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HomeMy WebLinkAboutCouncil Packet - 12/7/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Meeting will be held virtually via Zoom. Visit https://ciOwfwaterlooiowa.com/register and register to receive the Zoom meeting information. Please contact the City Clerk's Office at 319-291-4323 with questions. Monday, December 7, 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 265 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Ray Feuss, Ward 5 Council Member Agenda, as proposed or amended. Minutes of November 23, 2020, Regular Session, as proposed. Proclamation declaring December 10, 2020 as Human Rights Day. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. 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 preliminary specifications, bid documents, etc., setting date of bid opening as January 28, 2021 and date of public hearing as February 1, 2021 in conjunction with the FY 2021 Greenbelt Lake REAP Grant Project, Contract No. 1042, and instruct City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager 3. Resolution approving request of Kevin Ubben for a waiver for a concrete driveway located at 205 S. Hackett Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 4. Resolution approving request of Gary Papenheim for a waiver for a concrete driveway located at 712 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer Page 2 of 265 5. Resolution approving request of Matt Matthis for a waiver for a concrete driveway located at 620 Maxwell Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 6. Resolution rejecting all bids in conjunction with the Janitorial Services at the Public Works Facility. Submitted By: Randy Bennett, Public Works Division Manager 7. Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa, in an amount not to exceed $347,873.50, and approving the contract, bonds, and certificate of insurance in conjunction with F.Y. 2021 Shaulis Road Trail Extension - Phase II, Contract No. 1012. Submitted By: Matt Schindel, Associate Engineer B. Motion to approve the following: 8. LIQUOR LICENSES a. 1850 Patio & Grill, 1850 W. Ridgeway Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 10/31/2021 b. Carlos O'Kelly's Mexican Cafe, 2060 Sovia Drive Class: C Liquor w/Outdoor Service and Catering Renewal Application Includes Sunday Expiration Date: 12/30/2021 c. Curt's, 32 Lafayette Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/31/2021 d. Hy-Vee Gas #2, 2221 Logan Avenue Class: C Beer Renewal Application Includes Sunday Expiration Date: 01/02/2022 e. Trucker Bar, 1915 Bourland Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 12/12/2021 f. XO Food & Liquor, 428 Franklin Street Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 12/14/2021 g. XO Food & Liquor, 428 Franklin Street Class: E Liquor Renewal Application Includes Sunday Page 3 of 265 Expiration Date: 12/14/2021 9. Motion approving Change Order No. 2 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net increase of $9,750, 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 10. Motion to receive and place on file the 2021 Budget of the Waterloo Water Works, and authorizing City Clerk to file said documents with the Black Hawk County Auditor. Submitted By: Chad Coon, General Manager, Waterloo Water Works 11. Bonds. PUBLIC HEARINGS 2. Request by the City of Waterloo to vacate a 1,050 square foot section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street and rescinding Ordinance No. 4850. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate a 1,050 square foot section of City right-of- way along Park Avenue in between Washington Street and South Street, located north of 505 South Street, and rescinding Ordinance No. 4850. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 3. Request by Mark Evert/Evert Homes, LLC, to rezone 0.365 acres from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District with conditions, to construct a five unit condominium located at 146 Martin Road. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District with conditions, located at 146 Martin Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 4. Demolition Services, Contract No. RD-2020-12-01 P, located at 115 Sumner Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 4 of 265 Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Community Planning and Development Director for review. Submitted By: Noel Anderson, Community Planning and Development Director 5. Sale and conveyance of city owned property located at 1644 Logan Avenue, to Debra Kay Hodges Harmon, in the amount of $5,000, and to approve a Development Agreement, to include a schedule of improvements and incentives for the rehabilitation of the house, refund of the purchase price of $5,000 and a rehabilitation grant of $5,000. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property located at 1644 Logan Avenue, to Debra Kay Hodges Harmon, in the amount of $5,000 and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement, to include a schedule of improvements and incentives for the rehabilitation of the house, refund of the purchase price of $5,000 and a rehabilitation grant of $5,000, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 6. Resolution approving a Memorandum of Understanding with the Walnut Neighborhood Housing Coalition to promote development in the Walnut Neighborhood. