ate Drawn Date Filed Recorded Document Type /15/2018 2/19/2018 2018 013539 D SALES BUILDING PERMIT ate AmountNUTC / Type 1None 0/5/199017,500 r SALE BY LENDING INSTITUTION OF PROPERTY ACQUIRED AS RESULT OF ... - PRIOR 09 / Contract ASSESSED VALUES/CREDITS Year Class 2020 Values- Taxable Value does not include Rollback at this time and will be applied in November E 100% Value Land Dwelling Building Total Acres 8,070 9,360 0 17,430 0 Taxable Value Land Dwelling Building Total 0 0 0 3 Year Class 2019 E 100% Value Land Dwelling ` Building Total Acres 8,070 9,360 0 17,430 0 Taxable Value Land Dwelling Building Total 0 0 0 3 Year Class 2018 E 100% Value Land Dwelling Building Total Acres 8,070 38,140 0 46,210 0 Taxable Value Land Dwelling Building Total 0 0 0 3 Year Class 2017 R 100% Value Land Dwelling Building Total Acres 8,070 38,140 0 46,210 0 Taxable Value Land Dwelling Building Total 4,489 21,214 0 25,703 TAX INFORMATION ASSESSMENT YEAR 2019 PAYABLE 2020/2021 1940001 - WATERLOO Page 58 of 188 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326459020 10/12/2020 Black Hawk County Detailed Parcel Report Page 2 of 3 Tax District Gross Value Taxable Value Levy Rate Gross Tax Net Tax Corp 0 0 40.46092 $0.00 $0.00 Nocorp 0 0 25.02441 $0.00 Homestead Credit Property Tax Relief Credit Ag Credit Family Farm Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 ABBREVIATED LEGAL POMMERS SUBDIVISION LOT 11 BLK 1 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 39 39 112 112 0 4368 0.1 Totals: 4368 0.1 DWELLING CHARACTERISTICS Type Style Total Living Area Single -Family / Owner Occupied 2 Story Frame 1144 Year Built Area Heat AC Attic 1906 572 Yes Yes Floor & Stairs Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 6 0 3 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp / Vinyl Exterior Walls Interior Finish Alum Plas Roof Asph / Hip Non -Base Floor/Wall Pipeless Handfired Space Heaters Heating Plumbing1 Full Bath 1 Toilet Room < Style Area Porch 1S Frame Enclosed 144 1 S Frame Enclosed 48 GARAGES Year Built Style pNidth Length Area Basement Qtrs Over Area AC 1970 Det Frame 124 24 576 0 None 0 0 BASEMENT STALLS None Entry Status: Estimated Page 59 of 188 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326459020 10/12/2020 Black Hawk County Detailed Parcel Report Page 3 of 3 6 8 1S FR EP [48] 26 2S B A FR [MAIN] [572] 22 1S FR EP 8 [144] 18 Date Website Last Updated: 09/11/2020 Page 60 of 188 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326459020 10/12/2020 Cit11 of Waterloo, Iowa Page 61 of 188 811 Williston Ave — RACM Demolition Looking at the front of the house. Public sidewalk to remain (protect), private walk to be removed. Trees to be removed. Looking at the rear of the property and the detached garage, and trees to be removed. Shed on adjacent property to remain (protect). Standing in the alley looking at the rear of the property at the detached garage and trees and garage approach to be removed. Fence on adjacent property to remain (protect). Page 62 of 188 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net decrease of $4,378, in conjunction with asbestos abatement services, Contract No. AB-2020-08-8P, and authorizing the Mayor to execute said document. City Council Meeting: 10/19/2020 Prepared: 10/13/2020 ATTACHMENTS: Description D Change Order #1 ❑ Asbestos Abatement Contract #AB-2020-08-8P SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material Backup Material Motion approving Change Order No. 1 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net decrease of $4,378, in conjunction with asbestos abatement services, Contract No. AB- 2020-08-8P, 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 $158,400.00. The contract included the asbestos removal on 8 properties, including 1809 Black Hawk Street for $7,600. The City of Waterloo needs to amend the contract to remove the property at 1809 Black Hawk Street from the scope of work, because the City plans to move forward with a development agreement with a developer that will redevelop the property, and the developer will be responsible for asbestos abatement. The City also owns the property at 242 Hogle Street and just recently obtained asbestos testing results for that site, and are requesting this change order to remove 1809 Black Hawk Street from the scope of work, but to add 242 Hogle Street to the scope of work. Advanced Envirnomental submitted a bid of $3,222 to remove the asbestos from 242 Hogle Street. So the net decrease for the proposed change order would be $4,378, for a revised total contract amount of $154,022. None (for the change order, as it is a net decrease) N/A Nuisance Abatement Page 63 of 188 Change Order Proposal Submitted To: City of Waterloo Aric Schroeder 715 Mulberry St Waterloo, IA 50703 Project & Address: Change order 1 #AB-2020-08-8P Awarded 9/8/20 1809 Black Hawk St and 242 Hogle St Waterloo, IA Date: 10/13/2020 ENVIRONMENTAL --II ."� I IN1. AN11 all !Ali 11411.I. T, INC.•-.- 803 Ricker St Waterloo, IA 50703 Phone: 319-287-4447 Fax: 319-287-4449 WE HEREBY PROPOSE to furnish all the materials, equipment and perform all labor for the completion of: Deduct from Black Hawk Street being removed from contract Add for Asbestos Removal 242 Hogle St -$7,600.00 $3222.00 Original Contract $158,400.00 Net Contract Decrease --$4,378.00 Revised Contract Amount $154,022.00 Respectfully Submitted, ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC Michael Poe ACCEPTANCE OF CHANGE ORDER The price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment(s) will be made as outlined above. Signature: Date: Name & Title(PRINT): Page 64 of 188 EXHIBIT "A" CONTRACT #AB-2020-08-1P FOR ASBESTOS ABATEMENT SERVICES 120 Center Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of September 8, 2020, by and between the City of Waterloo, Iowa ("City") and Abatement Specialties L.L.C., Cedar Rapids Iowa. In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of four (4) weeks after the DNR 10 day waiting period, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, 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. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. 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 the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, 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 plans and 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. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $158,400.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been Page 65 of 188 returned to Contractor with Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty (30) days after issuance of the IDNR Ten Day notice. 4. Performance Bond. Contractor shall furnish a 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 shall save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond 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 payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 8. 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 2 Page 66 of 188 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: 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. 9. 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. 10. 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 3 Page 67 of 188 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 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 Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelly Felchle, City Clerk Michael Poe Advanced Environmental Inc. Waterloo, Iowa 4 Page 68 of 188 CITY OF WATERLOO Council Communication Resolution approving the process of mud jacking for residential and commercial repair of concrete sidewalk sections that have sunk or become uneven and are not fractured, cracked, or broken. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Submitted by: Resolution approving the process of mud jacking for residential and commercial repair of concrete sidewalk sections that have sunk or become uneven and are not fractured, cracked, or broken. Submitted By: Pat Morrissey, Ward 3 Council member Page 69 of 188 RESOLUTION APPROVING THE PROCESS OF "MUD - JACKING" FOR RESIDENTIAL AND COMMERCIAL REPAIR OF CONCRETE SIDEWALK SECTIONS THAT HAVE SUNK OR BECOME UNEVEN AND ARE NOT FRACTURED/CRACKED/BROKEN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That this resolution directs the appropriate City of Waterloo, Iowa departments to include a specification that mud jacking may be used by residential and commercial property owners where its use is an option to total reconstruction of designated sidewalk sections deemed out of compliance. PASSED AND ADOPTED this th day of October 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 70 of 188 CITY OF WATERLOO Council Communication Resolution approving Consent to Transfer and Assignment Agreement with Bob C. Moore and 401 Devonshire, LLC, for property located at 401 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/19/2020 Prepared: 10/13/2020 ATTACHMENTS: Description Type D Consent to Transfer and Assignment Agr. Backup Material ❑ Development Agreement Backup Material SUBJECT: Resolution approving Consent to Transfer and Assignment Agreement with Bob C. Moore and 401 Devonshire, LLC, for property located at 401 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Resolution approving consent to transfer and assignment The City and 401 Devonshire, LLC entered into a development agreement on August 19, 2019 for the construction of a single-family home at the southwest corner of Ansborough Avenue and Devonshire Drive. Summary Statement: Devonshire 401, LLC desires to convey the property to Bob C. Moore, which is set forth in the attached Consent to Transfer and Assignment Agreement. This agreement will allow that, as he is transferring it from a company he owns to his name. Expenditure Required: None Source of Funds: N/A Alternative: N/A Background Information: There is no change in the developer, he is just transferring the property from a business name, to his personal name. Page 71 of 188 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. 319-234-5701 CONSENT TO TRANSFER AND ASSIGNMENT This Consent to Transfer and Assignment (the "Consent") is entered into as of 2020, by and among the City of Waterloo, Iowa ("City"), Bob C. Moore ("Assignee"), and 401 Devonshire LLC ("Assignor"). RECITALS A. City and Assignor entered into a certain Development Agreement (the "DA") dated August 19, 2019 and recorded October 7, 2019 as Doc. No. 2020-6444, concerning the development and use of real property as described therein (the "Property"). Assignor desires to convey the Property to Assignee, and Section 11 of the DA permits Assignor to convey the Property and assign his rights under the DA to a separate company that he owns or controls. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Assignee does hereby agree to assume all duties of performance owed by Assignor as "Developer" under the DA, including but not limited to the covenants and obligations set forth in any agreement or instrument ancillary or collateral to the DA. Assignee represents and warrants to City that he is the owner and managing member of Assignor and that the assignment is necessary to facilitate financing for the project. 2. Assignor hereby assigns to Assignee all of Assignor's right, title and interest in and to the DA, including but not limited to all claim or right to any development incentives provided for therein. 3. City does hereby approve and consent to the transfer of ownership of the Property from Assignor to Assignee and to Assignee's assumption of Assignor's responsibilities under the DA, subject to no term, condition, or covenant other than those set forth in this Agreement. Page 72 of 188 4. This is the entire and integrated agreement of the parties with respect to the subject matter hereof. It is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. This Agreement may not be amended except in a written instrument signed by both parties. This Agreement may be signed in any number of counterparts, each of which, including signatures transmitted by facsimile or other electronic means, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Consent to Transfer and Assignment by their duly authorized representatives as of the date set forth above. CITY OF WATERLOO, IOWA 401 DEVONSHIRE LLC By: Quentin Hart, Mayor By: Bob C. ore, Managing Member Attest: Kelley Felchle, City Clerk 2 BP C. Moore, individually as Assignee Page 73 of 188 Page 1 of 12 b-y t Wal-elr\Oo Preparer Information: Noel Anderson Doc ID. 009674690012 Type GEN Recorded: 10/07/2019 at 02:28:50 PM Fee Amt: $62.00 Page 1 of 12 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2020-00006444 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of k.6\ , by and between 401 Devonshire LLC ("Developer") and the City oiWaterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct a single-family and related improvements on property located at on Devonshire Drive in Waterloo, generally described as parcel 8913-33-427-012, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Developer for the sum of $1.00. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is File Number: 2020-00109 444 §eq1 �1�,9) l9- Page 2 of 12 DEVELOPMENT AGREEMENT Page 2 mutually agreeable to the parties, but in any event not less than 14 days after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will construct on the Property a single-family dwelling with attached garage, substantially in accordance with the floor plans attached hereto as Exhibit "B". The dwelling shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. Construction. Developer must begin construction of the Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twelve (12) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option title to the Property shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension, the title to the Property shall revert to the City after the end of said period. File Number: 2020-00#41444 §e1�; Page 3 of 12 DEVELOPMENT AGREEMENT Page 3 4. Reverter of Title. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Developer. Concurrently with the deed, Developer shall deliver to City the abstracts of title for Property conveyed. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney -in -Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. 5. Maintenance of Drainage. Developer acknowledges that drainage of the site is of utmost importance in the area. Developer agrees that, in undertaking the Project, he will not fill, improve, re-route or in any way alter the existing drainage on site without the express prior written consent of City. 5.1. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. 6. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-collateralize the Property to support the construction of improvements on any other real estate. File Number: 2020-00109#4dtt (§eKg83 Page 4 of 12 DEVELOPMENT AGREEMENT Page 4 8. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 11. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City File Number: 2020-0(189 444 §el 4 Page 5 of 12 DEVELOPMENT AGREEMENT Page 5 may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to Bob C. Moore, 5850 Summerland Drive, Waterloo, Iowa 50701 for 401 Devonshire LLC. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion File Number: 2020-00199544 q 85 Page 6 of 12 DEVELOPMENT AGREEMENT Page 6 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Q. V Q � Quentin M. Hart, Mayor b C. Moore, for 401 Devonshire LLC Attest: Kelley Fe(hle, City Clerk File Number: 2020-0g89#444 §q':;g6 Page 7 of 12 See attached plat of survey EXHIBIT "A" Legal Description of Property File Number: 2020-0018944 o§el B7 Location Lot 22, pgyrraatipl2 Byrnbrae Second Addition, City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Recorded: 06/26/2019 at 11:34:22 AM Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2019-00019609 Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Parcel "E" of the SE 1/4, Sec. 33, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Parcel "E" Description: That portion of Lot 22, Byrnbrae Second Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the northeast corner of said lot 22; thence South 02°04'22" East 141.51 feet along the east line of lot 22 to the southeast corner of lot 22; thence South 89°10'05" West 17.44 feet along the south line of lot 22 to the northeast corner of Graceland Terrace Condominiums; thence North 01'58'23" West 141.51 feet to the north line of lot 22; thence North 89'11'58" East 17.19 feet along the north line of lot 22 to the point of beginning, containing 2,450 square feet. The south line of Byrnbrae Second Addition is assumed to bear North 89°10'05" East for the purpose of this description. West line Byrnbrae Second Add Devonshire I trrflv 60' ROW /j NW Coor. Lot 12 Fd. #4 rebar w/damaged yellow ID cap 142.15' P (141.93' N 02°04'O13" VV) 697.7' P (N 89°11'58" E 698.25')- 773.2' P (N 89°11'58" E 773.20) \ (57.76') (N 89°11'58" E) 75.5' P (74.95') Fd. 1" open pipe SW Cor. Lot 12 Fd. 2" open pipe Fd.1" pinch pipe with broken top 20 139' (139.81') yrnbrae 2nd Addition 21 Fd. 1" open pipe Fd. 1/2" barw/out ID cap 0.8' south of line. Held for east/west postion, but replaced with #5 rebar Platted 10' Utilty Easement w/blue ID cap "Iowa 19715" 695.0' P N 8910'05" E 694.72')- 139' (139.38') 755.8' 46 (N 8990'05" E 755.761- 773.2' P (N 89°10'05" E 773.20)- - - - - 22 Remaining Lot 22 Area: 8,405 SF 78.2' P (78.48') / (61.04') t (S 89°10'05" W) / Graceiand Terrace (Condominiums Fee Book #2006 29364 Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa -State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel Letter "E" assigned by the Black Hawk County Auditor's Office on June 17, 2019. 4. Surveyed area of Parcel "E": 2,450 SF 5. P - Platted measurement; % - Measurement per survey Fee Book #2006 29364; 0�ssION4a G7 Q ° I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and Qo WO LIAM ° ;� that I am a duly licensed Land Surveyor under the �, W. a z 1 CASTLE m �" 39715 °" pc laws of the Sate of fa. ] // /y�/ y' / 6.18 ,' William W. Castle, PLS Date °m°°pe°°t a /O W r1 '� License Number 19715 .,1:;<'= My License Renewal Date is December 31, 2019. Pages or sheets covered by this seal : l f 2W N = N N m o r v Fd. #4 rebar wlyellow ID cap "Iowa - 8033" Plat Legend: (17.19') (N 89°11'58" E) POB Placed "X"in PCC pavement (17.44') (S 89°10'05" W) Fd. #4 rebar w/yellow ID cap "Iowa - 8033" .. 1 ▪ 1 ao cto ,� ¢i c0 e3 0 03 0 25 50 (123.45') Field Measurement Scale: 1 inch = 50 feet O Found Monument O Set 5/8"x24" Rebar w/Blue Cap "Iowa-19715" ® Cut "X" in concrete, found or set 123.45' Record Measurement City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: 4-24, 5-25, & 6-21-19 Date Drawn: 6-18-19 Sheet No. 1 of 1 (7) File Number: 21020-0q0 4 4 c el f' 88 Page 9 of 12 See attached. EXHIBIT "B" Floor Plans File Number: 2020-012194 gelq189 1?Ige 10 of 12 t.. Wide 1 gocpIL .2: Beth ' Main level,. Total Finish!' Garage: • . Loft: 1, 2 Cr: aragp • . • • t • • • r 11: INN 11 `14.1 —41...-""i ERR ••••v4,4 11178 sq. Ft Plari 29435 1 Price Code B 1878, S'q. 472 Sq. 318 Sq. Ft. 1, French Country Style Covered Patio 01 K. 2 10 Pantry Bro3 11 x 11 L_J o! 10'-0" Ceiling 6 10 16 )s 12 4. Mbr, 4 6 14 x 14 Cath. Cell. 0 UP In Grt. Rm. 0 0 16 x 20 Cath. Ceil. Covered Porch A o 1=-1 Bench/ - Lockers Gar. 4 0 19 x 22 AdvancedHousePlans.com To order this plan, visit www.menards.com or visit local Menards store File Number: 2020-00003§eyt3&ffqBtO Page 11 of 12 N111111101=1111111plv AIM& .411111111111111ill N. MI • • I. • _7d 110,1 =II • A IM1 111 , I r —, = LEFT ELEVATION .411•••=. -......1••••••••••••••• ■•••■•••■••••••••■•••111MIMMINIMMEMMEMMEMMEMEMMEN•••••••••11.1MIMIIIMINNO.M11101.1••••••••••••••••.. Eln••••••••••••••••••IMMIIIMMIIIIMMIEN•••••••••.••••••••••••••••MMISMIEMEIN•••••••••1111•••••••••••••••••, INE•••••••••==.••=•••=1WINIMMINEMIII••••••••••••••••=•••=••=1=m1•Mm1111•1=MNIMMIN•••••••=1.101. 