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving an Access Agreement with Mark Russel, Mike Dolan, and MaryAnn Noland for entrance onto the former St. Mary's site for the salvaging of historic items such as statues, pews, etc., and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution approving Amendment No. 1 to an agreement with Woodruff Construction LLC, of Waterloo, Iowa, for a net increase in the amount of $14,195, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvement Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving an Amendment to the Development Agreement with Robert Castro Construction, originally executed July 24, 2017, adding Infill Policy incentives, in the amount of $10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving an Early Access Agreement with A Thompson Contracting to allow fill and earth -moving activities in preparation of development of the site west of Page 5 of 265 3180 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with A and K Ventures, LLC, originally approved on October 22, 2012, amending the completion dates of the project located at 226 W. 13th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving a Development Agreement with Openwater Properties, LLP, for the construction of a single family home, located at 2100 Ansborough Avenue, with a minimum value of $150,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving Amendment No.1 to an Agreement with Strand Associates, Inc., of Madison, WI, originally executed on October 31, 2019, to amend the completion date, in conjunction with the Engineering Services for FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 14. Resolution approving Change Order No. 2, to an Agreement with WRH, Inc., of South Amana, IA, originally executed on June 15, 2020, to amend the completion date, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 15. Resolution approving Supplement Agreement No. 3, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed September 8, 2015, for Planning and Engineering Services in an amount not to exceed $80,000, and authorizing the Mayor to execute said document. Submitted By: Matthew Hosford, Collections System Project Director 16. Resolution approving Amendment No. 2 to a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, originally approved November 7, 2016, in an amount not to exceed $27,700, in conjunction with the FY 2020 Warp Drive RISE Project, Contract No. 977 and FY 2021 Leversee Road Lift Station, Contract No. 983; and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer 17. Resolution approving Letter Amendment to a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, originally approved April 22, 2019, in an amount not to exceed $5,640, in conjunction with the Airline Highway Sanitary Sewer Extension, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer Page 6 of 265 ORDINANCES 18. An ordinance amending the 2020 Traffic Code by adding a new Section 92, Approaching Certain Stationary Vehicles. Motion to receive, file, consider, and pass for the first time an ordinance amending the 2020 Traffic Code by adding a new Section 92, Approaching Certain Stationary Vehicles. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Petersen, City Attorney 19. An ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment Program — Zone 9, Contract No. 981 Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment Program — Zone 9, Contract No. 981. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Wayne Castle, PLS, PE, Associate Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Complete Streets minutes of October 2020. 2. Airport Board Meeting minutes of November 4, 2020. 3. Historic Preservation Commission minutes of October 2020. Page 7 of 265 CITY OF WATERLOO Council Communication Minutes of November 23, 2020, Regular Session, as proposed. City Council Meeting: 12/7/2020 Prepared: ATTACHMENTS: Description Type Minutes of November 23, 2020, Regular Session, as Backup Material proposed. Submitted by: Submitted By: Page 8 of 265 November 23, 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, November 23, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 159290 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, November 23, 2020, at 5:30 p.m., and the Minutes, as proposed, for the Regular Session on Monday, November 16, 2020, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring November 28, 2020 as Small Business Saturday. Proclamation declaring December 1, 2020 as Civil Air Patrol Day. ORAL PRESENTATIONS Dixon Stuelke, 421 Belmont Avenue, spoke to the council with information regarding Covid-19 policies for prevention, mask and public gathering mandates and encouraged the Council to publicly express support of the science behind the mandates. David Dryer, 3145 W. 4th Street, commented regarding removal of the griffin and actions of a city department contradictory to the council committee formed to research use of the griffin. Dryer suggested the public be allowed to vote on the issue and that an even number on this committee would never work as any vote would end in a tie. Mr. Grieder commented about a report regarding a lawsuit filed against Tyson for associated Covid- 19 fatalities. Mr. Grieder feels the corporate culture at Tyson needs to change at this facility and that the administration need to do some house cleaning to make sure these things do not happen in the future. Mrs. Juon addressed Mr. Dryer's comments saying the Council did ask for and continues to receive public input on use of the griffin and police re -branding and that she doesn't understand the comments about an even number of members when the council is made up of seven not six members. Mrs. Klein cautioned the council from making public comments with regards to a private business's legal matters. 159291 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 159292 - Juon/Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated November 23, 2020, in the amount of $6,488,313.14 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. 2020-843. Page 9 of 265 November 23, 2020 Page 2 a. 2. 2. Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year ended June 30, 2020, and authorizing the publication of the report and submission to the State of Iowa. Resolution adopted and upon approval by Mayor assigned No. 2020-844. 3. Resolution setting the date of a public hearing as December 7, 2020, to approve a request by the City of Waterloo to vacate a platted 1,050 square foot section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street, and rescinding Ordinance No. 4850, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-845. 4. Resolution setting date of public hearing as December 7, 2020 to authorize the sale and conveyance of city owned property located at 1644 Logan Avenue, to Debra Kay Hodges Harmon, in the amount of $5,000, and to approve a Development Agreement, to include a schedule of improvements and incentives for the rehabilitation of the house, refund of the purchase price of $5,000, a rehabilitation grant of $5,000, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-846. 5. Resolution approving award of contract to Earth Services and Abatement LLC, DBA Iowa Demolition of Des Moines, Iowa, in the amount of $128,015, and approving contract, bond and certificate of insurance, for Contract No. RD-2020-11-02P in conjunction with Demolition and Site Clearance Services at 508 Bratnober Street and 811 Williston Avenue, and authorizing the Mayor and City Clerk to execute said documents. 6. Resolution adopted and upon approval by Mayor assigned No. 2020-847. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Senada Muhic, Bookkeeper/ Administrative Assistant Housing Choice Voucher (HCV) Financial Accounting and Reporting, and Certification Exam Online February 15-17, 2021 $892.50 a. b. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The Brown Bottle, 209 W. 5th Street C Liquor Renewal 10/21/2021 x Ariz, 504 Sycamore Street *6 months* C Liquor w/Outdoor Service New 5/9/2021 x 3. Motion approving Change Order No. 2, with Woodruff Construction, LLC, of Waterloo, Iowa, with a project credit of $4,557, for additional work based on a time and materials, to perform additional improvements to both the exterior EFIS Wall System and to the interior office areas of Aircraft Storage Hangar No. 4, at Waterloo Regional Airport, and authorize the Mayor to execute said document. 4. Motion approving change order No. 1 to KW Electric contract for the construction of Greyhound and Ridgeway intersection traffic safety improvements, Iowa DOT grant project number CS-TSF- 8155(762)--85-07, for a net deduction of $35,873, and authorizing the Mayor to execute said document. Page 10 of 265 November 23, 2020 Page 3 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 159293- Morrissey/Grieder that proof of publication of notice of public hearing on Public Works Facility Janitorial Services Contract, as published in the Waterloo Courier on November 9, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. 159294 - Morrissey/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 159295 - Morrissey/Grieder that "Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed", be adopted. Mr. Morrissey asked that the Public Works Director provide information to the council regarding employee wages, benefits, covid protections, administrative/managerial duties and profits in relation to this contract. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-848. 159296 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Bidder Bid Security Total Bid Amount Midwest Janitorial Service, Inc. Hiawatha, IA Ck# 1006 $2,300 $3,839.95/month ABM Janitorial Waterloo, IA 5% $3,464.27/month Marsden Building Maintenance Waterloo, IA o 5 /o $2,431.72/month Voice vote -Ayes: Seven. Motion carried. 159297 - Amos/Feuss that proof of publication of notice of public hearing on FY 2021 Leversee Road Lift Station, Contract No. 983, as published in the Waterloo Courier on November 9, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159298 - Amos/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote - Ayes: Seven. Motion carried. Page 11 of 265 November 23, 2020 Page 4 159299 - Amos/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-849. 159300 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Bidder Bid Security Total Bid Amount On Track Construction, LLC Nevada, Iowa 5% $888,352 Vieth Construction Corporation Cedar Falls, IA ° 5 /o $813,605 Arends Excavating Waterloo, IA Ck #044270 $588,805.66 Boomerang Corporation Anamosa, IA 5% $817,545 Pirc Tobin Construction, Inc. Waterloo, IA 5% $902,605.50 Peterson Contractors, Inc. Reinbeck, IA 5% $1,048,993.75 Voice vote -Ayes: Seven. Motion carried. 159301 - Feuss/Grieder that proof of publication of notice of public hearing on FY 2021 Shaulis Road Trail Extension - Phase II Project, Contract No. 1012, as published in the Waterloo Courier on November 18, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159302 - Feuss/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 159303 - Feuss/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-850. RESOLUTIONS 159304 - Klein/Juon that "Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed June 26, 2017, in an amount not to exceed $69,900, in conjunction with the Levee Sanitary Gatewell Repair Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-851. 159305 - Klein/Juon Page 12 of 265 November 23, 2020 Page 5 that "Resolution approving electronic submission of the Tax Increment Finance (TIF) reports to the State of Iowa for Fiscal Year 2020", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-852. 