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Ft. Plan 29311 1 Price Code B Garage 26'-0" Wide Second Level : 1053 Sq. Ft. 62' 0" Deep Total Finished: 1962 Sq, Ft. e\AJ L€ rry. Ft. b.! 3 Beds] 3 Baths l 2 Car Garage l Craftsman Style Covered Patio UP DN Covered Stoop Bfsto 128x 132 o 3 d Ka 96x 15c`- Catch -AI I--\ Bench & Lockers Cara 1 ex 238 AdvancedHousePlans.com a d v a n c e d hoLlseplatls 1-844-675-9638 To order this plan, visit www.advancedhouseplans.com File Number: 2020-000i6435Sq;42 CITY OF WATERLOO Council Communication Resolution approving a Real Estate Purchase Agreement with AKE LLC, in the amount of $34,000 with up to $5,000 in closing costs, to purchase a lot south of 3175 Logan Avenue, parcel number 8913-02-476-048, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description Type D Map Backup Material SUBJECT: Resolution approving a Real Estate Purchase Agreement with AKE LLC, in the amount of $34,000 with up to $5,000 in closing costs, to purchase a lot south of 3175 Logan Avenue, parcel number 8913-02-476-048, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Resolution approving a Real Estate Purchase Agreement with AKE LLC., in the amount of $34,000 with up to $5,000 in closing costs, to purchase a lot south of 3175 Logan Avenue with a parcel number 8913-02- 476-048. Summary Statement: The property will provide for an additional industrial lot along the Logan Avenue/Highway 63 Corridor. The parcel is 0.61 acres in size and is excess land that the current owner did not need for his business that is located across the road at 3160 Logan Avenue. Expenditure Required: $34,000 plus up to $5,000 in closing costs. Source of Funds: Bonds Policy Issue: Property Acquisition/Economic Development. Legal Descriptions: That part of the East One-half of the Southeast Quarter of Section No. 2, Township 89 North, Range No. 13 West of the Fifth Principal Meridian in Black Hawk County, Iowa, described as follows: Beginning at a point that is 883.51 feet North and 33 feet West of the Southeast corner of said Section; thence South 89°06'59" West a distance of 297 feet; thence South 00°04' 16" East parallel with the East line of said Section a distance of 90 feet; thence North 89°05'59" East a distance of 297 feet; thence North 00°04' 16" West a distance of 90 feet to the point of beginning. Except that part conveyed to the State of Iowa for road purposes Page 86 of 188 in 548 LD 713. Page 87 of 188 Citij of Waterloo, Iowa N W-4>E S Page 88 of 188 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with Scott Ford to allow for a 27-foot by 28-foot accessory structure, located at 1661 Wakonda Drive, that encroaches 3-foot into the right-of-way of West Donald Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description ❑ Staff Report ❑ Signed EA Agreement ❑ Overview Map ❑ Aerial Map ❑ Pictures ❑ Mid American Email ❑ Water Works Site Map ❑ Application SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Type Cover Memo Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Resolution approving an Encroachment Agreement with Scott Ford to allow for a 27-foot by 28-foot accessory structure, located at 1661 Wakonda Drive, that encroaches 3-foot into the right-of-way of West Donald Street and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval Resolution approving an Encroachment Agreement with Scott Ford to allow for a partially constructed 27' X 28' accessory structure at 1661 Wakonda Drive that encroaches 3' into the right-of-way of West Donald Street. The applicant has partially constructed, without permits, a 27' X 28' accessory structure under the power lines. The partially constructed building is located 3' into city owned right-of-way. When City staff learned of the construction, the applicant was issued a stop work order to cease construction of the building. The Planning and Zoning Commission at their regular meeting on October 6, 2020 unanimously recommended approval of the request. In addition Mr. Ford signed an encroachment agreement with conditions on October 13, 2020. None Page 89 of 188 Source of Funds: N/A Policy Issue: Background Information: Strategy 3.5: Continue to engage with local public partners to identify cost savings, streamline efforts, and improve efficiently in City operations and activities. Scott Ford worked with David Kline with Mid -American Energy at the project location. Kline noted he was able take a measurement against the actual truss slope and all the applicable clearances. Kline noted all requirements for the placement of the accessory structure have been meet according to National Electric Safety Code. Therefore, staff recommends that the request for an encroachment agreement to allow for a 27' X 28' accessory structure to be constructed 3' into city owned right-of-way at 1661 Wakonda Drive be approved for the following reasons: 1. This section of West Donald Street has excessive right-of-way, so it is difficult for homeowners to use their back yards for open space and accessory buildings. And with the following conditions: 1. That the property owner bring the garage structure up to meet all necessary Building Code, City Ordinance, and other code requirements including, but not limited to, framing, electrical, footings as required, internal and external drainage systems, etc. 2. That the property owner meet the NESC standards, as determined by MidAmerican Energy, for safety of the structure located partially under the power lines in the area, including being responsible for any costs to move power lines if required by MidAmerican Energy. Legal Descriptions: GREENBRIER SECOND ADDITION LOT 10 Page 90 of 188 October 19, 2020 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: Request for an encroachment agreement to allow a 27' X 28' accessory structure to be constructed 3' into city owned right-of- way at 1661 Wakonda Drive. Scott Ford, 1661 Wakonda Drive, Waterloo, IA 50703 The applicant is requesting approval of an Encroachment Agreement for a partially constructed 27' X 28' accessory structure that was constructed 3' into West Donald Street's City right-of-way. The request could have a negative impact upon the surrounding area, as approval of the encroachment could set precedence for other properties in the area to request to have similar encroachments onto city right-of-way. The request would not appear to have a negative impact upon pedestrian or traffic conditions in the area. There are no sidewalks along Wakonda Drive or West Donald Street. The Cedar Valley Lakes Trail is located approximately 1,000 feet south of the project site. The lot in question is zoned "R-2" One and Two Family Residence District, and has been zoned as such since the adoption of the City of Waterloo Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential Development, zoned "R-2" One and Two Family Residence District. South — Vacant Land, Tibbits Park, zoned "A-1" Agricultural District East — Residential Development, zoned "R-2" One and Two Family Residence District. West — Residential Development, zoned "R-2" One and Two Family Residence District. The adjacent surrounding properties are residential that were primarily constructed in the 1960's. No buffers or additional screening is needed with this request. The request would not appear to have a negative impact on drainage in area. No portion of the lot in question 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 0188F, dated July 18, 2011. The nearest park is the Tibbits Park and Baseball Complex and is located on the south side of West Donald Street, abutting the Encroachment Agreement — 1661 Wakonda Drive PSgEP9if6f 188 October 19, 2020 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: TECH REVIEW COMMITTEE: southern portion of the lot in question. Lincoln Elementary School is located approximately 0.75 miles to the southeast, George Washington Carver Academy is located approximately 1.6 miles to the southeast, and East High is located approximately 3 miles to the southeast of the project site. The nearest utilities are an 8' water line north of Wakonda Drive and there is an 8" sewer line underneath Wakonda Drive. There are no utilities located underground within the encroachment area, but there are overhead utilities within the encroachment area. The partially constructed garage is located directly under an overhead 8,000 volt power line as well. The Future Land Use Map designates the area as Low Density Residential. In the past, encroachment agreements the City has entered into have included provisions that allow the City to give a notice of termination of the agreement if the right-of-way or utility easement is needed for any future public purposes, and requiring that the city have no liability for any damage that may occur. The applicant has partially constructed, without permits, a 27' X 28' accessory structure under the power lines. The partially constructed building is located 3' into city owned right-of-way. When City staff learned of the construction, the applicant was issued a stop work order to cease construction of the building. Reviewing the neighborhood, specifically along the West Donald Street right-of-way, it should be noted that there are other accessory structures (portions of garages, sheds, and fences) within the City right-of-way. The property line along the north side of West Donald is approximately 38' back, whereas a typical property line from roadway distance is closer to 12'-14'. So it is a smaller backyard usable area for many of the homes along this portion. A representative with Mid -American did have some concerns regarding to the request due to the accessory structure being directly under a power line. Email follow up from MidAmerican will note that the garage to the east of the applicant's partial structure was built in 1982 and does meet the 15'-0" primary clearance from the garage roof to the primary line, as required by the NESC (National Electric Safety Code). While not ideal for the location of the proposed structure, MidAmerican would definitely want the new structure to meet this standard if allowed to remain in the current location. The applicant will also work with Mid -American to make sure are regulations are Encroachment Agreement — 1661 Wakonda Drive PSgEP 92f 6f 188 October 19, 2020 STAFF ANALYSIS — SUBDIVISION ORDINANCE: met concerning any power lines directly over the accessory structure. Scott Ford worked with David Kline with Mid -American Energy at the project location. Kline noted he was able take a measurement against the actual truss slope and all the applicable clearances. Kline noted all requirements for the placement of the accessory structure have been meet according to National Electric Safety Code. The Planning and Zoning Commission at their regular meeting on October 6, 2020 unanimously approved the request. In addition Mr. Ford signed an encroachment agreement with conditions on October 13, 2020. There is no platting required for this request. STAFF Therefore, staff recommends that the request for an encroachment RECOMMENDATION: agreement to allow for a 27' X 28' accessory structure to be constructed 3' into city owned right-of-way at 1661 Wakonda Drive be approved for the following reasons: 1. This section of West Donald Street has excessive right-of- way, so it is difficult for homeowners to use their back yards for open space and accessory buildings. And with the following conditions: 1. That the property owner bring the garage structure up to meet all necessary Building Code, City Ordinance, and other code requirements including, but not limited to, framing, electrical, footings as required, internal and external drainage systems, etc. 2. That the property owner meet the NESC standards, as determined by MidAmerican Energy, for safety of the structure located partially under the power lines in the area, including being responsible for any costs to move power lines if required by MidAmerican Energy. Encroachment Agreement — 1661 Wakonda Drive Pg'g@o93f 6f 188 Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 czt cil sw E cd r.- +acn -O a) Uact cd bA4. 4-'- r.R, ' o071 Qo • ,� 0 �•bA ;, o a-) o , 'el 41 (4141 CCI _ N Oci0 s O U d >js,.s-,O s UOCA +' N ccl O ) N4) U d U O,. �a� U O [� �as,a_)� 0 cd s� O CD \p00 ^ 0 t�+ ., rip E 79 1v a) bA U '� + +dJ V1 a3 cn N -- N�✓'('d+'4 M cd [CU� N '�'U �' +'-p n , vc' o U,0 d (-0� 'cd U s,. 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O o 1 • 4 by �. �• �n 0 ° H�a+_, d a) . �-0.0o ,0 c.� a) 1-1 bA rn 0 �•� v on 4/3 • •H 1) 8 .O ° sa, rct U cry z a).5 o' 3�0 o o o .t4 rct0 a rdp g H I!) cd •� —0 3 O -0 v n k.4) Io a N pi o 6.0 cd H friro o -U�U cn co o O 0 U 9 i a, 4-1 0 0 a•' �, �� a W tj I ro a cr, 0 0 0 aIi ID aD -10 v O a� W O a. 4-4 cd O .= cn c a, oID "O• City of Waterloo Kelley Felchle, City Clerk Public in and ID ID a) -01 0 0 CD 421• 4-1 • O a) 151 CiM 0 O (1'] 3-1 Cid . • ID � U 5 U 0 7i 0 a) 0 bn o U 9] • ID /51 00 tA -g O •E H 'O a Page 95 of 188 Wakonda Drive Ct 0 co peol eu!peW ucture 27' X 2 0 4) 0 U U W Donald'Street Encroachment Area 3' X 2 Pagc 96 of 88 City of Waterloo Planning, Programming and Zoning Commission October 19, 2020 A-1 A-1 I l HYPiERION DR c�ZZ2 • R-2 "' R o w o z OAKWOOD DR J Q WOODMAIYR DR ONDA DR DONALD ST M-2 C-1 0 11 Q. z 0 73 FAIRFIELD LUCAS STT w 0' MIDLAND ST F_ >- Z NORTHEYST— 0 VIRGINIA ST R-2 AVIS CT 1661 Wakonda Encroachment Agreement Scott Ford Page 97 of 188 w' E F ,���jj 7 T� 1,000 500 0 1,000 %rl00 AO Feet City of Waterloo City Council October 19, 2020 1661 Wakonda Drive Enroachment Agreement Area Map W E ,,,�� ,. /kr �r � r ; 'T� �nyl oferloo \o Scott Ford Page 98 of 188 1661 Wakonda — Encroachment Agreement Looking toward garage under construction. Looking at garage, travel trailer and overhead wires of MidAmerican. Page 99 of 188 Looking at garage on neighboring property that is built on city right-of-way. Looking at end of driveway (property line), overhead wires and garage. Page 100 of 188 Garage and power lines. Looking west showing other properties that may be encroaching on right-of-way. Page 101 of 188 SETH HYBERGER From: Kline, David (MidAmerican) <David.Kline@midamerican.com> Sent: Friday, October 9, 2020 10:16 AM To: SETH HYBERGER Subject: Re: RE: 1661 Wakonda FYI, Scott ford got me what I needed to be able to take a measurement against his actual truss slope and all of the applicable clearances are met. He's good to go as far as I am concerned. David On Oct 7, 2020, at 3:44 PM, SETH HYBERGER <SETH.HYBERGER@waterloo-ia.org> wrote: ** Remember SAIL when reading email ** Sender Attachments The sender of this email is SETH.HYBERGER@waterloo-ia,org using a friendly name of SETH HYBERGER. Are you expecting the message? Is this different from the message sender displayed above? Does this message contain attachments? No If yes, are you expecting them? Internet Tag Messages from the Internet should have [INTERNET] added to the subject. Links Does this message contain links? Yes Check links before clicking them or removing BLOCKED in the browser. Cybersecurity risk assessment: High Thanks David From: Kline, David (MidAmerican) <David.Kline@midamerican.com> Sent: Wednesday, October 7, 2020 3:31 PM To: SETH HYBERGER <SETH.HYBERGER@WATERLOO-IA.ORG> Subject: Re: 1661 Wakonda Seth, I've been out of the office on a job all day. I'll give him a call when I'm back tomorrow. David Sent from my 'Phone Page 102 of 188 PLEASE NOTE THIS MAP DOES NOT REPRESENT A SURVEY, NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA DELINEATED HEREIN, EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATER WORKS OR THEIR EMPLOYEES. BLACK HAWK COUNTY AND THE WATERLOO WATER WORKS MAKES NO WARRANTY, EXPRESSED OR IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. WATERLOOS WORKS 325 Sycamore Street P 0 Box 27 Waterloo, Iowa 50704 Ph 319-232-6280 Fax 319-232-1962 Paae 103 of 188 Applicant: J Wit' Email: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Address: /16'/ W)4 dj) ' Phone No.: j/ ?` 5//5 `/ �S General Description of Property to Vacated (i.e.- alley between A St. & B St., outh of C 9,144-im 4 t. Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price* [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): A OT • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as e reason for the request. Applicant *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 104 of 188 CITY OF WATERLOO Council Communication Resolution approving the Economic Development Assistance Grant Contract with Lincoln Savings Bank and Iowa Economic Development Authority, Contract No. 20-HQJP-016, and authorizing the Mayor to execute said documents. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description Type D LSB State IEDA Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving the Economic Development Assistance Grant Contract with Lincoln Savings Bank and Iowa Economic Development Authority, Contract No. 20-HQJP-016, and authorizing the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Adopt resolution The Lincoln Savings Bank project occurring in the Tech Works Campus for the new fm tech business qualifies for the High Quality Job Program with the State of Iowa. As such, LSB was approved for incentives from the State of Iowa. The City of Waterloo must provide matching incentives for the State program and as a local sponsor. Incentives contained in the Development Agreement with LSB. TIF rebates and bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Background Information: The State program will give LSB $957,500 in incentives. This amounts to $357,000 in a refund of sales, service, and use taxes. It also includes $600,500 in investment tax credits. The tax credits are given equally over a 5-year period at $120,100 per year. LSB is required to put in a capital investment of $18,305,000. The qualifying investment amount is $17,435,000. The qualifying investment amount for the tax credits is $16,360,000. LSB is bringing new employment to the location with 49 new jobs to be created, a total job obligation of 355, with jobs over $28.72 per hour average. The City match, in the previously approved Development Agreement, amounts to a grant of $550,000 (bonds) and estimated $3,237,066 in tax Page 105 of 188 rebates - given at 70% over a 20 year period. Legal Descriptions: NA Page 106 of 188 ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY LINCOLN SAVINGS BANK, THE CITY OF WATERLOO, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY CONTRACT NUMBER: 20-HQJP-016 Page 107 of 188 TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: AWARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER; DISBURSEMENT TERMS ARTICLE 5: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT; NOTICE AND OPPORTUNITY TO CURE; AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000258 Exhibit B-1 High Quality Jobs Program - Tax Credit Special Conditions Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 20-HQJP-016 - 2 - Fmt Approved 10/2018 Page 108 of 188 Economic Development Assistance Contract RECIPIENT: COMMUNITY: CONTRACT NUMBER: AWARD DATE: AWARD AMT. — TAX INCENTIVES LINCOLN SAVINGS BANK CITY OF WATERLOO 20-HQJP-016 NOVEMBER 22, 2019 $957,500 This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 1963 Bell Avenue, Suite 200, Des Moines, IA 50315, and Lincoln Savings Bank (Recipient), 508 Main Street, Reinbeck, IA 50669 and the City of Waterloo (Community), 715 Mulberry Street, Waterloo, IA 50703. WHEREAS, the Recipient submitted an application to IEDA requesting assistance in financing its Project as more fully described in Exhibit C, Description of the Project and Award Budget (the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein (collectively, the Award), all of which are subject to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Recipient, the Community and IEDA agree to the following terms: Contract # 20-HQJP-0 16 - 3 - Fmt Approved 10/2018 Page 109 of 188 ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Completion Date. Through the Project Completion Period and for a reasonable period of time after Project Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which IEDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or Payment Obligation. Until all outstanding amounts due to IEDA, if any, are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d) Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient and Community with written Notice of Final Contract Closeout. This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout. Such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: "Affiliate" means any entity to which any of the following applies: a. Directly, indirectly, or constructively controls another entity. b. Is directly, indirectly or constructively controlled by another entity. c. Is subject to the control of a common entity. A common entity is one which owns directly or individually more than ten percent of the voting securities of the entity. "Award" means any and all assistance provided by IEDA for the Project under this Contract. "Award Date" means the date first stated in this Contract and is the date the IEDA Board approved the award of financial assistance to the Recipient for the Project. "Award Funds" means the cash that is provided by IEDA for this Project as Project Completion Assistance, including loans. No Award Funds were provided by IEDA for this Project. "Base Employment Level" means the number of Full -Time Equivalent positions as established by IEDA and Recipient using Recipient's payroll records, as of the date Recipient applied for Tax Incentives or Project Completion Assistance. The number of jobs Recipient has pledged to create and retain shall be in addition to the Base Employment Level. "Benefits" means nonwage compensation provided to an employee. Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage, vision insurance coverage, and disability insurance coverage. "Brownfield site" means an abandoned, idled, or underutilized property where expansion or redevelopment is complicated by real or perceived environmental contamination. A brownfield site includes property contiguous with the site on which the property is located. A brownfield site does not include property which has been placed, or is proposed for placement, on the national priorities list established Contract # 20-HQJP-016 - 4 - Fmt Approved 10/2018 Page 110 of 188 pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 9601 et seq. In order to administer similar programs in a similar manner, the IEDA will attempt to apply this definition in substantially the same way as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294 and may consult members of the council or other staff as necessary. "Contract Effective Date" means the latest date on the signature page of this Contract. "Contract End Date" means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article 1. "Created Job" means a new, permanent, Full -Time Equivalent (FTE) position added to Recipient's payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project Completion Assistance. "Full -Time Equivalent job, ""FTE, " or `full-time" means the employment of one person: 1. For 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave; or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. "Grayfield site" means a property meeting all of the following requirements: a. The property has been developed and has infrastructure in place, but the property's current use is outdated or prevents a better or more efficient use of the property. Such property includes vacant, blighted, obsolete, or otherwise underutilized property. b. The property's improvements and infrastructure are at least twenty-five years old and one or more of the following conditions exists: (1) Thirty percent or more of a building located on the property that is available for occupancy has been vacant or unoccupied for a period of twelve months or more. (2) The assessed value of the improvements on the property has decreased by twenty-five percent or more. (3) The property is currently being used as a parking lot. (4) The improvements on the property no longer exist. c. The Authority will attempt to apply this definition in substantially the same manner as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294. "Job Obligations" means the jobs that must be created or retained as a result of receipt of Tax Incentives from IEDA and that are required to meet the Qualifying Wage Threshold requirements. Recipient's Job Obligations are specified in Exhibit D of this Contract. Jobs that do not meet the Qualifying Wage Threshold requirements shall not be counted toward Recipient's job creation or job retention obligations contained in Exhibit D. The Job Obligations in Exhibit D include Recipient's Base Employment Level and the number of new jobs required to be created above the Base Employment Level. "Laborshed Wage" means the Qualifying Wage Threshold applicable to Recipient's Project as calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this Contract. Contract # 20-HQJP-0 16 - 5 - Fmt Approved 10/2018 Page 111 of 188 "Loan" means an Award of assistance with the requirement that the Award be repaid with term, interest rate, and other conditions specified as part of the conditions of the Award. "Loan" includes deferred loans, forgivable loans, and float loans. A "deferred loan" is one for which the payment for principal, interest, or both, is not required for some specified period. A "forgivable loan" is one for which repayment is eliminated in part or entirely if the borrower satisfies specified conditions. A "float loan" means a short-term loan, not to exceed 30 months, made from obligated but unexpended moneys. No Loans were provided by IEDA for this Project. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date. The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date" means the date on which the Maintenance Period ends. The specific date on which the Maintenance Period ends is identified in Exhibit D. "Modernization Project" means a Project in which no high quality jobs are created or retained but economic activity is furthered by the qualifying investment and will result in increased skills and wages for the current employees. "Person" means as defined in Article 6.1(g) of this Contract. "Project" means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C - Description of the Project and Award Budget. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up, location, modernization, or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization, or expansion project. No Project Completion Assistance was provided by IEDA for this Project. "Project Completion Date" means the date by which the Recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will be a date by which the project must be completed, all incented jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the Project Completion Period ends is identified in Exhibit D. "Project Completion Period" means the period of time between the Award Date and the Project Completion Date. "Qualifying Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold requirement established to qualify for program funding for the programs providing assistance to this Project. "Qualifying Wage Threshold" means the Laborshed Wage as calculated by IEDA pursuant to statute and rule for each program under which financial assistance or Tax Incentives for this Project are awarded. The Qualifying Wage Threshold requirement for this Project is outlined in Exhibit D, Job Obligations. "Recipient's Employment Base" means the number of jobs as stated in Exhibit D — Job Obligations that the Recipient and IEDA have established as the Base Employment Level for this Project. The number of jobs the Recipient has pledged to create shall be in addition to the Recipient's Employment Base. "Retained Job" means an existing job that meets the Qualifying Wage Threshold requirements and would be eliminated or moved to another state if the Project did not proceed in Iowa. Contract # 20-HQJP-0 16 - 6 - Fmt Approved 10/2018 Page 112 of 188 "Sufficient Benefits" means that Recipient offers to each Full -Time Equivalent permanent position a benefits package that meets one of the following: 1. Recipient pays 80 percent of the premium costs for a standard medical plan for single employee coverage with the maximum deductible specified for this project in Exhibit D; or 2. Recipient pays 50 percent of the premium costs for a standard medical plan for employee family coverage with the maximum deductible specified for this project in Exhibit D; or 3. Recipient provides medical coverage and pays the monetary equivalent of paragraph "1" or "2" above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing, disability insurance, and child care services. "Tax Incentives" means the tax credits, refunds, or exemptions IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost" means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3: AWARD TERMS 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: TAX INCENTIVES FORM MAXIMUM AMOUNT High Quality Jobs Program Tax Incentives $ 957,500 TOTAL STATE TAX INCENTIVES: $ 957,500 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exhibit(s): Exhibit B-1 High Quality Jobs Program — Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS 4.1 Reserved. 4.2 Tax Incentives —Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax Incentives. (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein, IEDA will issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing any claims for Tax Incentives. (c) Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number Contract # 20-HQJP-016 - 7 - Fmt Approved 10/2018 Page 113 of 188 shall be subject to the conditions precedent described in Article 4. (d) Documents Submitted. IEDA shall have received the documents described in section 4.3, properly executed and completed, and approved by IEDA as to form and substance, prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies of the Articles of Incorporation of the Recipient, certified by its secretary or assistant secretary. (c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from Iowa, which is the Recipient's State of incorporation. (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation, against the Recipient, and documentation of satisfactory credit history of the Recipient, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. Such other contracts, instruments, documents, certificates and opinions as IEDA may reasonably request. (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)"b," if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form — Confidential Tax Information. A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDA's approval of the documentation. The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings and if any of the following applies: 1. The building or structure is located in a governmental subdivision which has not adopted a local building code; or 2. The building or structure is located in a governmental subdivision which has adopted a building code, but the building code is not enforced; or 3. Bidding for construction shall not be conducted prior to obtaining written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety. State Building Code Bureau Approval is not needed for this Project. Contract # 20-HQJP-016 -8- Fmt Approved 10/2018 Page 114 of 188 4.4 Suspension, Reduction or Delay of Award. Any one or more of the following shall be grounds for IEDA to suspend, delay or reduce the amount of disbursement of Award Funds or delay the issuance of a tax credit number or receipt of Tax Incentives: (a) Suspected Event of Default. If IEDA obtains information supporting a reasonable belief that an Event of Default has occurred, IEDA has the discretion to temporarily suspend or delay issuance of Tax Incentives while the suspected Event of Default is being investigated or resolved. (b) Unremedied Event of Default. Upon the occurrence of an Event of Default, as defined in this Contract, by the Recipient, IEDA may suspend payment or issuance of the Award to the Recipient until such time as the default has been cured. (c) Layoff closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa, or relocates or closes any of its Iowa facilities, IEDA has the discretion to reduce or eliminate some or all of the Award. Factors IEDA considers when determining whether to exercise its discretion under this paragraph include, but are not limited to, the percentage of Recipient's workforce affected; the total number of employees involved; whether the action is seasonal, temporary, or permanent; whether employees are relocated to other Iowa facilities; the reasons causing the layoff, closure, or relocation; and the impact on the Project, Community, and State. (d) Reduction, discontinuance or alteration of state funding/programs. Any termination, reduction, or delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the IEDA's control may, in the IEDA's discretion, result in the suspension, reduction or delay of authorization or issuance of Tax Incentives to the Recipient. 4.5 Closing Cost Fee. Upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds, an eligible business shall remit to the Authority a one-time compliance cost fee in the amount of $500. ARTICLE 5: RESERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation, and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying, except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b) Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue, execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient, and to perform, or cause to be performed, each and all of the obligations under the Contract. Contract # 20-HQJP-016 - 9 - Fmt Approved 10/2018 Page 115 of 188 The Contract delivered by the Recipient has been duly authorized, executed and delivered by the Recipient and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient, nor does this Contract contravene or constitute a default under any covenant, indenture or contract of or affecting the Recipient or any of its properties. (c) Affiliates. The Recipient has no Affiliates involved with the Project on the Contract Effective Date. (d) Financial Reports. The balance sheet of the Recipient furnished to IEDA fairly presents its financial condition as of said date and is in conformity with Generally Accepted Accounting Principles (GAAP) or other generally recognized accounting method applied on a consistent basis. To the knowledge of the Recipient, the Recipient has no contingent liabilities which are material to it, other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. (e) No Material Adverse Change. Since the Award Date, there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient, financial or otherwise, or the prospects of the Recipient. (f) Full Disclosure; Recipient's Financial Assistance Application. The statements and other information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. The Recipient owns, possesses, or has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization, including a government or agency or political subdivision thereof. (h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals of all federal, state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Recipient, threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Recipient, threatened against the Recipient which, if adversely determined would result in any material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. (j) Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its property involved with the Project subject to indebtedness reflected on the most recent balance sheets furnished to the IEDA, except for sales of assets in the ordinary course of business. Contract # 20-HQJP-016 - 10 - Fmt Approved 10/2018 Page 116 of 188 (k) Taxes. All tax returns the Recipient is required to file in jurisdictions in which Recipient has reasonably determined it has a filing responsibility have, in fact, been filed, and all taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments, fees and governmental charges, if any, which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP or other generally recognized accounting method have been provided. The Recipient knows of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP or other generally recognized accounting method have not been made on its accounts. Adequate provisions in accordance with GAAP or other generally recognized accounting method for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. (1) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract of or affecting the Recipient's business or any of its properties, which default, if uncured, would have a material adverse effect on its financial condition, properties, business or operations. (m) No Event of Default. No Event of Default, as defined in Article 9, has occurred or is continuing. (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the business operations of the Recipient and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. The Recipient has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. (o) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient each time Tax Incentives are claimed by the Recipient. 6.2 Representations of Community. (a) Local Approvals Received; Authority and Validity of Obligations. The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: 1. Sign this Contract, and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized, executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order or decree binding upon the Community or contravene or constitute a default under any covenant, indenture or contract of or affecting the Community or any of its properties. (b) Local Commitment. The Community represents that there are legally enforceable commitments in place for the Community local commitment identified for the Project in Exhibit C -Description of the Contract # 20-HQJP-016 - 11 - Fmt Approved 10/2018 Page 117 of 188 Project and Award Budget. (c) No Material Adverse Change. Since the Award Date, there has been no material adverse change in the Community's ability to perform its obligations under this Contract. (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Community only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals of all federal, state, local, and foreign governmental authorities, if any, necessary to perform its obligations under this Contract. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Community, threatened. (f) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Community, threatened, against the Community which, if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract, nor is the Community aware of any existing basis for any such litigation or governmental proceeding. (g) No Event of Default. No Event of Default by the Community, as defined in Article 9, has occurred or is continuing. (h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. The Community has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. (i) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date. ARTICLE 7: COVENANTS OF THE RECIPIENT For the duration of this Contract, the Recipient covenants to IEDA as follows: 7.1 Project Performance Obligations. (a) Use Award only for Project. The Recipient shall use the Award only for the Project and for the activities described in Exhibit C -Description of the Project and Award Budget and this Contract. Use of the Award shall conform to the Budget for the Project as detailed in Exhibit C -Description of the Project and Award Budget. The Recipient represents that there are legally enforceable commitments in place from Contract # 20-HQJP-016 - 12 - Fmt Approved 10/2018 Page 118 of 188 the funding sources identified for the Project in Exhibit C -Description of the Project and Award Budget. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period. This Contract covers the Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: COMPLIANCE MEASUREMENT POINT COMPLIANCE MEASUREMENT POINT Award Date Project Completion Period Project Completion Date Maintenance Period Maintenance Period Completion Date Contract Closeout "Award Date" is "Project "Project "Maintenance "Maintenance Period IEDA will conduct the date first Completion Completion Date" is Period" is the Completion Date" is Contract Closeout stated in this Period" is the the date defined in period of time the date defined in procedures after all Contract and is period of time Exhibit D by which between the Exhibit D on which events described in the date the between the Award the Recipient must Project the Maintenance Article 1 have been IEDA Board Date and the complete the Completion Period ends. met. approved the Project Completion Project. Date and the awarding of Date. Maintenance At this point, IEDA "Contract End Date" financial At this point, IEDA Period will review the Project is the date stated in assistance to the will review the Completion to verify that it was IEDA's written Recipient for the Project to verify Date. The maintained in Notice of Final Project. compliance with Project must be compliance with Contract Closeout Contract terms and maintained in Contract terms and that is issued obligations. Iowa for this period of time. obligations. pursuant to Article 1. (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project, make the total investment it pledged for the Project and in accordance with the Award Budget as detailed in Exhibit C - Description of the Project and Award Budget, and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C - Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and effect all licenses, permits, franchises, approvals, patents, trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. 7.2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. Contract # 20-HQJP-016 - 13 - Fmt Approved 10/2018 Page 119 of 188 (b) Maintain Insurance. The Recipient shall insure and keep insured in good and responsible insurance companies all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards and risks, including employers' and public liability risks in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Recipient will, upon request of IEDA, furnish a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Article. 7.3 Preserve Project and Protect Security. (a) Maintenance of Properties. The Recipient shall maintain, preserve and keep its properties in good repair, working order and condition, ordinary wear and tear excepted, and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices. Recipient will repair or restore property that is damaged due to casualty within a reasonable period of time after such damage is incurred (b) Reserved. 7.4 Recipient Changes. (a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the nature of the business and activities being conducted or proposed to be conducted by Recipient, as described in the Recipient's approved Financial Assistance Application, Exhibit A of this Contract, unless approved in writing by IEDA prior to the change. (b) Changes in Recipient Ownership, Structure and Control. The Recipient shall not materially change the ownership, structure, or control of the business if it would adversely affect the Project. This includes, but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership, structure or control. The materiality of the change and whether the change adversely affects the Project shall be as reasonably determined by IEDA. Notwithstanding anything in this Contract to the contrary, any change in corporate structure pursuant to which Lincoln Bancorp continues to directly or indirectly own 100% of Recipient's stock will not be considered a material change to the Project, and Recipient shall not be required to provide IEDA with advance notice of such change. 7.5 Required Reports. (a) Review of Reports. The Recipient shall prepare, sign and submit required reports, in the form and content required by IEDA, as specified in this Contract. (b) Reports. The Recipient shall prepare, sign and submit the following reports to the IEDA throughout the Contract period: Report Due Date Annual Project Status Report July 31' for the period ending June 30th The Annual Project Status Report will collect information from the Recipient about the status Contract # 20-HQJP-016 - 14 - Fmt Approved 10/2018 Page 120 of 188 of the Project. End of Project Report Within 30 days of Project Completion Date The End of Project Report will collect information from the Recipient about the completed Project. End of Maintenance Period Report Within 30 days of the end of the Maintenance Period Completion Date The End of Maintenance Period Report will collect information from the Recipient's continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance, or if necessary in order to meet requests from the Iowa General Assembly, the Department of Management or the Governor's office. At the request of IEDA, Recipient shall submit its annual financial statements completed by an independent CPA, or other financial statements including, but not limited to, income, expense, and retained earnings statements. 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal, state and local laws, rules, regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental, hazardous waste or substance, toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state, and local laws, rules, ordinances, regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State. In addition to any and all other applicable penalties provided by current law, all or a portion of the Award is subject to recapture by IEDA if Recipient is found to employ individuals not legally authorized to work in the State of Iowa. Documentation that Recipient obtained completed Forms I-9 (U.S. Citizenship and Immigration Services' Employment Eligibility Verification), reviewed social security cards or other sources of identification, and/or performed other procedures to identify illegal employees at the time of hiring any individuals who are later found to not be legally authorized to work in the state of Iowa shall be taken into consideration in determining whether Recipient knowingly violated federal or state immigration laws. (f) Compliance with IEDA's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs under which assistance is provided to the Project and rules governing administration Contract # 20-HQJP-016 - 15 - Fmt Approved 10/2018 Page 121 of 188 of this Contract. 7.7 Inspection and Audit. Following sufficient advance notice from IEDA, the Recipient shall permit the IEDA and its duly authorized representatives, at such reasonable times and reasonable intervals as the IEDA may designate, to: (a) Conduct site visits and inspect the Project. (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs, finances and accounts of the Recipient with, and to be advised as to the same by, its officers, and independent public accountants. By this provision, the Recipient authorizes such accountants to discuss with the IEDA and the IEDA's duly authorized representatives the finances and affairs of the Recipient. 7.8 Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books, records and all other evidence pertaining to this Contract in accordance with GAAP or other generally recognized accounting method and such other procedures specified by IEDA. (b) Access to Records. Records to verify compliance with the terms of this Contract shall be made available to IEDA and its designees at places and times reasonably designated by IEDA, for the duration of this Contract and any extensions thereof. Recipient shall make its records available to: (i) IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa; (v) the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period. Recipient shall retain the records for a period of three (3) years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding. In those instances, the records shall be retained until the audit, investigation or proceeding has been resolved. 7.9 Required Notices from Recipient to IEDA. (a) Notice of Major Changes. Recipient shall provide IEDA with written notice within thirty (30) days of the occurrence of: (a) any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract; (b) the termination of the business conducted at the Project; (c) a material modification of the nature of the business conducted at the Project; and (d) the transfer of the Project or any material interest in the Project in connection with financing or refinancing the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall provide IEDA with written notice within ten (10) days of the occurrence of any claims, lawsuits, bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. 7.10 Indemnification. Except with respect to any claims, costs, or expenses arising from the gross negligence or malicious conduct of the IEDA or the State of Iowa (which shall include any of its departments, divisions, agencies, sections, commissions, officers, employees, and agents), the Recipient Contract # 20-HQJP-016 - 16 - Fmt Approved 10/2018 Page 122 of 188 shall indemnify, defend and hold harmless the IEDA; the State of Iowa; its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims ,including taxes, and all related costs and expenses ,including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties, arising from or in connection with any of the following: (a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation, warranty or covenant made by the Recipient in this Contract; (c) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract; and (d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of its agents in its or their capacity as an employer of a person. 7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. 7.12 Ongoing Fees Based on Claims. For the duration of this Contract and for as long as Recipient claims Tax Incentives under this Contract, Recipient shall remit to IEDA a compliance cost fee equal to one-half of 1 percent (0.5%) of the value of the Tax Incentives claimed pursuant to this Contract. The fee shall be due and payable upon filing the Recipient's annual tax return for each tax year in which the Recipient claims Tax Incentives under this Contract. For purposes of this Section 7.12, the compliance cost fee shall only be owed by Recipient for Tax Incentives that reduce Recipient's current Iowa tax liability; no fees shall be owed for Tax Incentives that result in carryforwards because Recipient's current -year Iowa tax liability is not sufficient to utilize all available Tax Incentives. ARTICLE 8: COVENANTS OF THE COMMUNITY For the duration of this Contract, the Community covenants to IEDA as follows: 8.1 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C, Project Description and Award Budget. 