159306 - Klein/Juon that "Resolution approving Amendment No. 4 to the Development Agreement with Central Property Holdings, LLC, originally executed August 17, 2017, to amend the timeline to November 30, 2020, to begin construction on the All -In Grocers Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. David Dryer, 3135 E. 4th Street questioned if the terms of the original agreement have been met and if construction permits have been obtained for the project. Noel Anderson, Community Development Director, responded that the foundation permits have been obtained which phase permits is standard for larger construction projects. Mr. Boesen commented that the information received for these items was extensive and received rather late for the council to make a comprehensive review. Mr. Boesen questioned if the corrections he submitted will be corrected prior to submission to the State. Mr. Boesen questioned what is in place if the construction by Central Property Holdings exceeds one year. Noel Anderson responded he would review the items submitted and make any corrections prior to final submission to the State and if there are any substantial changes that change the scope, the items would go before the council again before final submission. Mr. Anderson explained in standard development agreements, if the dates are not met the contract is null and void and both parties have the ability to extend the agreement to complete construction or successfully move the project forward and that the agreement would come back to the council at in that event. Mr. Boesen requested this type of information be provided well in advance in the future. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-853. 159307 - Morrissey/Grieder that "Resolution approving a Professional Services Proposal with I & S Group, Inc., of Waterloo, Iowa, in the amount of $5,000, in conjunction with the Five Sullivan Brothers Convention Center Addition -Renovation Furniture Plan Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-854. 159308 - Morrissey/Grieder that "Resolution approving an Encroachment Agreement with James Hurst to allow for a sixteen (16) foot electronic chain link fence gate, located at 2425 W. 4th Street, that encroaches one (1) foot onto city owned right-of-way of Fletcher Avenue, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-855. 159309 - Morrissey/Grieder that "Resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First Addition a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south Page 13 of 265 November 23, 2020 Page 6 of 4245 W. 4th Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-856. 159310 - Morrissey/Grieder that "Resolution approving a Hold Harmless Agreement with Russell Holven to allow for the excavation of former outhouse locations on City owned properties to search for antique bottles and artifacts, and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Mr. Morrissey questioned the city's liability for future injury/illnesses in resulting from environmental hazards. Martin Petersen, City Attorney, responded this was covered in the agreement. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-857. 159311 - Boesen/Grieder that "Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2020 Crossroads Waterloo Tax Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-858. 159312 - Boesen/Grieder that "Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2020 Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-859. 159313 - Boesen/Grieder that "Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2020 Martin Road Tax Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-860. 159314 - Boesen/Grieder that "Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2020 Northeast Industrial Park Urban Renewal and Redevelopment Tax Increment District, and place the certification on file", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-861. 159315 - Boesen/Grieder that "Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2020 Rath Area Tax Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-862. 159316 - Boesen/Grieder Page 14 of 265 November 23, 2020 Page 7 that "Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2020 San Marnan Tax Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-863. 159317 - Boesen/Grieder that "Resolution approving certification to the Black Hawk County Auditor for FY 2020 expenditures that qualify for reimbursement in the East Waterloo Unified Urban Renewal and Redevelopment Tax Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-864. OTHER COUNCIL BUSINESS 159318 - Juon/Boesen Motion to reconsider Resolution No. 2020-842 titled, "Resolution approving an amendment to the Development Agreement with Robert Castro Construction, originally executed July 24, 2017, adding infill policy incentives, in the amount of $10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document, be received, placed on file and approved. Roll call vote - Ayes: Seven. Motion carried. ADJOURNMENT 159319 - Juon/Boesen that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. LeAnn M. Even Deputy City Clerk Page 15 of 265 CITY OF WATERLOO Council Communication Proclamation declaring December 10, 2020 as Human Rights Day. City Council Meeting: 12/7/2020 Prepared: ATTACHMENTS: Description Type ❑ Human Rights Day Cover Memo Submitted by: Submitted By: Page 16 of 265 CITY OF WATERLOO, IOYYA PROCLAMATION WRE On December 10, 1948, nations from six continents came together to adopt the Universal Declaration of Human Rights. This extraordinary document affirmed that every individual is born equal with inalienable rights, and it is the responsibility of governments to uphold these rights. In more than 430 translations, the Declaration recognizes the inherent dignity and worth of all people and supports their right to chart their own destinies. On the anniversary of this human rights milestone, we join with all those who are willing to strive for a brighter future, and together, we continue our work to build the world our children deserve; and WHE E.# S, we want our children to lead healthy lives and pursue an education without fear; and when citizens are empowered to pursue their full measure of happiness without restraint, they help ensure that economies grow, stability and prosperity spread, and communities flourish. Protecting human rights everywhere extends the promise of democracy and bolsters the values that serve as a basis for peace in our community and world; and WHERE. S, it is our obligation as free people to stand with courageous individuals who raise their voices to demand universal rights. Under extremely difficult circumstances — and often at grave personal risk — brave human rights defenders and civil society activists throughout the Cedar Valley are working to actualize the rights and freedoms that are the birthright of all humankind. We will continue to support all those who champion these fundamental principles, and we will never stop speaking out for the human rights of all individuals, at home and abroad. It is part of who we are as a people and what we intend to realize as a Cedar Valley "Standing for Human Rights"; and WHEREAS, it is our obligation as free people to stand with courageous individuals who raise their voices to demand universal rights. Under extremely difficult circumstances — and often at grave personal risk — brave human rights defenders and civil society activists throughout the Cedar Valley are working to actualize the rights and freedoms that are the birthright of all humankind We will continue to support all those who champion these fundamental principles, and we will never stop speaking out for the human rights of all individuals, at home and abroad. It is part of who we are as a people and what we stand for as a Cedar Valley United; and WHEREAS, We honor those by continually working to protect the personal dignity of all Waterloo citizens regardless of race, gender, religion or non -religion, ethnic background, sexual orientation, national origin or ability and to ensure social, political and economic freedoms and opportunities for all; NOW, THEREFORE, I, Mayor Quentin Hart, do hereby proclaim Thursday, December 10, 2020, the official recognition of International Human Rights Day Celebration in Waterloo, and the official kick-off of a city-wide "2021 Human Rights Corridor of Activity." This "Corridor of Activity" features an Interview with Pulitzer -prize winner and MacArthur Genius Award recipient Nikole Hannah -Jones; Iowa Supreme Court's statutory interpretation of Waterloo's Fair Chance Initiative; round table discussions, theatrical productions, community book -reads, the inimitable Waterloo Freedom Bus ToursM; and celebrates 53 years since the assassination of the beloved Reverend Dr. Martin Luther King, Jr., whose servant leadership led to the creation of civil and human rights organizations throughout the nation, including Waterloo Commission on Human Rights. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 7th day of December 2020. ATTEST: Kelley Felch Quentin Hart City Clerk Mayor rage o or zo CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 28, 2021 and date of public hearing as February 1, 2021 in conjunction with the FY 2021 Greenbelt Lake REAP Grant Project, Contract No. 1042, and instruct City Clerk to publish said notice. City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description Type ❑ Notice to bidders Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 28, 2021 and date of public hearing as February 1, 2021 in conjunction with the FY 2021 Greenbelt Lake REAP Grant Project, Contract No. 1042, and instruct City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager Approve the plans, specifications, etc. and taking of bids, and set the date of bid opening as January 28, 2021 and date of hearing as February 1, 2021 This project provides for improvements at Greenbelt Lake to include a concrete deck ADA compliant fishing pier, ADA parking stalls, sidewalk, and eight stone stacked fishing access points around the lake. $250,000 G.O. Bond Funds $50,000 Iowa DNR REAP Grant $200,000 This project supports the City of Waterloo Strategic Plan, strategy 4.5 "Maintain City facilities that support quality of place" Page 19 of 265 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2021 Greenbelt Lake Reap Grant Project In the City of Waterloo, Iowa CONTRACT NO. 1042 PRE BID MEETING Pre bid meeting will take place on Wednesday January 6th, 2021 at 10:00 am at Greenbelt Lake Park Martin Road. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the (28th) day of (January) ( 2021 ) until 1:00 p.m. for the construction of the Greenbelt Lake Park, Contract No. ( 1042 ), as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Due to Covid-19 health and safety concerns all proposals received will be opened by Waterloo City Officials via zoom meeting on the ( 28th ) day of (January), (2021), at 1:00 p.m. and will be live steamed on Youtube on the City of Waterloo website http://ci.waterloo.ia.us./ The proposals will be acted upon at such later time and place as may then be fixed by the City Council. If council chambers are open to the public for city council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. PUBLIC HEARING The Council of said City will conduct a public hearing meeting on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above described improvement project