8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's ownership, structure or operation, or any other similar occurrence, the Community shall promptly provide written notice to IEDA. ARTICLE 9: DEFAULTS AND REMEDIES 9.1 Default by Recipient. An unremedied Event of Default may result in termination of this Contract and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax Incentives actually received, plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default" under this Contract: Contract # 20-HQJP-016 - 17 - Fmt Approved 10/2018 Page 123 of 188 1. Nonpayment. Failure to make a payment for more than thirty (30) days following the due date of any payment required by this Contract whether by lapse of time, acceleration or otherwise; or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set forth in Article 7, for more than twenty (20) business days; or 3. Reserved. 4. Noncompliance with Contract. Default in the observance or performance of any other provision of this Contract; or 5. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or 6. Reserved. 7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated, unbonded or unstayed for a period of thirty (30) days which materially and adversely affects Recipient's ability to perform its obligations under this Contract; or 8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) commence any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, or (vi) fail to contest in good faith any appointments or proceeding described below; or 10. Appointment of Officials. A custodian, receiver, trustee, examiner, liquidator or similar official is appointed for either the Recipient or any substantial part of any of its respective property, or a proceeding described above is commenced against the Recipient and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of sixty (60) days; or 11. Reserved. 12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the required due dates as outlined in Article 7; or 13. Layoffs, Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates or closes any of its facilities within the state of Iowa, subject to the factors described in Section 4.4(b) of this Contract; or Contract # 20-HQJP-016 - 18 - Fmt Approved 10/2018 Page 124 of 188 14. Hiring workers not authorized to work in state. The Recipient fails to only employ only individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa, as described in Section 7.6(e) of this Contract, then, in addition to any and all other applicable penalties provided by current law, all or a portion of the assistance received is subject to repayment; or 15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory eligibility requirement for a program providing assistance under this Contract. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default and which may be extended by approval of IEDA, during which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period, IEDA may, after written notice to Recipient: 1. Terminate this Contract. 2. Reserved. 3. Reserved. 4. Reserved. 5. Revoke or reduce authorized Tax Incentives. 6. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (e) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of 6% shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Award Funds are disbursed or Tax Incentives are received. (f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA, including reasonable attorneys' fees and court costs, in connection with a documented Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Community. An unremedied Event of Default may result in termination of this Contract and repayment by Community of all or a portion of the pledged local match, plus applicable default interest and costs. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community" under this Contract: 1. Noncompliance with Covenants. Default in the observance or performance of any covenants of the Community set forth in Article 8, for more than five (5) business days; or 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract # 20-HQJP-016 - 19 - Fmt Approved 10/2018 Page 125 of 188 Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Community setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Community shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period, IEDA may, after written notice to Community: 1. Reserved. 2. Require payment by Community of the amount of local financial assistance pledged to the Project but not provided. (d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: MISCELLANEOUS. 10.1 Choice of Law and Forum; Governing Law. (a) In the event any action or proceeding of a quasi-judicial or judicial nature is commenced arising out of or relating to this Contract, such action or proceeding shall be brought in Des Moines, Iowa, in the Iowa District Court for Polk County, if such court has jurisdiction. If, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the IEDA, the State of Iowa or its members, officers, employees or agents. (c) This Contract and the rights and duties of the parties hereto shall be governed by, and construed in accordance with, the internal laws of the State of Iowa without giving effect to any conflict of law principles that may require the application of the laws of another jurisdiction. 10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract, may be changed, waived, discharged or terminated orally, except as provided below: (a) Writing required. The Contract may only be amended if done so in writing and signed by all the parties. Examples of situations requiring an amendment include, but are not limited to, time extensions, budget revisions, and significant alterations of existing activities or beneficiaries. (b) IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA's rules and procedures applicable to contract amendments. 10.3 Notices. Except as otherwise specified herein, all notices hereunder shall be in writing, including, without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax Contract # 20-HQJP-0 16 - 20 - Fmt Approved 10/2018 Page 126 of 188 number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other parties provided by United States mail, by fax or by other telecommunication device capable of creating a written record of such notice and its receipt. Notices hereunder shall be addressed: To the Recipient at: Lincoln Savings Bank Andrea Devore 508 Main Street Reinbeck, IA 50669 E-mail: andrea.devore@mylsb.com Telephone: 319.788.6441 and Emily Girsch 3254 Kimball Ave. Waterloo, IA 50702 E-mail: emilyg@mylsb.com Telephone: 319.233.1900 To the IEDA at: Iowa Economic Development Authority Compliance 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Attention: Business Development - Compliance E-mail: Compliance@iowaeda.com Telephone: 515.348.6200 Facsimile: 877.631.7575 To the Community at: City of Waterloo Noel Anderson 715 Mulberry Street Waterloo, IA 50703 E-mail: noel.anderson@waterloo-ia.org Telephone: 319.291.4366 Each such notice, request or other communication shall be effective (i) if given by e-mail, when such e- mail is transmitted to the e-mail address specified in this Article and a confirmation of such e-mail has been received by the sender, (ii) if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested, addressed as aforesaid or (iii) if given by any other means, when delivered at the addresses specified in this Article. 10.4 Headings. Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A, Contract # 20-HQJP-016 - 21 - Fmt Approved 10/2018 Page 127 of 188 Iowa Administrative Procedure Act. 10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. 10.7 Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Contract and the other Contract documents and shall continue in full force and effect with respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. In the event any provision of this Contract is held to be unenforceable as written, but enforceable if modified, then such provision shall be deemed to be amended to such extent as to be enforceable and it shall be enforced to that extent. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and IEDA and their respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their successors and assigns. 10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient to a party other than an Affiliate unless approved in writing by IEDA, which shall not be unreasonably withheld. Any attempt by Recipient to assign this Contract other than as permitted herein shall be null and void. 10.12 Termination. This Contract can be terminated under any of the following circumstances: (a) Agreement of the Parties. Upon written agreement of the Recipient, the Community and IEDA. (b) Unremedied Event of Default. As a result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. Notwithstanding anything in this Contract to the contrary, IEDA shall provide Recipient with the opportunity to petition IEDA for a waiver of the local match requirement prior to terminating the Contract due to the Community defaulting on its agreement to provide such match. (c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding to IEDA as provided in Article 4.4(c). 10.13 Documents Incorporated by Reference. The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000258 Contract # 20-HQJP-0 16 - 22 - Fmt Approved 10/2018 Page 128 of 188 2. Exhibit B-1 High -Quality Jobs Program — Tax Credit Component Special Conditions 3. Exhibit C - Description of the Project and Award Budget 4. Exhibit D - Job Obligations 5. Exhibit E- Reserved 6. Exhibit F - Reserved 10.14 Order of Priority. In the case of any inconsistency or conflict between the specific provisions of this document and the exhibits, the following order of priority shall control: 1. Article 1 - 10 of this Contract. 2. Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000258 3. Exhibit B-1 High -Quality Jobs Program — Tax Credit Component Special Conditions 4. Exhibit C - Description of the Project and Award Budget 5. Exhibit D - Job Obligations 6. Exhibit E - Reserved 7. Exhibit F - Reserved 10.15 Integration. This Contract contains the entire agreement between the Parties relating to the Project. Any representations that may have been made before or after signing this Contract, which are not contained herein, are nonbinding, void and of no effect. None of the Parties has relied on any such prior representation in entering into this Contract. -This space intentionally left blank, signature page follows - Contract # 20-HQJP-0 16 - 23 - Fmt Approved 10/2018 Page 129 of 188 IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR IEDA: FOR RECIPIENT: BY: BY: Deborah V. Durham, Director Signature Emily J Girsch, EVP CFO i?'1.sc,A Typed Name and Title September 16, 2020 Date Date FOR THE COMMUNITY: BY: Signature Typed Name and Title Date Contract # 20-HQJP-0 16 - 24 - Fmt Approved 10/2018 Page 130 of 188 LIST OF EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000258 Exhibit B-1 High Quality Jobs Program — Tax Credit Component Special Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 20-HQJP-0 16 - 25 - Fmt Approved 10/2018 Page 131 of 188 EXHIBIT B —1 High Quality Jobs Program — Tax Credit Component Special Conditions to Contract # 20-HQJP-016 The following additional terms shall apply to the Contract: SECTION 1: ADDITIONAL DEFINITIONS. The following additional terms are defined in this Contract as follows: "Capital Investment"means the investment spent on land and depreciable assets. The minimum Capital Investment required for this Project is as stated in Section 2 of this Exhibit. The allowable categories of expenditures for purposes of calculating Capital Investment are described in IEDA's administrative rule 261 IAC 174.10. "Investment Qualifying for the Tax Credit" means new investment directly related to jobs created or retained by the start-up, location, expansion or modernization for this Project. The allowable categories of expenditures for purposes of claiming the investment tax credits are described in IEDA's administrative rule 261 IAC 174.10. "Qualifying Investment"means the statutorily -required minimum investment amount that must be made and maintained by the Recipient to receive High Quality Jobs Program Tax Incentives for this Project. This amount is as stated in Section 2 of this Exhibit. The categories of expenditures that can be included for purposes of meeting and maintaining statutorily -required investment requirements are described in 261 IAC 174.10. "Economically Distressed Area" means a county that ranks among the bottom 33 of all Iowa counties, as measured by either the average monthly unemployment level for the most recent 12-month period or the average annualized unemployment level for the most recent five-year period. SECTION 2: TERMS AND CONDITIONS OF THE AWARD 2.1 Award. The Recipient is awarded the following Tax Incentives through the High Quality Jobs Program, based on the minimum investment requirements described herein: $957,500. 2.2 Minimum Investment Requirements. As a condition of receiving Tax Incentives, the Recipient shall meet the following minimum investment requirements: (a) Capital Investment. $ 18,305,000 (b) Qualifying Investment. $ 17,435,000 (c) Investment Qualifying for Tax Credits. $ 16,360,000 2.3 Additional Tax Incentives. The Recipient is eligible for additional incentives pursuant to Iowa Code section 15.326, et. seq. The following Tax Incentives, in the maximum amounts shown for each authorized incentive, are also available to the Recipient: Contract # 20-HQJP-016 Exhibit B-1, Page 1 Fmt Approved 10/2018 Page 132 of 188 Authorized Incentives Included in Award Maximum Amt. Refund of Sales, Service, and Use Taxes. $ 357,000 ►1 Yes ❑ No Refund of Sales Taxes Attributable to Racks, Shelving, and Conveyor Equipment. ❑ Yes $ 0 ►1 No Corporate Tax Credit For Certain Sales Taxes Paid By Third Party Developer. ❑ Yes $ 0 ►1 No Investment Tax Credit (4%) $ 600,500 /1 Yes ❑ No Research Activities Credit. ❑ Yes $ 0 No Local Property Tax Exemption Provided by ❑ Yes $ 0 Community A No 2.4 Conditions for Authorized Incentives. The Recipient is responsible to seek these additional incentives through processes described in the applicable statutes and corresponding administrative rules, ordinances and procedures. The following conditions shall apply to the incentives described in section 2.3 of this Exhibit. (a) Refund Of Sales, Service And Use Taxes Paid To Contractors Or Subcontractors. The Recipient is eligible for a refund of sales, service and use taxes paid to contractors and subcontractors as authorized in Iowa Code section 15.331A (2011 Supplement). 1. The Recipient may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the Recipient. 2. Taxes attributable to intangible property and furniture and furnishings shall not be refunded. 3. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the Recipient must: i. Inform the Iowa Department of Revenue (IDR) within two weeks of project completion. ii. Make an application to IDR within one year after project completion. For purposes of claiming this refund, "project completion" means any date during the period beginning the date a Certificate of Completion, Certificate of Occupancy, or similar document is provided by the Community to the Recipient upon completion of the renovation of the building included in the Project and ending on the Project Completion Date as identified in Exhibit D. (b) Reserved. Contract # 20-HQJP-016 Exhibit B-1, Page 2 Fmt Approved 10/2018 Page 133 of 188 (c) Reserved. (d) Investment Tax Credit. 1. The Recipient may claim an investment tax credit as provided in Iowa Code section 15.333. Such credit may be claimed for a portion of the Qualifying Expenditures, as defined below in subparagraph (3), directly related to Job Obligations, as described in Exhibit D, of the start-up or location, expansion, or modernization of the Recipient. The credit shall be earned when the qualifying asset is placed in service. The Recipient shall not claim more than the amount authorized for this incentive as stated above and in Article 3 of the Contract. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. 2. The tax credit shall be amortized equally over a five-year period as specified below: January 1, 2019 —December 31, 2019 $ 120,100 January 1, 2020 —December 31, 2020 $ 120,100 January 1, 2021 — December 31, 2021 $ 120,100 January 1, 2022 —December 31, 2022 $ 120,100 January 1, 2023 —December 31, 2023 $ 120,100 3. Only Qualifying Expenditures are eligible for the investment tax credit. For purposes of this incentive, "Qualifying Expenditures" means: i. The purchase price of real property and any buildings and structures located on the real property. ii. The cost of improvements made to real property which is used in operation of the business. iii. The costs of machinery and equipment, as defined in Iowa Code section 427A.1(1) "e" and "j" purchased for use in the operation of the business and for which the purchase price may have been depreciated in accordance with GAAP or other generally recognized accounting method. 4. If the Project includes leasing of new construction or major renovation of an existing building, the annual base rent paid to a third -party developer by Recipient must be for a period equal to the term of the lease agreement but cannot exceed the maximum term of the agreement, provided the cumulative cost of the base rent payments for that period does not exceed the cost of the land or the third -party developer's costs to build or renovate the building for the Recipient. Limitations to annual base rent shall only be considered when the Project includes the construction of a new building or the major renovation of an existing building. The Recipient shall enter into a lease agreement with the third -party developer for a minimum of five years. This Project will not include rent paid to a third -party developer. (e) Reserved. (f) Reserved. Contract # 20-HQJP-016 Exhibit B-1, Page 3 Fmt Approved 10/2018 Page 134 of 188 SECTION 3: ADDITIONAL COVENANTS In addition to the Covenants described in Article 7 of the Contract, the Recipient shall be bound to the additional covenants: 3.1 Job Obligations. By the Project Completion Date, the Recipient shall create and/or retain the number of FTE Created Jobs and Retained Jobs included in, for Retained Jobs, and above, for Created Jobs, the Recipient's Base Employment Level, as detailed in Exhibit D — Job Obligations, and maintain the jobs through the Maintenance Period. 3.2 Wage Obligations. The Qualifying Wage Threshold rates specific to this Contract that must be met are stated in Exhibit D, Job Obligations. By the Project Completion Date and through the Maintenance Completion Period Date, the Recipient shall: (a) For Projects in Economically Distressed Areas or at a designated Grayfield Site, the Qualifying Wage Threshold requirement applicable to all phases of the Project is 100% of the Qualifying Wage Threshold. (b) For Projects at a designated Brownfield Site, the Qualifying Wage Threshold requirement applicable to all phases of the Project is 90% of the Qualifying Wage Threshold. (c) For all other Projects: 1. For the Created Jobs, pay 100% of the Qualifying Wage Threshold at the start of the Project Completion Period, at least 120% of the Qualifying Wage Threshold by the Project Completion Date, and at least 120% of the Qualifying Wage Threshold until the Maintenance Period Completion Date. 2. For the Retained Jobs, pay at least 120% of the Qualifying Wage Threshold throughout both the Project Completion Period and the Maintenance Period. 3.3 Provide Sufficient Benefits. The Recipient shall provide Sufficient Benefits to all employees included as part of the job and wage obligations. SECTION 4: ADDITIONAL DEFAULT PROVISIONS In addition to the default provisions included in Article 9 of the Contract, the following default provisions shall apply: 4.1 Repayment of Tax Incentives Received - High Quality Jobs Program. IDR is the state agency responsible for collecting the value of any Tax Incentives received in violation of the terms of this Contract. The Community is the party responsible for collecting the value of the local tax incentives received in violation of this Contract. IEDA will determine if the Recipient has met the terms of this Contract. If there is an unremedied Event of Default, IEDA will provide written notice to IDR and the Community. Calculation of the amount owed may be based on a sliding scale in certain circumstances and may include interest assessed by IDR. Those circumstances are as follows: (a) Failure to Meet Job Obligations by Project Completion Date. If the Recipient does not meet its Job Obligations as detailed in Exhibit D, Job Obligations by the Project Completion Date, the repayment amount shall be the same proportion as the amount of the shortfall in created jobs. For example, if the Recipient creates 50 percent of the jobs required, the Recipient shall repay 50 percent of the Tax Contract # 20-HQJP-016 Exhibit B-1, Page 4 Fmt Approved 10/2018 Page 135 of 188 Incentives received. Upon repayment of the amount due, IEDA will reduce the Recipient's Job Obligations. The reduced Job Obligations must be maintained through the Maintenance Period Completion Date. (b) Job shortfall at Maintenance Period Completion Date. If the Recipient does not maintain its adjusted Job Obligations through the Maintenance Period Completion Date, Recipient shall repay an additional percentage of the Tax Incentives it has received. The amount to be repaid will be calculated as described in subsection (a) above. (c) Qualifying Investment. If the Recipient does not meet its Qualifying Investment requirement as defined in Section 2 of this Exhibit, the repayment amount shall be the same proportion as the amount of the shortfall in required Qualifying Investment. For example, if the Recipient meets 75 percent of the amount of required Qualifying Investment, the Recipient shall repay 25 percent of the amount of the Tax Incentives received. (d) Less than Total Project Cost at Project Completion Date. If the Recipient does not complete the Project with a Total Project Cost as stated in Exhibit C, Project Description and Award Budget, by the Project Completion Date Recipient shall repay a portion of the Tax Incentives received. For example, if the Recipient's actual Total Project Cost is 10% less than pledged, 10% of the value of the Tax Incentives received, plus any interest assessed by IDR, must be repaid. (e) Repayment Amount If Shortfall in Job Obligations, Qualifying Investment and/or Less Than Total Project Cost. If the Recipient experiences a shortfall in two or more of its requirements related to Job Obligations, Qualifying Investment, or the Total Project Cost, IEDA will calculate the percentage owed for the Recipient's failure to meet each of the requirements. The highest of these amounts shall be the amount Recipient shall repay to IDR. (f) Selling, Disposing, or Razing of Property. If, within five years of purchase, the Recipient sells, disposes of, razes, or otherwise renders unusable all or a part of the land, building, or other existing structures for which an investment tax credit was claimed, the income tax liability of the Recipient for the year in which all or part of the property is sold, disposed of, razed, or otherwise rendered unusable shall be increased by one of the following amounts, plus any interest assessed by IDR: 1. 100% of the tax credit claimed if the property ceases to be approved for the tax credit within one full year after being placed in service. 2. 80% of the tax credit claimed if the property ceases to be approved for the tax credit within two full years after being placed in service. 3. 60% of the tax credit claimed if the property ceases to be approved for the tax credit within three full years after being placed in service. 4. 40% of the tax credit claimed if the property ceases to be approved for the tax credit within four full years after being placed in service. 5. 20% of the tax credit claimed if the property ceases to be approved for the tax credit within five full years after being placed in service. - End of Exhibit B — 1 - Contract # 20-HQJP-016 Exhibit B-1, Page 5 Fmt Approved 10/2018 Page 136 of 188 DESCRIPTION OF THE PROJECT AND AWARD BUDGET (EXHIBIT C) Name of Recipient: Lincoln Savings Bank Name of Community: City of Waterloo Contract Number: 20-HQJP-016 PROJECT DESCRIPTION Lincoln Savings Bank will acquire and renovate the 4th 5th and 6thfloors of the Techworks 1 Building. AWARD BUDGET SOURCE OF FUNDS AMOUNT FORM USE OF FUNDS COST IEDA Programs *Land Acquisition HQJP Tax Credit 'See Below *Site Preparation *Building Acquisition City of Waterloo $550,000 Grant *Building Construction Business $17,755,000 Internal financing *Building Remodeling $16,250,000 Lease Payments *Mfg Machinery and Equipment *Other Machinery and Equipment $870,000 Racking, Shelving, etc. *Computer Hardware $110,000 Computer Software *Furniture and Fixtures $1,075,000 Working Capital Research and Development Job Training *included as capital investment if awarded tax credit program Total $18,305,000 Total $18,305,000 $957,500 estimated benefit value OTHER FUNDING SOURCE OF FUNDS TOTAL AMOUNT FORM/TERM USED AS MATCH TIF Rebate Tax Rebate $3,237,066 70% over 20 years YES 260E Job Training In -Kind Contributions RISE RED Other Page 137 of 188 EXHIBIT D — JOB OBLIGATIONS Recipient: Lincoln Savings Bank Community: City of Waterloo Contract Number: 20-HQJP-016 This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program (HQJP) — Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the "Employment Base" column has been verified by IEDA and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the "Jobs To Be Created" column outlines the new full-time jobs (including their wage characteristics) that must be added to the employment base and, if applicable, statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date, the Recipient must achieve, at a minimum, the numbers found in the "Total Job Obligations" column. HQJP JOB OBLIGATIONS Project Completion Date: November 30, 2022 Maintenance Period Completion Date: November 30, 2024 Employment Base Jobs To Be Created Total Job Obligations Total employment at project location 306 49 355 Average wage of total employment at project location $28.72 Qualifying Laborshed Wage threshold requirement (per hr) $18.49 (100%) 1 J Number of jobs at or above qualifying wage 210 40 250 Average Wage of jobs at or above qualifying wage $33.43 Notes re: Job Obligations 1. When determining the number of jobs at or above the qualifying wage, wages will include only the regular hourly rate that serves as the base level of compensation. The wage will not include nonregular forms of compensation such as bonuses, unusual overtime pay, commissions, stock options, pension, retirement or death benefits, unemployment benefits or other insurance, or other fringe benefits. 2. Employment Base includes 0 "Retained Jobs". 3. Employment Base includes all FTE's in Iowa. The project proposes to move 130 existing employees from other Lincoln Savings Bank locations to this new location, in addition to creating 49 new full time positions. If the Recipient uses or proposes to use a non-standard work week (8 hours a day, 5 days a week, 52 weeks a year including holidays, vacation and other paid leave), check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2.) If the box is not checked or if no alternative schedule is provided, IEDA will consider "Full-time Equivalent (FTE) Job" to mean the employment of one person for 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave. ❑ The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description]. Sufficient Benefits Deductible Requirements Recipient shall provide Sufficient Benefits with a maximum deductible of $1,700 for single coverage or $3,750 for family coverage. Page 138 of 188 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 2 to a Professional Services Agreement with Invision Architecture, LTD, originally executed September 19, 2020, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description ❑ Stairs amend ❑ Phase III Agreement ❑ Concept SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Type Backup Material Cover Memo Cover Memo Resolution approving Amendment No. 2 to a Professional Services Agreement with Invision Architecture, LTD, originally executed September 19, 2020, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Adopt resolution This amendment will add the design for the reconstruction, reconfiguration, and repair of the stairs at the Waterloo Center for the Arts to the existing contract for the parking lot improvements. $10,000 Downtown parking bonds funds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Not approve The City hired Invision Architecture to re -design the parking lot for the Waterloo Center for Arts. We had planned to go from the east side to the west side of the parking lot for phasing as the reconstruction will be done in multiple phases for funding and for activities at the WCA. With the Art Bloc building using the east end as a lay down area for construction, we are now switching to go from west to east for phasing, and wanted to add in the stairs, entryway, etc. reconfiguration as it would make sense to do so at the same time as this phase of the parking lot Page 139 of 188 reconstruction. Page 140 of 188 Document G802M - 2017 Amendment to the Professional Services Agreement PROJECT: (name and address) Waterloo Center for the Arts Parking Redevelopment Phase II 2225 Commercial Street Waterloo, IA 50701 OWNER: (name and address) City of Waterloo 715 Mulberry Waterloo, IA 50703 AGREEMENT INFORMATION: Date: September 19, 2020 ARCHITECT: (name and address) INVISION Architecture, LTD 501 Sycamore St. Suite 101 Waterloo, IA 50701 AMENDMENT INFORMATION: Amendment Number: 2 Date: September 23, 2020 The Owner and Architect amend the Agreement as follows: Replacing existing deteriorating concrete stairs and handrails at the main entrance to the Waterloo Center for the Arts. This amendment does not include any construction administration. If required this service will be added by amendment. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Add - $10,000.00 Schedule Adjustment: No change in Schedule SIGNATURES: INVISION Architecture, LTD ARCH! T (Firm name) SIGNA Eric Ritnd, AIA, EDAC, Partner OWNER (Firm name) SIGNATURE PRINTED NAME AND TITLE PRINTED NAME AND TITLE September 23, 2020 DATE DATE AIA Document G802" — 2017. Copyright © 2000, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 1 produced by AIA software at 14:08:02 ET on 09/23/2020 under Order No.1334751454 which expires on 06/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: PageB141A4of 188 :22, ® Document G802' — 2017 Amendment to the Professional Services Agreement PROJECT: (name and address) AGREEMENT INFORMATION: AMENDMENT INFORMATION: Waterloo Center for the Arts Parking Date: September 19, 2019 Amendment Number: 1 Redevelopment Phase II 225 Commercial Street Date: May 8, 2020 Waterloo, IA 50701 OWNER: (nacre and address) City of Waterloo 715 Mulberry Waterloo, IA 50703 ARCHITECT: (name and address) INVISION Architecture, LTD 501 Sycamore St. Suite 101 Waterloo, IA 50701 The Owner and Architect amend the Agreement as follows: Add Phase III Parking Redevelopment to contract. The scope of work will include developing construction plans for redevelopment of the northwest quadrant of the existing parking lot, north and west of the new eastern entrance, including new PCC pavement, storm sewer, parking lot lighting, removal of existing drop-off lane, new colored sidewalk, erosion control work and removal of existing fountain. This amendment does not include bidding/negotiation or construction administration (CRS). These phases of service will be added later by amendment. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Phase 3 - Lump sum fee - $82,800.00 Schedule Adjustment: Construction documents are anticipated to be completed in July 2020. The current pandemic is having an impact on projects broadly and is impossible to fully predict its influence on your project at this time. We will continue to monitor the situation together and adapt. SIGNATURES: INVISION Architecture, LTD ARC CT (Firm name) SIG Eric ' it .nd, AIA, EDAC, Partner PRINTED NAME AND TITLE May 8, 2020 DATE City of Waterloo OWNER (Firm name) Quertart J f ar( SIGNATURE Quentin Hart PRINTED NAME AND TITLE 06/01 /2020 DATE A1A Document G802'" — 2017. Copyright © 2000, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:13:51 ET on 05/08/2020 under Order No.2193223387 which expires on 06/26/2020, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations. e-mail copyright@ala.org. User Notes: (3B9ADA4A) Page 142 of 188 1 BIKE RACKS KINETIC SCULPTURE PERENNIAL PLANTINGS WITH BOULDERS (TYP.) TAN AND DARK GRAY COLORED CONCRETE MATCHING AMPHITHEATER 1 MAIN ENTRANCE Entrance Plaza Concept Plan Waterloo Center for the Arts STEEL BENCHES (TYP.) EXISTING SIGN DARK GRAY CONCRETE • LOADING DOCK SIX MUSICAL INSTRUMENTS ALONG EDGE OF WALKWAY Page 143 of 188 CITY OF WATERLOO Council Communication Resolution approving the work with Shakespeare Lighting Design, LLC, for activities described in Fee Estimate document, for a total of $12,625, with Waterloo Development Corporation providing 50 percent matching funds, for a City commitment of up to $6,312.50, in conjunction with the 4th Street Bridge and River Cascades Lighting Designs for Downtown Waterloo, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 ATTACHMENTS: Description ❑ Estimate u Services u Experience SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Backup Material Backup Material Backup Material Resolution approving the work with Shakespeare Lighting Design, LLC, for activities described in Fee Estimate document, for a total of $12,625, with Waterloo Development Corporation providing 50 percent matching funds,. for a City commitment of up to $6,312.50, in conjunction with the 4th Street Bridge and River Cascades Lighting Designs for Downtown Waterloo, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Adopt resolution The City and WDC are working to make Downtown Waterloo a tourist destination and believe bridge lighting ins one component that has worked well for many other communities as aesthetic improvements for tourism, as well as business and resident attraction. Shakespeare will work to design such improvements for bridges downtown. $6,312.50 TIF cash and bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Not approve The City has worked with WDC for many Downtown Waterloo improvements to improve the quality of life, create new plazas, Sportsplex, and business and resident attractions. The bridge lighting concept will work Page 144 of 188 Background Information: to enhance the River Loop trail system, add to the attraction of new businesses, nightlife, residential views, etc. The City of Waterloo continues to look at ways to bring people back to the riverfront, the goal of the original Riverfront Renaissance project, and this is another stope in that direction. With the new bridge grant moving ahead, this is an opportune time to move ahead with this partnership with the WDC and Shakespeare. Page 145 of 188 Waterloo Development Corporation 4th Street Bridge Cascades Lighting Design Fee Estimate Phase Feature Task Hours *$125 Total 2 Design Development 2.1 Pedestrian Bridge Assemble details necessary to construct a physically -based partial model of a narrower section, and a wider, taller NODE section, including a sample of canopy material to asses light transmission and scattering 4 $ 500.00 Build computer model segments in Radiance 12 $ 1,500.00 Collect and study luminaires' photometry and locations to achieve canopy color -changing lighting and deck lighting 7 $ 875.00 Explore and determine wiring and control devices and location feasibility 4 $ 500.00 Render 4 studies for each bridge section from 2 vantage points for proof of concept submission - 16 total renderings 12 $ 1,500.00 39 $ 4,875.00 2.2 Cascades Construct cascades simulation using photos to study lighting 6 $ 750.00 Build computer model of exterior concrete railing and I-beam face 4 $ 500.00 Study lighting types and locations based on cascades lighting effects 4 $ 500.00 Render 4 simple studies from 1 vantage point indicating how cascades will be illuminated - 4 total renderings 6 $ 750.00 Explore and determine wiring and control devices and location feasibility 4 $ 500.00 24 $ 3,000.00 2.3 Bridge face Study direct view luminaire types, locations and effects using exterior concrete railing model 6 $ 750.00 Render 4 simple studies of concrete railing surface lighting from 1 vantage point - 4 total renderings 6 $ 750.00 Explore and determine wiring and control devices and location feasibility 4 $ 500.00 7/28/20 1 Shakespeare Lighting Design LLC Page 146 of 18rarie@shakespearelighting.com Waterloo Development Corporation 4th Street Bridge Cascades Lighting Design Fee Estimate 16 $ 2,000.00 For all Phase 2 Gather necessary site details and documents through Vandewalle 3 $ 375.00 Create control strategy overview to inform BOM 4 $ 500.00 Present preliminary design concept to Mayor and others via Zoom 3 $ 375.00 Revise design concept as needed 4 $ 500.00 Present final design concept via Zoom 2 $ 250.00 16 $ 2,000.00 Phase 2 fee estimate total 95 $ 11,875.00 3 Preliminary Cost Estimates 3.1 Contact manufacturers, collect and assemble preliminary BOM pricing and documentation for budgeting purposes only. 6 $ 750.00 3.2 Stakeholders approve projected budget 0 Phase 3 fee estimate total 6 $ 750.00 Your signature below indicates that you agree to the terms outlined above and in Description of Lighting Design Services, and that you authorize Shakespeare Lighting Design LLC to proceed with your project. We look forward to working with you! Client Signature Date 7/28/20 Shakespeare Lighting Design LLC 2 Page 147 of 18Igarie@shakespearelighting.com SHAKESPEARE LIGHTING DESIGN 1806 East Thornton Bloomington, IN 47401 Design Director: Marie Shakespeare M.F.A. Principal Consultant: Robert Shakespeare I.E.S. 812 • 320 • 2796 DESCRIPTION OF LIGHTING DESIGN SERVICES Thank you for considering the services of Shakespeare Lighting Design LLC. Here is an overall description of our services and fees. Please let us know if you have any questions after you have read this summary. After meeting with you to determine the scope and detail that your project requires, we will prepare a design presentation which will include some or all of the following documents: a design concept statement, a drafted lighting plan with suggested switching locations, luminaire and lamp specifications, luminaire price estimates (for budgeting purposes only) and any other special drawings or lighting analyses deemed necessary for your project. We will present our recommendations to you and amend documents according to your response. You may submit the documents to an electrical contractor for pricing estimates on equipment and installation. Once you have selected an electrical contractor, it will be their responsibility to obtain any necessary engineering approvals or permits before installing the lighting system. We carefully select all lighting equipment to fulfill the specific requirements of your lighting design. To ensure that the appropriate equipment is ordered and installed, we recommend that the data sheet for any substitute product be submitted to us for approval prior to purchase. We will need to charge for these reviews at the hourly rate. When you or your contractor notifies us that the lighting rough -in will be completed in at least 7 days, we will schedule an on -site inspection of the electrical rough - in and final trim -out to ensure that the design has been appropriately implemented. Shakespeare Lighting Design LLC will bill you at the rate of $125.00 per hour for its service. An estimate of our total fee for specified phases of your project will be provided before we begin design work. In addition to the hourly design fee, you may be billed for actual and reasonable disbursements for this project such as postage and delivery charges, reproduction costs, travel costs, etc. We will bill you monthly for fees and expenses incurred to date, which will be due and payable Page 148 of 188 upon receipt of the statement. We will make every reasonable effort to complete the project's phases within the estimated fee totals. Changes that you may request after the approval of the final layout will be billed at the hourly rate. You will be responsible for informing us of any changes that take place which may affect our design work and specifications Our relationship with you under this agreement is that of advisor and consultant. We are not licensed to practice (nor do we practice) as an architect, engineer, electrical consultant, electrical contractor, or electrician under the laws of the State of Indiana or any other state. It will be your responsibility to see that all construction and electrical installation work is accomplished through duly qualified and when necessary, properly licensed persons. While we may recommend various persons to you with whom we have worked before, we make no representation as to the experience, qualifications, or ability of any person not on our staff. While we will make every reasonable effort to meet your lighting design needs, we make no warranty as to the services provided under this agreement. The liability of Designer to Client shall in all events be limited to the amount equal to the total fees paid to Designer by Client for services rendered and shall not include any consequential or punitive damages. We look forward to working with you. Sincerely, Shakespeare Lighting Design Page 149 of 188 Shakespeare Lighting Design LLC 7/27/2020 Waterloo Lighting Experience 4th Street Pedestrian Bridge and River Cascades Goals and Strategy The following outline of our lighting design concept is distilled from our meetings last week with Mayor Hart, members of the City of Waterloo staff, Mark Kuiper and leaders in the community who are members of WDC. Our aim was to hear the hopes and dreams of some of Waterloo's leading citizens for this river attraction and to chart a course for transforming those dreams into an exciting and achievable reality. We believe that our company has the experience, imagination and expertise to bring this vision to life. The voice and vibrancy of the river emerges in the heart of Waterloo at the glistening waterfall and turbulent cascades, perfectly viewed from the 4th street pedestrian bridge. In daylight, the natural beauty of the waters is revealed, but after sunset it is muted. Imagine being drawn towards flows of radiant color softly emerging from the bridge canopy at dusk, and then being enveloped in a rainbow. As you move through this magical ambiance, you also witness a symphony of colorful flourishes revealing the cascades below. Walking towards the "NODEs" on the bridge, the two larger sections, you see a beautiful colorful fluid flow of light projected onto the tall arching ceilings. The middle of the larger canopies become mini - destinations... places to pause and experience. In the association with the flow of water beneath, from afar, the NODEs evoke a large Paddle Wheel or TURBINE image. While colored lighting flows along the length of the narrow canopies, the Turbine lighting 1 Page 150 of 188 Shakespeare Lighting Design LLC 7/27/2020 flows rotating around its axis. At times it is a solid static color and at other times, three bands of color move at different speeds. This motion tracks across the side windows, creating three dimensions of rolling color, observed from all distant vantage points. You are now immersed in an incredible visual celebration in the heart of the city. Nearly 600 feet of moving rainbow color, along with points of colored light along the outside face of the walkway, beckon from vantage points along both sides of the river, binding together the two halves of Waterloo. To effectively illuminate the translucent pedestrian bridge canopy, we propose that fixtures be unobtrusive and follow the linear beams at the base of the arched canopy, aiming upward into the glass. The existing floodlights will be removed and replaced with small low -glare luminaires creating pools of white light every 50 feet, insuring a stable visual environment at path level for pedestrians while color flourishes around them. At the NODEs, additional structure is required for mounting the array of lights at optimal angles to illuminate these taller sections of the canopy, perhaps by "extending" the beams at the base of the narrower walkway across the node. The beams, covered in a mirror-like material, also serve to conceal the lighting. The cascades' lighting fixtures are tucked below the exterior concrete railing, to reduce their visual profile while optimally grazing the water with color -changing light. Their narrow beams tilting downwards towards the cascades and their visors will minimize glare upstream. The surface of the concrete railing, facing the cascades, will feature selectively placed direct view luminaires, providing jewel-like points of 2 Page 151 of 188 Shakespeare Lighting Design LLC 7/27/2020 light when viewed from a distance. Variations of this color -changing lighting can be applied to other bridges in the future. The visual pallet assembled to create this attraction can serve to inspire future illuminated features along the river and throughout the community. We have attached several annotated photos to clarify location names mentioned in this summary The dynamic lighting from the three systems will have a sophisticated industrial central controller. This controller stores and plays back prerecorded lighting sequences, according to its internal calendar. For example, lighting sequences designed for the winter season would automatically switch to an appropriately celebratory lighting score for New Year's Eve. Color sequences will be activated at sunset and turn off at midnight, while pedestrian pathway lights will be triggered by a daylight photo sensor and will be lit all night. The system also has the capability to coordinate lighting sequences with future riverside features. Ideally the system is connected to the internet, enabling remote monitoring and programming updates. The current versions of the technologies we specify are continually evolving. We specify those that are precise, durable and low maintenance from companies with a history of innovation and reliable technical support. We have attached an estimate of our design fee for steps 2 and 3 of the Summary of Project Flow (attached), the Design Development and Preliminary Cost Estimates phases. Once our final design proposal is approved, we will be able to estimate our fee for the remaining project phases. Although we were pressed to indicate a cost range for the completed bridge and cascades lighting materials to the stakeholders in Waterloo, final equipment costs and installation bids can only be 3 Page 152 of 188 Shakespeare Lighting Design LLC 7/27/2020 ascertained once the completed design is approved and construction documents have been produced. Our time in Waterloo revealed the deep passion many citizens have for their city. There is hope for greater unity between the two sides of the river. There is a desire to draw visitors from surrounding communities. Much needed renewal has been achieved in the past decade, and more enhancements to the life of this community are on the horizon. By transforming the pedestrian bridge and cascades into an evening destination anchored in the city center, adjacent areas will be enlivened as well. We are honored that you have invited us to become a part of Waterloo's ongoing transformation. Sincerely, Rob and Marie Shakespeare Shakespeare Lighting Design LLC Rob@ShakespeareLighting.com Marie@ShakespeareLighting.com 4 Page 153 of 188 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AEC OM Technical Services, Inc., of Waterloo, Iowa, originally executed May 4, 2020, in an amount not to exceed $29,500, in conjunction with the FY 2021 Waterloo Regional Airport Water Main Improvements - Phase I Project, Contract No. 1033, and authorizing the Mayor to execute said document. City Council Meeting: 10/19/2020 Prepared: 10/14/2020 SUBJECT: Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed May 4. 2020, in an amount not to exceed $29,500, in conjunction with the FY 2021 Waterloo Regional Airport Water Main Improvements - Phase I Project, Contract No. 1033, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: See attached agreement for scope of services Expenditure Required: not to exceed $29,500.00 Source of Funds: TIFF Page 154 of 188 CITY OF WATERLOO Council Communication Resolution approving the Animal Control Services Agreement with the City of Cedar Falls commencing November 1, 2020 thru October 31, 2023, with an increase not to exceed 2.5 percent per year, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/19/2020 Prepared: 10/13/2020 ATTACHMENTS: Description Type ❑ Animal Control Backup Material SUBJECT: Resolution approving the Animal Control Services Agreement with the City of Cedar Falls commencing November 1, 2020 thru October 31, 2023, with an increase not to exceed 2.5 percent per year, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Sandie Greco, Animal Control Director Recommended Action: Approve Agreement. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: The City of Waterloo has contracted with Cedar Falls for Animal Control Services since 2015. Each year our call volumes increase along with cost for services. This contract includes a clause to increase costs per call for the next 3 years not to exceed 2.5%. Changes in call charges are as follows: Domestic Animal Call from $112.00 to $117.60 After hours Domestic Animal Call from $128.00 to $134.40 Wild Animal Call from $99.00 to $103.95 After hours Wild Animal Call from $110.00 to $115.50 DOA calls from $68.00 to $71.40 DOA after hours call from $78.00 to $81.90 DOA Deer from $97.00 to $101.85 DOA Deer after hours 105.00 to $110.25 Revenue Source Goal 2 - Strategy 2.2: To enlist all City departments and staff members in efforts to promote a safer community. Page 155 of 188 AGREEMENT BETWEEN THE CITY OF CEDAR FALLS, IOWA AND THE CITY OF WATERLOO, IOWA FOR ANIMAL CONTROL SERVICES This Agreement is made the day of , 2020, by and between the City of Cedar Falls, Iowa, an Iowa municipality (hereinafter "Cedar Falls"), and the City of Waterloo, Iowa, an Iowa municipality (hereinafter "Waterloo"). Recitals WHEREAS, Cedar Falls desires to provide the residents of the City of Cedar Falls with certain animal control services; and WHEREAS, Waterloo, through its Animal Control Services department or by contract with Cedar Bend Humane Society, possesses the skills, training, experience, and ability to perform animal control services required by Cedar Falls for the residents of the City of Cedar Falls, and the parties have reached agreement thereon and desire to reduce their agreement to writing; and WHEREAS, Iowa Code Section 28E.12 allows any one or more public agencies in Iowa, including cities, to contract with one another to perform any governmental service, activity, or undertaking which any of the public agencies entering into the contract is authorized by law to perform. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth below, it is mutually agreed as follows: Basic Animal Services Waterloo (which for purposes of this Agreement shall include its contracted agents) shall provide the following Basic Animal Services for domesticated dogs, cats, and other domestic animals (hereinafter collectively referred to as "Domestic Animals"), and sick and injured wildlife animals, except for livestock: 1 Page 156 of 188 1. Facilities. Waterloo shall employ competent persons to perform all necessary duties and functions of, and furnish and maintain facilities and equipment adequate for, the housing, shelter, care and disposal of Domestic Animals, as required for an animal pound or animal shelter under the statutes of Iowa. Such housing, shelter, care and disposal services for Domestic Animals shall be furnished at facilities of the Cedar Bend Humane Society, 1166 W. Airline Highway, Waterloo, IA 50703, or at such alternate location(s) that Waterloo may establish as an animal pound or shelter (hereinafter called the "Facilities"). 2. Equipment and Personnel. Waterloo shall furnish a suitably equipped vehicle and a competent humane officer or officers to provide animal control services in the City of Cedar Falls. 3. Impound Services. Waterloo shall collect and impound Domestic Animals, licensed or unlicensed, unlawfully at large or confined within the City of Cedar Falls in violation of the ordinances of Cedar Falls. a. Medical Examination. Waterloo shall medically examine all incoming animals to determine whether the incoming animal will be subject to a hold, will be euthanized, or subject to quarantine. i. Waterloo shall inoculate all animals subject to a hold for diseases common to their species. ii. Waterloo shall immediately euthanize any animal that is found to be sick, injured or not old enough to survive on its own accord or is beyond the care that the shelter can provide. iii. Stray cats appearing to be feral may be euthanized immediately. b. Animals Subject to a Hold. i. Waterloo shall hold stray dogs and cats for five (5) consecutive days if there is no known owner. If no owner claims said animal within the five (5) day holding period, Waterloo shall assume ownership. ii. Waterloo shall hold stray dogs and cats with identifying information, such as a license, rabies tag, ID tag, or microchip, for seven (7) days. Waterloo shall attempt to contact the owner utilizing the animal's identifying information. Contact may include phone call(s), and shall include posting written notice on the residence of the dog or cat owner, and posting of notice on Waterloo's website, if such owner is known. If no owner claims said animal within the seven (7) day waiting period, Waterloo shall assume ownership. iii. Waterloo shall assume ownership of stray kittens and puppies that enter the shelter as a litter, or appear under the age of eight weeks old, after a holding period of twenty-four (24) hours. 2 Page 157 of 188 4. Complaint Services. Waterloo shall respond to complaints regarding Domestic Animals located within the city limits of Cedar Falls. a. Investigation. Waterloo shall investigate and pursue complaints until finally disposed of in accordance with the Cedar Falls Code of Ordinances and the Iowa Code relating to harboring or licensing of Domestic Animals. b. Record of Investigations. Waterloo shall make a complete investigation of complaints, excluding barking dogs, pertaining to Domestic Animals and keep a brief written record of its investigations. c. Seizure. Waterloo shall seize, if necessary and possible, any Domestic Animal which is the subject of a complaint. 5. Quarantine Services. Waterloo shall seize stray dogs and cats which must be quarantined as a result of a bite case. Dogs and cats are subject to quarantine if they have bitten a person and drawn blood. The quarantine period shall be for ten (10) days. a. Location of Quarantine. Waterloo shall determine the location of the quarantine. Quarantine at Waterloo's Facilities will be at Waterloo's discretion. Waterloo shall not be responsible for quarantining animals with known owners. Waterloo may board owned animals if the owner refuses to quarantine, the animal is unusually aggressive and poses a direct threat to others, or an uncontrolled situation prevents the owner from being able to quarantine the animal. In the event quarantine cannot occur on the owner's premises, or at the request of Cedar Falls, Waterloo shall transport animals to be quarantined to an approved facility such as a local veterinarian, licensed kennel, or Waterloo's Facilities. b. Reporting Requirements. Waterloo shall complete bite reports and communicate and record all incidents as required by the Black Hawk County Health Department. c. Fees. Owners will be responsible for payment of quarantine fees, which include boarding fees, medical fees, transport fees and/or pick up fees. If the owner of a quarantined animal is known and can be located, the owner shall be billed for the quarantine fees. All quarantine fees must be paid in full by the end of the ten (10) day quarantine period, or Waterloo will not return the quarantined animal to the owner. In the event the owner fails to pay the quarantine fee by the end of the ten (10) day quarantine period, Waterloo shall assume ownership of the animal. 3 Page 158 of 188 d. Rabies Testing Information. Waterloo is not responsible for providing rabies testing; however, Waterloo shall provide to the public, upon request, information about options and fees for rabies testing. 6. Other Terms. Waterloo agrees to the following provisions pursuant to this Agreement: a. Waterloo may charge and retain a fee which is charged to the animal owner of not to exceed $50.00 for accepting each Domestic Animal taken to the Facilities of Waterloo as provided for in this Agreement. b. Waterloo may charge a maximum fee of $10.00 per day to the animal owner for boarding a Domestic Animal at the Facilities of Waterloo pursuant to this Agreement. c. Waterloo acknowledges that Cedar Falls does not require microchipping, spaying, or neutering of any animal that is handled by Waterloo pursuant to this Agreement. d. Waterloo agrees that prior to returning any animal taken to the Facilities of Waterloo under this Agreement, Waterloo will insure that the animal is up to date on all shots and City of Cedar Falls licensing. e. Should Waterloo deem a citation should be issued for any Domestic Animal incident handled under this Agreement, the final decision whether to issue a citation under the ordinances of Cedar Falls shall be based upon the review of an animal control officer of Waterloo and a public safety officer of Cedar Falls. f. Cedar Falls' public safety officers shall attempt to pick up and hold animals in the Cedar Falls Police Department garage during late - night hours for next -day pickup, to avoid late -night call -outs, or will attempt to drop off a Domestic Animal at the Cedar Bend Humane Society drop-off location. Nevertheless, some late -night calls may still occur if the public safety officer for Cedar Falls is not successful in capturing the animal. g. Cedar Falls' public safety officers shall handle all barking dog complaints in the City of Cedar Falls. h. Waterloo may, in its sole discretion, euthanize or dispose of by sale or by donation to a suitable animal shelter or rescue organization any animal as to which it assumes or is deemed to assume ownership under this Agreement. 4 Page 159 of 188 7 Hours. a. Hours of Services. Basic Animal Services shall be provided twenty- four (24) hours per day, seven (7) days per week, during the entire term of this Agreement. b. Normal Business Hours. For purposes of determining fees for certain services as provided in Section 8 and Section 9 of this Agreement, Waterloo's normal business hours shall be 8:00 a.m. to 4:00 p.m., daily, that is, Monday through Sunday (hereinafter referred to as "Normal Business Hours"). 8. Fees. Cedar Falls shall pay Waterloo in monthly installments for Basic Animal Services for the term of this Agreement, as follows: a. A fee of $117.60 per call for each Domestic Animal call which occurs during Normal Business Hours, as defined in Section 7(b) of this Agreement. b. A fee of $134.40 per call for each Domestic Animal call which occurs outside of Normal Business Hours. c. A fee of $103.95 per call for each wild animal call (sick or injured wildlife only) which occurs during Normal Business Hours. d. A fee of $115.50 per call for each wild animal call (sick or injured wildlife only) which occurs outside of Normal Business Hours. Waterloo shall bill for Basic Animal Services and for other services provided under this Agreement on a calendar monthly basis for services provided in the preceding month, and Cedar Falls shall remit payment within three (3) weeks of receiving Waterloo's invoice. The amounts listed for fees in this paragraph 8 shall remain in effect for a period of one year. Commencing with the second year of this Agreement, and for every subsequent year of this Agreement, including automatic renewal terms, the amounts for fees may be increased by a maximum of 2.5 %, upon at least 30 days advance notice thereof. Additional Services Waterloo shall provide the following additional services: 9. Dead Animal Pickup. Waterloo shall promptly pick up and dispose of all dead Domestic Animals and wildlife found anywhere within the City of Cedar Falls when requested by Cedar Falls, during Normal Business Hours. The fees for dead animal pick-up and disposal under this Agreement shall be as follows: 5 Page 160 of 188 a. A fee of $71.40 for pick-up and disposal of each dead animal other than deer. b. A fee of $81.90 for pick-up and disposal of each dead animal other than deer which occurs outside of Normal Business Hours. c. A fee of $101.85 for pick-up and disposal of each dead deer which occurs during Normal Business Hours. d. A fee of $110.25 for pick-up and disposal of each dead deer which occurs outside of Normal Business Hours Calls for and pick-up of all dead animals shall only occur during Normal Business Hours, unless necessary to mitigate a road hazard or related safety concerns. The amounts listed for fees in this paragraph 9 shall remain in effect for a period of one year. Commencing with the second year of this Agreement, and for every subsequent year of this Agreement, including automatic renewal terms, the amounts for fees may be increased by a maximum of 2.5 %, upon at least 30 days advance notice thereof. 10. Licensing. Waterloo shall fully cooperate with Cedar Falls and any and all departments of Cedar Falls in performance and observance of the ordinances of Cedar Falls pertaining to licensing of dogs and cats and not release any dog or cat to the owner thereof, or to any other person, except upon signature of the owner on an affidavit agreeing to license said dog or cat in Cedar Falls within a seven (7) day period of time or when said animal reaches four (4) months of age. Additional Provisions 11. Billings by City of Waterloo and Cedar Bend Humane Society Not to Be Duplicated. The parties agree that Waterloo will be contracting with Cedar Bend Humane Society for certain services under this Agreement with respect to Domestic Animals, and that Cedar Falls and Cedar Bend Humane Society may have a separate agreement for animal control services on certain terms and conditions. The parties agree that there shall be no duplicate billing of services to Cedar Falls by both the Waterloo and Cedar Bend Humane Society for the same services rendered to Cedar Falls under this Agreement and under any agreement between Cedar Falls and Cedar Bend Humane Society. 12. Term. The term of this Agreement shall commence at midnight on November 1, 2020, or the date this Agreement is filed with the Secretary of State, whichever is later, and shall terminate at midnight on October 31, 2023. This Agreement shall automatically renew for successive one (1) year terms, commencing November 1, 2023, unless either Cedar Falls or Waterloo gives written notice to the other party that the Agreement shall not renew, which notice shall be given at least ninety (90) days before the end of the then -current term of this Agreement. 6 Page 161 of 188 13. Termination by Cedar Falls. Cedar Falls shall have the right to terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to Waterloo. 14. Termination by Waterloo. Waterloo shall have the right to terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to Cedar Falls. 15. Reports. Waterloo shall provide to Cedar Falls a monthly report for all animals handled by Waterloo pursuant to this Agreement, indicating whether the incoming animal was boarded, quarantined, euthanized or disposed of. The report shall be provided to Cedar Falls by the tenth day of the following month. 16. Compliance with Law. Waterloo shall fully comply with applicable federal, state and local laws in providing services pursuant to this Agreement to Cedar Falls. 17. Indemnification. To the extent authorized by Article VII, Section 1, of the Iowa Constitution and Chapter 670 of the Code of Iowa, Cedar Falls agrees to indemnify and hold Waterloo harmless from any liability based on any claim, demand or cause of action maintained or asserted by any person, firm, association, or corporation against Waterloo as a result or on account of Waterloo wrongfully receiving and impounding any animal from Cedar Falls, so long as Waterloo has performed and complied with the terms of this Agreement, the ordinances of the City of Cedar Falls, and the laws of the State of Iowa. No right or claim on the part of any person or entity not a party to this Agreement is intended to be granted herein. 18. Notices. All notices given to parties under this Agreement shall be sent by ordinary mail to the following addresses: If to the City of Cedar Falls: Jeff Olson Director of Public Safety 4600 South Main Street Cedar Falls, IA 50613 If to the City of Waterloo: Sandie Greco Traffic Operations Superintendent 625 Glenwood Street Waterloo, IA 50703 19. Force Majeure. A party will be excused from the obligations of this Agreement to the extent that performance is delayed or prevented by any circumstances reasonably beyond its control, including but not limited to fire, explosion, mechanical breakdown, strikes or other labor disputes, unavailability or interference with the usual means of transport, or compliance with any law, regulation or request or 7 Page 162 of 188 action (actual or threatened) of any governmental authority other than a party to this Agreement. 20. Severance. In the event any term or provision of this Agreement is declared unlawful by a court of competent jurisdiction, that provision shall be null and void and the remaining terms shall remain in full force and effect and shall then be the agreement between the parties. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions of the parties pertaining to the subject matter hereof, whether oral or written. 22. Assignment and Amendment. This Agreement may not be assigned without the advance written authorization of the non -assigning party. This Agreement may be amended in writing, after approval by Cedar Falls and Waterloo. IN WITNESS WHEREOF, the parties have entered into this Agreement for Animal Control Services by their duly authorized representatives. City of Cedar Falls, Iowa By: Attest: Robert M. Green, Mayor Jacqueline Danielsen, MMC, City Clerk City of Waterloo, Iowa By: Attest: Quentin Hart, Mayor Kelley Felchle, City Clerk 8 Page 163 of 188 CITY OF WATERLOO Council Communication 3:40 p.m. Work session, Harold E. Getty Council Chambers City Council Meeting: 10/19/2020 Prepared: Submitted by: Submitted By: Page 164 of 188 CITY OF WATERLOO Council Communication 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers City Council Meeting: 10/19/2020 Prepared: Submitted by: Submitted By: Page 165 of 188 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of September 2, 2020. City Council Meeting: 10/19/2020 Prepared: 10/7/2020 ATTACHMENTS: Description Type D Airport Board Meeting Minutes, September 2, 2020 Backup Material SUBJECT: Airport Board Meeting minutes of September 2, 2020. Submitted by: Submitted By: Page 166 of 188 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday September 2, 2020 I. ROLL CALL Chair Arlene Humble called the meeting to order, via Zoom, at 12:00 p.m. Board Members Present: City Officials Present: Airport Staff Present: Other Attendees: Arlene Humble, Gwenne Berry, Cary Darrah, Scott Voigt, David Deeds and Todd Holcomb. Council Persons Margaret Klein and Ray Fuess. Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Doug Schindel, AECOM. II. AGENDA AS RECEIVED OR AMENDED No comments, no motion. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Voigt asked what the cost of closing Runway 6/24 will be. Mr. Kaspari stated the cost would most likely be less than $8,000.00, not including staff time for tasks such as grinding pavement markings. Mr. Voigt asked about testing of AFFF Foam on the airport fire trucks and whether CARES Act funding being put back is now being obligated. Mr. Kaspari stated none of the CARES Act funding has been obligated yet. Even once high priority airport improvement projects begin, $300,000 is being held back to cover operating costs in case of COVID-related revenue shortfalls. In addition, $150,000 is being held back to supplement PFC Revenue in case it's needed for city matching funds for FY-21 or FY-22 FAA projects, if those grants are not issued at 100% funding, but rather 90/10 funding allocation. B. Monthly Planning & Development Report — N/A C. Legislative Information - No discussion. 1 Page 167 of 188 D. Misc. Monthly Airport Reports Reviewed July budget report, Airline stats, On -Time Performance and Fares. Mr. Voigt asked if the Year over Year reduction in Rent & Lease ($8,960) is due to the lease deferral granted to Livingston Aviation. Mr. Kaspari stated partially but pointed out that other items that go into Rent & Lease are also down, including car rental commissions. Mr. Voigt also mentioned that a neighbor told him about a situation where he received very poor service from the Avis -Budget counter at the Airport. Mrs. Humble stated that one of her employees had a similar problem with Avis -Budget. Mrs. Beny asked what can be done, as poor customer service from a Terminal tenant reflects poorly on the Airport as a whole. Mr. Deeds asked if this is a franchise or corporate location. Mr. Kaspari stated he believes it is a franchise. Mr. Deeds stated that Mr. Kaspari may need to approach the franchiser. Mr. Deeds also asked if Hertz has been approached about moving their operations from University Ave to the Airport instead of operating out of both locations. Discussion followed. V. BOARD APPROVAL A. Approval of Minutes of the July 28, 2020 Regular Meeting Mr. Voigt moved that the minutes of the July 28, 2020 meeting be approved, seconded by Mrs. Beny. Ayes: 5. Motion carried. B. Motion to Receive and File July 2020 Expenses Mr. Voigt moved that the July 2020 expenses be received and filed, seconded by Mr. Deeds. Ayes: 5. Motion carried. C. Motion to Receive and File August 2020 Expenses Dr. Holcomb moved that the August 2020 expenses be received and filed, seconded by Mrs. Darrah. Ayes: 5. Motion carried. Mr. Voigt asked about the cost of lighted barricades for closed Runway 6/24 at $800 per month, and if those need to be lighted 24/7. Mr. Kaspari stated that FAA is requiring the lighted barricades remain in place until the yellow painted X's have been completed. 2 Page 168 of 188 VI. OLD BUSINESS A. Update: Osprey Aviation Mr. Kaspari stated that with the favorable weather contractors are making good progress on the new hangar construction, which may be complete before their anticipated completion date of July 2021. He also pointed out the pictures included in the Board packet. B. Update: Status of Agreement with Kingfisher Aviation. Mr. Kaspari stated that there is still not an executed document and City Attorney, Martin Petersen, continues to experience communication challenges. Kingfisher is close to placing all utilities in their name. Mrs. Berry asked if there is a deadline for signing the document. Mr. Kaspari stated no deadline has been issued. Mr. Deeds questioned the status of Hangar 4. Mr. Kaspari gave an update on work that is being completed, including mold mitigation. C. Update: FY-2020 FAA Funded Projects Mr. Kaspari stated that FAA Grant #46, Terminal Apron and Taxiway work and Obstruction Mitigation, is on the agenda to be accepted by Council next week, as is the Professional Services Agreement with AECOM for the project. D. Update: Iowa DOT CSVI Funded Projects: ➢ FY-2019 Replacement of Terminal Carpeting ➢ FY-2020 Hangar 4 Improvement Project Mr. Kaspari stated that the contractor is placing the order for carpet and they hope to have it installed prior to November 1st. Doug Schindel shared the design and carpet selections. VII. NEW BUSINESS A. Outstanding Fees Owed by American Airlines Mr. Kaspari shared background information on the Airline Agreement, which dates back to July 2018, and the additional rent and fees that American Airlines agreed to pay, but remain outstanding. Mrs. Humble stated that trying to get additional fees from AA may not be possible in the current situation. Mrs. Humble suggested that we try to recruit some type of Air Cargo carrier to supplement revenue. This could also help to replace the revenue we currently receive from American if things get worse and they would have to leave the 3 Page 169 of 188 market. Dr. Holcomb stated that American carries the most debt of any Legacy carrier. Mr. Deeds stated that the outstanding amount owed should not be written off in case American ends up filing bankruptcy, as we may be able to claim a portion of what's owed to us. Mrs. Darrah stated that in a worst case scenario we could become an "Executive Airport" for private corporate jets, and that a large local employer had mentioned this to her. Mr. Deeds suggested that Mrs. Darrah follow up with that employer to inquire as to what services they would require that aren't currently available for their corporate travel, as many other local businesses do operate their jets in and out of Livingston Aviation. B. Review of Parking Revenues Received YTD in Contrast with Previous Years Mr. Kaspari stated that if parking revenue remains at the current level we may need to start drawing down on our CARES Act funding to make ourselves whole for FY-21. Mrs. Berry stated that we may need a brainstorming session for everyone to throw out any and all ideas for new revenue streams. C. Air Service Working Group — Marketing Sub -Committee Mr. Deeds gave an update on marketing efforts and stated that the funds raised to pay the retainer for consultant, Volaire Aviation, will likely run out at the end of 2020. He stated that the marketing sub -committee is concentrating on social media marketing. Mr. Kaspari stated that the website should be re -done by the 4th quarter of 2020 or 1st quarter of 2021. Mr. Deeds stated the ASWG is also working on a passenger survey. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Mrs. Darrah moved the meeting be adjourned at 1:17 p.m., seconded by Mr. Deeds. Ayes: 5. Motion carried. Respectfully submitted, Arlene Humble, Chairperson 4 Page 170 of 188 CITY OF WATERLOO Council Communication Planning, Programming and Zoning minutes of September 1, 2020. City Council Meeting: 10/19/2020 Prepared: 10/13/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Planning, Programming and Zoning minutes of September 1, 2020. Submitted by: Submitted By: Page 171 of 188 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. September 1, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Patrisha Serfling. Members present electronically were: Virginia Wilber, Sylvia Jackson, Cody Leistikow, Craig Holdiman, Steve Trost and Eric Donat. Members absent were: Brandon Schoborg and Sue Flynn. Others present: Aric Schroeder, Seth Hyberger, Chris Western and John Dornoff — Planning Department, and 6 citizens. Others present electronically: 1 Citizen I. Approval of the Agenda It was moved by Serfling, seconded by Holdiman to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on August 4, 2020. It was moved by Holdiman, seconded by Leistikow to approve the minutes amending minutes to say Serfling was absent and correcting a spelling error. Motion carried unanimously. III. Financial Report July 2020 Schroeder read the financial report. It was moved by Holdiman, seconded by Trost to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Hearings — Site Plan Amendment 1. Request by Peters Construction for a Site Plan Amendment in the "C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building plus a 10,175 square foot addition located at 4140 Kimball Avenue. It was moved by Holdiman, and seconded by Leistikow to receive and place on file the statement of verification at 4: 05 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the request with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Page 172 of 188 Planning and Zoning Commission September 1, 2020 Leistikow asked why the sign mentioned in the staff report was not included in the conditions to which Dornoff responded that the sign would require an encroachment agreement which would be a separate request and the applicants are not to that point yet. Eric Locke, 1420 Olympic Drive, was present to answer questions. Jackson asked about impacts of the crematorium to which Locke noted that there is currently 3 crematoriums within City of Waterloo city limits and stated that the process takes about 1.5 hours and leads to no negative effects. It was moved by Holdiman, seconded by Trost to close the public hearing. Motion carried unanimously. The hearing was closed at 4:13 p.m. It was moved by Trost, seconded by Jackson to recommend approval of the site plan amendment request with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Motion carried unanimously. B. Special Permits 1. Request by Eagle Point Solar on behalf of Black Hawk County for a Special Permit to allow for construction of solar panels in the "R-3" Multiple Residence District located at 1407 Independence Avenue. Hyberger read the staff report recommending approval of the special permit request. Wilber asked if there was an answer to what will be located under the panels to which Hyberger answered they would be primarily perennials which are pollinators. Trost asked about setbacks to which Hyberger responded 10-feet. Donat asked if the fence needs to be higher than 8-feet since the collectors will be 9-feet to which Schroeder responded that fences are not permitted to be higher than 8-feet. Kent Krause, Eagle Point Solar stated that the building currently spends $52,000 on electricity and this solar project will reduce it to $120. The array has a 25-year warranty. Trost asked if there had been any communications about the project and had a letter been sent out to which Dornoff responded that a courtesy letter was sent out to those within 250-feet along with the Highland Historic Neighborhood to which staff received two calls both in favor of the project. It was moved by Leistikow, seconded by Donat to recommend approval of the special permit for an Eagle Point Solar on behalf of Black Hawk County for a Special Permit to allow for construction of ADD SIZE OF solar panels in the "R-3"Multiple Residence District located at 1407 Independence Avenue. Motion carried unanimously. C. Vacates 1. Request by the City of Waterloo to vacate right of way north of 217 Conger and west of 124 Center Street. Western read the staff report recommending approval of the vacate request. 2 Page 173 of 188 Planning and Zoning Commission September 1, 2020 Wilber asked if an easement or the outlay of the vacate will need to be adjusted due to the waterline to which Western responded that it could be either one, and that staff would work with Water Works on what they will need for easement or right-of-way. It was moved by Serfling, seconded by Donat to recommend approval of the vacate request subject to the vacate being adjusted either in size or adding an easement due to the water line. Motion carried unanimously. 2. Request by the City of Waterloo to vacate right of way at the northwest corner of Maynard Avenue and Greenhill Road located to the southeast of 437 Norris Court. Hyberger read the staff report recommending approval of the vacate request. Leistikow asked if a home was built would they be required to have access off Maynard to which Schroeder said that they would. It was moved by Trost, seconded by Donat to recommend approval of vacate request. Motion carried unanimously. D. Appeals 1. Request by Modern Design on behalf of Image Pointe for an appeal of the Driveway Policy for an extended curb cut on Cornwall Avenue in a "C-2" Commercial District at 1224 La Porte Road. Dornoff read the staff report recommending approval of the appeal with the conditions that 1) the parking area would need to graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance and meet specifications of the city engineer, and 2) the parking area will not block the sidewalk or street system in the area. Jim Trunnell, Modern Design Architects represented the applicant. Donat asked what was meant by the curb cut to which Trunnell explained what an extended curb cut is. Donat asked about Elahi's comments about the changes to La Porte Road to which the proposed changes to the road that is currently being studied. Schroeder discussed the pending La Porte Road reconstruction project. Trunnell gave more explanation of the curb cut. It was moved by Serfling, seconded by Trost to recommend approval of the appeal request with the conditions that 1) the parking area would need to graded, drained and hard surfaced per Section 10- 25-2(D) of the Zoning Ordinance and meet specifications of the city engineer, and 2) the parking area will not block the sidewalk or street system in the area. Motion carried unanimously. VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be on October 6, 2020. Dornoff also noted that the November meeting will be held on November 10th due to the election being held on November 3ra VII. Adjournment 3 Page 174 of 188 Planning and Zoning Commission September 1, 2020 It was moved by Serfling, seconded by Donat, to adjourn the meeting at 4:58 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 4 Page 175 of 188 CITY OF WATERLOO Council Communication Complete Streets minutes of August 18, 2020. City Council Meeting: 10/19/2020 Prepared: 10/13/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Complete Streets minutes of August 18, 2020. Submitted by: Submitted By: Page 176 of 188 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting August 18, 2020 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm August 18, 2020 by Chairperson Cass. Due to the COVID-19 epidemic the meeting was held via the Zoom online meeting application. Roll Call: Members present electronically: Janet Buls, Felicia Cass, Paul Huting, Ray Feuss, Brian Schoon, Pat Morrissey, Wayne Castle, Codie Leseman, Jessica Rucker, Kevin Blanshan, and Aric Schroeder. Members absent were: Mohamad Elahi, Will Frost, Dan Trelka, Jeff Bales, Abraham Funchess, and Greg Young. Other people attending: David Sturch — Met Transit and John Dornoff — City of Waterloo Planning It was moved by Buls, seconded by Rucker to approve the minutes of the July 21, 2020 meeting. Motion carried unanimously. Review of Sidewalk Projects from Street Reconstruction List and Recommendations on Requests for Funding Sidewalk Projects, Ranking for CIP • Castle looked at both recon and overlay projects. • Portion of projects already have sidewalks with some improvements to crossings. • Some streets have long lengths of needed infill and it likely does not make sense to try and prioritize funding in areas where it would not connect to anything around it. • New bike path along Shaulis Road is moving forward in phases. • Only one that appear to work is Heath Street to Logan Frontage Road by the Hy-Vee Gas Station. • Cass met with Knutson last week with Knutson stated he requested $200,000 for sidewalk infill. • Estimated cost for Heath Street from $6000 to $10,000. • Leseman asked what we are looking at for these projects, feels that there is some missed opportunities such as Bertch Avenue which has only one block of missing sidewalk on south side. • Previously asked for smaller project but Bertch will be a bigger project. • Hard to make recommendations when not much money will be allocated. • The priority for sidewalks on the south side of Bertch is low because there is already sidewalks on the north side. In addition, Bertch is an overlay not a reconstruction project which will make sidewalks more expensive. • Hoff Road and West 4th will be reconstruction south of US Highway 20, but this is a multiple block project and will be very expensive and portions already have sidewalks. • Cedar Falls started out with one lot, two lot missing gaps then moved on to bigger gaps. • Big project could upset residents, need to get the public support so elected officials can support. • Knutson does not support changing the local option rules to allow it to be used for sidewalks. • Doing projects as part of the yearly sidewalk repair program may work better and allow gaining traction for bigger projects. • There are a few areas in zone 1 for next year that have sidewalks, but as you go north there is many areas with no sidewalks. • Castle will look for possible projects for next year and score them. • Most projects this year scored poorly on the Complete Streets scoring matrix. • Leseman thought this was too conservative. Page 177 of 188 Complete Streets Advisory Committee August 18, 2020 Downtown Trees • JSA is looking to move forward with tree project and city council delayed several sidewalk projects in the area to let them have time to work on tree project. • There is a couple of other properties that JSA is working with the owners to get the project done in front of their businesses. • Planting of the trees was delayed due to possible events that were supposed to be held like Octoberfest that has not been cancelled. • Ball was dropped in a few places in trying to get the master plan done. • Forester has been engaged in the tree discussions. Update on Council Work Session on Sidewalk Infi11 Policy • Council work session on Sidewalk Infill policy on Monday. • Castle to do presentation with Cass on call. • Morrissey feels that it should be done by Ordinance to make it more difficult to change in the future. Update on Development of Additional Sidewalk Infill Policy (Large Projects) • Large missing segments. • Want to include equity measures. • May need to develop a sidewalk master plan instead Upcoming PZ Agenda Review • Driveway appeal at the corner of Cornwall and La Porte Avenue. • If appeal is approved will need to have sidewalk cuts. • Plans underway to include sidewalk on reconstruction on La Porte Road. • Why not ask them to put in sidewalks. • Complication is former frontage road with the north access point is barricaded off. • Reconstruction of La Porte Road will include a small portion of Cornwall Avenue. • La Porte Road will be shifted to the west to create more separation at Mitchell with US Highway 218 and Cornwall Avenue will be affected. • Only a third of a block of Cornwall Avenue in front of church has sidewalks. • Schroeder goes over the La Porte Road/Hess Road project noting that the north section will be the last part of the project done. • Vacate excess right of way at Greenhill Road but won't affect sidewalks. • 1210 Idaho is proposing a large solar farm north of their building but there is existing sidewalks on both Independence and Idaho. • Right of way vacate south of Conger along old railway line, there is existing sidewalks on Conger that won't be affected. Update on the Walnut Street Bike Route Focus Project • No update on the project. Other Project Updates 2 Page 178 of 188 Complete Streets Advisory Committee August 18, 2020 • Shaulis Road Trail Extension o No new updates currently working on design for segment from Cedar Terrace to Cedar Valley Nature Recreation Trail for design and will be constructed next spring. Will still be gap from US Highway 218 to Cedar Terrace, which does not have funding. Segment from Isle of Capri Blvd to US Highway 218 should be let next year. o Unfunded portion will be complicated due to nature of the area. Also concerns about the crossing of US Highway 218. Staff is going to work on getting funding for the missing segment. • University Avenue. o Continuing to progress. Other Discussion None Adjournment Leseman adjourned the meeting at 2:31p.m. Respectfully submitted, John Dornoff Planner I 3 Page 179 of 188 CITY OF WATERLOO Council Communication Board of Adjustment minutes of August 25, 2020. City Council Meeting: 10/19/2020 Prepared: 10/13/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Board of Adjustment minutes of August 25, 2020. Submitted by: Submitted By: Page 180 of 188 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON AUGUST 25, 2020 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Brad Condon, April Leadley, and Jeri Thornsberry. Board members in attendance were: John Beckman. Absent Board members were: John Chiles. Staff in attendance were: Aric Schroeder, John Dornoff, Seth Hyberger and Chris Western. Staff members present via Zoom: Noel Anderson. I. Approval of the August 25, 2020 agenda. It was moved by Beckman and seconded by Leadley to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on June 23, 2020. It was moved by Beckman, seconded by Thornsberry to approve the minutes of the June 23, 2020 Meeting. Motion carried unanimously. III. Decision Items 1. Request by Iowa Heartland Habitat for Humanity for a variance to the minimum lot size requirements to allow for the splitting of two lots to be 4,200 square feet each, 1,800 square feet less than the minimum 6,000 square feet required in an "R-3" Multiple Residence District located at the Southwest corner of Iowa Street and Almond Street. Dornoff gave staff report that recommended approval of the request for the following reasons: 1. Re -platting the property would reate4 an opportunity to have two new structures on the property in a way that would be compatible with the neighborhood. 2. Approving the request would be consistent with the Memorandum of Agreement between the City of Waterloo and the Walnut Court Coalition which encourages both the rehabilitation of existing houses and the construction of new ones. 3. Will help bring additional economic development into a neighborhood that has seen a lot of activity over the last couple of years since the Memorandum was signed. Condon asked if Habitat was ready to build houses or if this was just proposed for now. Ali Parrish, Director of the Iowa Heartland Habitat for Humanity stated that they have already started the foundation of the one home, and they have an interested party wanting to buy the second home, so with approval they could be started on the second home in September. Beckman asked if there will be houses built immediately. Ali Parrish stated that the houses will be built immediately. Beckman asked which way the homes would face. Parrish stated that one would face Iowa Street and one would face Almond Street. It was moved by Beckman, seconded by Thornsberry to approve the request by Iowa Heartland Habitat for Humanity for a variance to the minimum lot size requirements to allow for the splitting of two lots to be 4,200 square feet each, 1,800 square feet less than the minimum 6,000 square feet required in an "R-3" Multiple Residence District for the reasons as noted in the staff report, located at the Southwest corner of Iowa Street and Almond Street. Motion carried unanimously. Page 181 of 188 BOARD OF ADJUSTMENT August 25, 2020 2. Request by Jean Wagner and Richard Hansen for a variance to allow for the construction of a 24' x 24' accessory structure in the front yard and a variance to rehabilitate an existing 10' x 16' legal non -conforming accessory structure also located in the front yard in an "R- 1" One and Two Family Residence District located at 4524 Hoff Road. Hyberger gave the staff report that recommended approval of the request for the following reasons: 1. There would appear to be some uniqueness to this request due to the fact that the new garage and accessory structure to be rehabilitated would still be set back at least 112' from the front yard property line, despite the fact that both structures are being placed in the front yard, and there are existing structures located in the front yard were built prior to the adoption of the Zoning Ordinance. 2. Approval of a 112' and 126' front yard setback for the two accessory structures would not appear to alter the character of the surrounding neighborhood, and the structures will still be well behind the front yard setback of adjacent homes. Condon asked for clarification as to what the structures are currently used for. The applicant Richard Hanson stated that the larger structure is used as a garage and the smaller one is used to store a lawn mower and other items. Thornsberry asked that it be noted that there is a petition in favor of the request on file. It was moved by Thornsberry, seconded by Beckman to approve the request by Jean and Richard Hansen for a variance to allow for the construction of a 24' x 24' accessory structure (garage) in the front yard and a variance to rehabilitate an existing 10' x 16' legal non -conforming accessory structure (shed) also located in the front yard in an "R-1" One and Two Family Residence District located at 4524 Hoff Road for the reasons noted in the staff report. Motion carried unanimously. 3. Request by Michael Dahl and Brian Kennett on behalf of Justin and Christy Dams for a variance to the 1,800 square foot detached accessory structure maximum size requirements to allow for an existing 1,152 square foot garage located at 4245 West 4th Street to be combined with the property at 4202 Harbin Drive, in addition to an existing 900 square foot garage and 1,120 square foot barn, for a total of 3,172 square feet, 1,372 square feet more than what is allowed in an "R-1" One and Two Family Residence District located at 4202 Harbin Drive. Western gave staff report that recommended approval of the request for the following reasons: 1. There appears to be a uniqueness to this request, as the garage has been there since 1960 and no new structures are being constructed, therefore, the appearance of the area would not be changing. 2. The request would not appear to have a negative impact upon the surrounding neighborhood. And with the following condition(s): 1. That Lot 10 of Audubon Park Fifth Addition is tied to that portion of Lot 2 of Kenn Dahl First Addition that contains the garage through a restrictive covenant. Beckman pointed out that the staff report under Public Considerations states that Staff does believe that exceeding the square footage requirement by 1,372 square feet would negatively impact the surrounding area given the uniqueness of the situation. Western stated that it should read "does not believe". Thornsberry asked for clarification of the zoning classifications in the area. Western stated that the property at 4245 W. 4t' Street is Zoned "R-1" One and Two Family Residence District and that 4202 Harbin Drive is zoned "R-3" Multiple Family Residence District. Thornsberry asked if the different zoning classifications affect the maximum accessory structure limits. Western stated that it does not as the ordinance limits the maximum accessory structure square footage allowed to 1,800 square feet allowed regardless of how many acres the buildings may be located on and regardless of the zoning classification in residentially zoned areas. Condon asked if the request to split lot 2 would 2 Page 182 of 188 BOARD OF ADJUSTMENT August 25, 2020 cause issues with the property at 4245 W. 4th Street as far as making the lot too small per the ordinance. Western stated that it would not as the minimum square feet required is 9,000 and the property at 4245 W. 4th Street will have 23,129 square feet. Beckman asked for clarification on what the new lot lines would look like. Western explained what the new parcels would look like. Schroeder further explained that the original Ken Dahl Addition was split into 5 lots and that Lot 2 has the white barn on it that has been sold to the adjacent neighbors Justin and Christy Dams who live on Harbin Drive. Now the Dams are asking to purchase the garage that's is adjacent to the white barn and Lot 1 and the remainder of Lot 2 will stay together with the existing farm house at 4245 W. 4th Street. The applicants Mike Dahl and Justine Dams addressed the board stating they are available for questions. Condon asked if the applicant would sell off the west part of Lot 2. The applicant stated that he does intend to sell the west part of Lot 2 as there is a buyer who was not interested in buying the east part Lot 2 which includes the garage. However, Justin is interested in the eastern part of the lot with the garage and that Lot 1 with the existing farmhouse will become an L shaped lot and will include parcel L and Justin Dams will purchase Parcel L. Leadley gave her understanding of the request and the applicant concurred with her understanding of the request. Beckman asked how the new owner will access the garage. Justin Dams stated that there is a 20' access easement from 4th Street to Lot 5. Schroeder also stated that although there is not an actual driveway, the new owner will have access from the east as they own all of the property leading up to and around the garage. It was moved by Leadley, seconded by Beckman to approve the request by Michael Dahl and Brian Kennett on behalf of Justin and Christy Dams for a variance to the 1,800 square foot detached accessory structure maximum size requirements to allow for an existing 1,152 square foot garage located at 4245 West 4th Street to be combined with the property at 4202 Harbin Drive, in addition to an existing 900 square foot garage and 1,120 square foot barn, for a total of 3,172 square feet, 1,372 square feet more than what is allowed in an "R-1" One and Two Family Residence District located at 4202 Harbin Drive for the reasons as noted in the staff report. Motion carried unanimously. 4. Request by Nagle Signs on behalf of the City of Waterloo for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of two 48 square foot freestanding signs, for a total of 176 square feet of signage; 136 square feet more than the maximum of 40 square feet of total signage allowed, and a variance to allow the proposed freestanding signs to be located less than the minimum distance of 150' from existing freestanding signs in an the "C-3" Central Business District located at 420 Jefferson Street (City of Waterloo Expo Plaza). Hyberger 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. The additional square footage of signage is needed to promote Waterloo Expo Plaza events. 3. This request is unique due to the fact that most of the existing signage is used for directional purposes and not advertising purposes. Condon stated that it appears to be a straight forward request. Thornsberry stated that the she was impressed with the look of the signs. Mason Fromm with Nagle Signs noted he was able to answer any questions. There were no questions of staff or the applicant. It was moved by Beckman and seconded by Leadley to approve the request by Nagle Signs on behalf of the City of Waterloo for a variance to the Outdoor Advertising Signs and Billboards Regulations to allow for the installation of two 48 square foot freestanding signs, for a total of 176 square feet of signage; 136 square feet more than the maximum of 40 square feet of total signage allowed, and a variance to allow the proposed freestanding signs to be located less than the minimum distance of 150' from existing freestanding signs in an the "C-3" Central Business District located at 420 Jefferson Street (City of Waterloo Expo Plaza) for the reasons as noted in the staff report. Motion carried unanimously. 3 Page 183 of 188 BOARD OF ADJUSTMENT August 25, 2020 5. Request by Nathan Kalala for a Special Permit to allow for a religious facility to be located at 1712 West 4th Street in an "R-4" Multiple Residence District. Western gave staff report that recommended approval of the request for the following reasons: 1. The request is in an area zoned "R-4" Multiple Residence District with a mixture of residential and commercial uses surrounding it. 2. It would not appear to have a negative impact on the surrounding neighborhood. 3. It would not appear to have a negative impact on pedestrian or vehicular traffic in the area as there is adequate parking for the proposed use. Mason Fromm with Nagle Signs spoke in favor of the request as he is working with the applicant in moving an existing sign from a previous location to this new location but that they couldn't be moved until the Special Permit was approved. It was moved by Leadley and seconded by Beckman to approve the request by Nathan Kalala for a Special Permit to allow for a religious facility to be located at 1712 West 4th Street in an "R-4" Multiple Residence District for the reasons as noted in the staff report. Motion carried unanimously. 6. Request by Franklin Clapper for a Special Permit to allow for a Hobby Farm and a variance to the density of animals allowed and to allow the fencing of the Hobby Farm in the front yard, located at 3919 Texas Street in an "M-1" Light Industrial District. Dornoff gave the staff report recommending that the request as submitted be denied, as the area was short of the minimum required by the Ordinance for the number of animals requested, but recommending that a Special Permit be approved to allow 9 chickens for the following reasons: 1. The request would meet the density requirements of the newly passed Urban Animal Hobby Farm regulations for nine chickens. 2. The applicants do not have any residential neighbors near them. With the following condition(s) 1. That the property be properly fenced per the regulations for an Urban Animal Hobby Farm. Thornsberry asked if the entire property was fenced, including front yard, how many square feet that would be. Dornoff noted it would be 30,000 SF that would allow for ten chickens. Thornsberry asked if the area required for the chickens and goat has to be added up separately, or if they can overlap. Dornoff noted they are required to be separate. The animals do not have to be separate, but the area needed must be separately counted. Thornsberry asked if there was any surrounding land that could be built on. Dornoff noted no, and Thornsberry noted it is pretty much land -locked. Thornsberry asked what type of goat it was, to which it was indicated it was a miniature goat. Thornsberry asked if that meant it could be calculated under the small animal size requirements. Dornoff noted per the Ordinance, any got is considered to be an intermediate sized animal, but the fact that it is a miniature could be considered a uniqueness by the Board in considering a variance. Leadly asked the applicant to talk about the goat and setup of the property. Franklin Clapper, the applicant, noted that the goat is a miniature that he had bought for his daughter and it was a family pet, not a farm animal to them. Clapper noted that he has adequate shelter, has plenty of room, and he brings in hay and corn and all the nutrients that the goat needs. Leadly noted that a 1/2 mile down the road there is a farm, Kiefer Farms, where there are a lot more farm animals including 60 goats, so he figured he would be ok with one goat, which weights 40 to 45 pounds. Leadly expressed her support for the request, including the goat and all 13 chickens as originally requested, noting that there is a lot of benefits in having a goat and that this property is very unique and has no neighbors so does not see a concern. It was moved by Thornsberry and seconded by Leadley to approve the request by Franklin Clapper for a Special Permit to allow for a Hobby Farm and a variance to the density of animals allowed to allow one 4 Page 184 of 188 BOARD OF ADJUSTMENT August 25, 2020 goat and up to 12 chickens, and a variance to allow the fencing of the Hobby Farm in the front yard and within 10' of property lines, located at 3919 Texas Street in an "M-1" Light Industrial District, due to the uniqueness of the site with a pump station on one side, Aspro industrial use on the other, and bounded by a street and a railroad, without close residential neighbors. Motion carried unanimously. 7. Request by Kenneth M. Doland II for a variance to allow for a single family home without an accessory structure garage in the "R-2" One and Two Family Residence District to legalize a garage that was converted to living space without the construction of a replacement garage at 914 Reber Avenue. Hyberger gave staff report that recommended approval of the request for the following reasons: 1. There would appear to be a lack of reasonable return to the request, as a building permit was already issued in 2019 to allow for a garage space to be converted to living space without a replacement garage and the work has already been completed. 2. There would appear to be somewhat of a uniqueness to the request, as the building permit was already issued in 2019 to allow a garage space to be converted to living space without a replacement garage and the work has already been completed. 3. Approval of the variance would not appear to have a negative impact upon the surrounding area, as the garage has already been converted to living quarters and there are other houses in the neighborhood without a garage space that were built before that requirement was added to the Zoning Ordinance in 2015. Condon asked if the additional parking spaces approved by the City Council driveway appeal action will have to be hard surfaced, and Hyberger noted they would have to be hard surfaced. Thornsberry wanted to verify that this is cleaning up something that has already been done because two City departments had not communicated with each other that the garage space would not have been able to be converted to living space, and Hyberger noted that was correct, it will fix an error that allowed the permit to be issued even though it did not meet the requirement of the Ordinance, and staff is working with Building Inspections so that there will be review of future requests to convert garage space to living space. It was moved by Beckman and seconded by Thornsberry to approve the variance to allow for a single family home without an accessory structure garage in the "R-2" One and Two Family Residence District to legalize a garage that was converted to living space without the construction of a replacement garage at 914 Reber Avenue for the reasons noted in the staff report, and subject to a condition that the off-street parking spaces are properly hard surfaced. Motion carried unanimously. 8. Request by Jerry and Carmen Mullenix for a variance to allow for the construction of an attached garage with a 3' setback, 2' short of the minimum 5' side yard setback required in a "R-2" One and Two Family Residence District, located at 458 Devonshire Drive. 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 neighborhood or traffic conditions. 2. A similar request to build a 20' x 24' attached garage located across the street at 467 Devonshire, was approved by the Board of Adjustment on April 25, 2000 with no known negative effects. 3. The applicant has submitted a petition in support of the request which includes the property owner immediately to the west at 456 Devonshire Drive. 4. There is no known opposition to the request. Condon noted that the 19' addition is not even hardly a 2-stall garage. There were no other comments on the request. 5 Page 185 of 188 BOARD OF ADJUSTMENT August 25, 2020 It was moved by Beckman and seconded by Thornsberry to approve the variance to allow for the construction of an attached garage with a 3' setback, 2' short of the minimum 5' side yard setback required in a "R-2" One and Two Family Residence District, located at 458 Devonshire Drive for the reasons noted in the staff report. Motion carried unanimously. 9. Request by Brenden Etten for a variance to allow for the construction of a 2,560 square foot detached accessory structure for a total of 2,680 square feet of accessory structures, 880 square feet over the maximum of 1,800 square feet, in an "A-1" Agricultural District, located at 3554 and 3560 East Shaulis Road. Western gave staff report that recommended approval of the request for the following reasons: 1. The property in question is unique in that the property is located in a rural area and is consistent with the accessory buildings of the neighboring area, and would be located on property zoned "A- 1" Agricultural District. 2. There is no known opposition to the request. The request would not appear to alter the essential character of the neighborhood. Thornsberry wanted clarification on the numbers for the request. Western explained, noting the total would be 2,680 square feet including an existing 120 square foot shed and the proposed 2,560 square foot accessory structure. The total of 2,680 is 284 square feet more than was approved by the previous variance approved on 1/28/2020, and 880 square feet over the maximum of 1,800 square feet. Condon asked if construction of the new house is imminent. Brenden Etten, 3554 E. Shaulis Road, noted that they will be building a replacement house at 3554 eventually, but just need to get this shop built first, then they will tear down all of the other accessory structures, and then tear down the existing homes. Etten noted that they remodeled the house at 3554 E. Shaulis Road to live in it for the time being, until they can get the new house built. The house at 3560 would be torn down first, as soon as all of the other accessory buildings get demolished, after the new pole building is built. Condon asked if from the previous approval if there was a timeframe to tear down the other buildings. Schroeder noted that there was not a timeframe, and that with approval of this request, it would be a good idea to establish a timeframe for the other accessory buildings to be demolished, because until they are demolished they would technically be exceeding the accessory limit by more than what is being approved by variance. Condon asked the applicant if it would be a concern if they added a requirement of the approval that the existing accessory structures would have to be torn down within 12 months of the approval. Etten indicated that would not be a concern, and that as soon as the new building is up he can then move the stuff out of the other accessory buildings and would be able to demolish them. Beckman questioned the location of where the proposed building would go in relation to other existing buildings. Etten explained where the building would go. It was moved by Thornsberry and seconded by Leadley to approve the variance to allow for the construction of a 2,560 square foot detached accessory structure for a total of 2,680 square feet of detached accessory structures, 880 square feet over the maximum of 1,800 square feet, in an "A-1" Agricultural District, located at 3554 and 3560 East Shaulis Road for the reasons noted in the staff report, subject to a condition that the existing accessory structures exceeding the 2,680 square foot total and the home at 3560 East Shaulis Road be demolished within 12 months, and that this variance approval supersedes the variance approved by the Board of Adjustment on 1 /28/2020. Motion carried unanimously. 6 Page 186 of 188 BOARD OF ADJUSTMENT August 25, 2020 10. A request by Modern Design on behalf of Image Pointe for a variance to the parking requirement that requires that all off-street parking facilities fronting on a public street be designed in a manner that would permit entrance and exit by forward movement of the vehicle in a "C-2" Commercial District, located at 1224 La Porte Road. Hyberger gave staff report that recommended approval of the request for the following reasons: 1. It would appear that the request would not have a negative impact on the area because the applicant is reconfiguring an existing off-street parking facilty to add 8 more parking spaces. 2. The project will increase the number of parking spaces by 8 in an area that is deficient in parking. And subject to the following condition(s): 1. The parking area will not block the sidewalk or street system for the area. 2. That the stalls be designated and signed for employee use only, and to be "back -in" parking. Condon asked what it would mean for them to be designed as "back -in" parking. Hyberger explained, and noted that the stalls would be signed as such. Leadley asked how back -in parking would be enforced. Hyberger noted it would be up to the property owner to try and enforce it, and since it will be for employees, they will work to educate their employees to help ensure back -in parking. Leadley noted that she has heard quite a bit about the parking problem on Lorraine Avenue, and asked if 8 parking spaces are going to solve the parking problem. Hyberger indicated it may not solve the problem, but would help. Thornsberry noted that this will provide for 8 employees of Image Pointe to park off the street, but this does not address the issue being created by Enterprise Car Rental. Jim Trunell with Modern Design noted that his firm is the architect and builder on the project, and noted that Image Pointe is the business owner operating at the site. Beckman questioned the parking issue on Loraine if that was all being caused by Enterprise or if Image Pointe employees parking over there as well. Trunell noted that there are some Image Pointe employees that park on Lorraine, noting that they are a growing business and there are only a handful of union screen printing embroidery shops in the United States. Trunell noted that based on the parking spaces available, they could hire 16 additional employees, but noted that they are not planning to hire additional right now, so it will help alleviate some of the parking problem, but they could grow and add employees in the future. Beckman questioned if there was sidewalk along Cornwall. Trunell noted there is along the driveway portion of Image Pointe, but noted there is not on the rest of the street. Trunell noted that new sidewalk would be provided where this curb opening would be installed. Condon asked if individuals could parallel park on the street in front of this proposed curb cut and if that would be legal. Beckman noted it would not be legal to park on the street in front of a curb cut. Leadley asked what the current parking requirement was for Image Pointe, asking how many they are required to have and how many they have. Trunell noted that the addition that was put on requires 24 parking spaces based on size, and the rest of the building is storage and factory that has a parking requirement of 1 off-street parking spot for every two employees. Schroeder noted that based on information submitted as part of the building permit for the addition, the site had sufficient parking spaces to meet the requirements of the Zoning Ordinance even without building the 8 additional parking spaces, but the applicants are recognizing the parking problem in the area which is why they want to maximize parking onsite and why they want to build the additional 8 stalls even though they would not be required to do so per the requirements of the Zoning Ordinance. Condon suggested the parking requirement may not work well if it assumes that only half the people will have parking spots. Schroeder noted that parking restrictions can be difficult to figure what works best to require an appropriate amount of parking without creating a shortage that causes on -street parking issues but also not requiring excess parking that wastes space and is typically vacant. Schroeder noted that particularly with larger employees, if one space per employee was required you would 7 Page 187 of 188 BOARD OF ADJUSTMENT August 25, 2020 generally see a lot of excess parking, because it is common to have situations where people car pool, or utilize public transportation, the bus system. It was moved by Beckman and seconded by Thornsberry to approve the variance to the parking requirement that requires that all off-street parking facilities fronting on a public street be designed in a manner that would permit entrance and exit by forward movement of the vehicle onto Cornwall Avenue in a "C-2" Commercial District, located at 1224 La Porte Road for the reasons noted in the staff report, subject to the conditions that 1) the parking area will not block the sidewalk or street system for the area, and 2) the stalls be designated and signed for employee use only, and to be "back -in "parking. Motion carried unanimously. IV. Discussion Leadley asked when the next meeting date was, to which Western noted it would be on September 22°d V. Adjournment It was moved by Beckman, seconded by Leadley to adjourn the meeting at 6:26p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator 8 Page 188 of 188