at 5:30 p.m. on (February 15t, 2021). The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via Zoom videoconferencing. If council chambers are closed to the public for city council meetings due to health and safety concerns from COVID-19, the city council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting, visit: https://www.cityofwaterlooiowa.com/government/city council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to comments@waterloo-ia.org, which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If council chambers are open to the public for city council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. SCOPE OF WORK The extent of the work involved is construction of a steel pile and concrete pier in Greenbelt lake, as well as the placement of lake limestone blocks at the lake edge in 8 locations. Also included is concrete parking and eight foot concrete trail to the pier. BEGINNING AND COMPLETION DATES NOTICE TO BIDDERS CONTRACT NO. 1042 Page 1 of page 20 of 265 The work under the proposed contract shall be commence on (March 1st, 2021), after receipt of "Notice to Proceed" and all items shall be completed on or before (September 30th, 2021). METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by (Align Architecture & Planning) which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from ( Align Architecture & Planning ) upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to (Align Architecture & Planning (327 E. 4th St. Ste. 204, Waterloo, IA 50703) by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for (the City or consulting engineer or architect) to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. NOTICE TO BIDDERS CONTRACT NO. 1042 Page 2 of page 21 of 265 PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. NOTICE TO BIDDERS CONTRACT NO. 1042 Page 3 of Page 22 of 265 A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not substantially completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of (five hundred ) dollars ($500) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CONTRACT NO. 1042 Page 4 of page 23 of 265 CITY OF WATERLOO Council Communication Resolution approving request of Kevin Ubben for a waiver for a concrete driveway located at 205 S. Hackett Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description Type ❑ DW Waiver 205 S. Hackett Rd. Cover Memo SUBJECT: Resolution approving request of Kevin Ubben for a waiver for a concrete driveway located at 205 S. Hackett Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: Background Information: Legal Descriptions: Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 205 S. Hackett Road. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. AUDITOR WHITNEY ROAD PLAT CAST LE HILL N 100 FT W 435.6 FT LO T 36 EXC W 10 FT & EXC E 177.4 8 FT THEREOF Page 24 of 265 WAIVER Date: / )—)I- ZcDZo Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: l hereby request of a waiver to the driveway and sidewalk specifications for the construction ,r�, driveway or sidewalk located at (concrete or asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-ofway on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, v) Lb Printed Name of Property Owner Signature of Property Owner Page 2b of 2bb CITY OF WATERLOO Council Communication Resolution approving request of Gary Papenheim for a waiver for a concrete driveway located at 712 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ DW Waiver 712 Belle St. Cover Memo SUBJECT: Resolution approving request of Gary Papenheim for a waiver for a concrete driveway located at 712 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: CEDAR TERRACE SECOND ADDITION LOT 56 Page 26 of 265 WAIVER Date: 1� -" ZO - Z) Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: hereby request a waiver to the d iveway and sidewalk specifications for the construction �'��� of a � � a driveway or sidewalk located at ;(concrete or asphalt) This waiver is needed because of: (Address) special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 1 agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed, 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according. to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, 9 Paen Aef r� - Printed Name ofkroperty Owner Signa re of opertyOwner Page 27 of 265 CITY OF WATERLOO Council Communication Resolution approving request of Matt Matthis for a waiver for a concrete driveway located at 620 Maxwell Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description Type ❑ DW Waiver 620 Maxwell St Cover Memo SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Background Information: Legal Descriptions: Resolution approving request of Matt Matthis for a waiver for a concrete driveway located at 620 Maxwell Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 620 Maxwell Street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. KREBS ADDITION LOT 14 BLK 3 Page 28 of 265 WADVER Date: Honorable l\1ayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a ( _�e�rz/ driveway or sidewalk located at (concrete or asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street.. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. v. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Aft 14,4 Printed Name of Property Owner Signature of Property Owner Page 29 of 265 CITY OF WATERLOO Council Communication Resolution rejecting all bids in conjunction with the Janitorial Services at the Public Works Facility. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution rejecting all bids in conjunction with the Janitorial Services at the Public Works Facility. Submitted By: Randy Bennett, Public Works Division Manager Approve Resolution The current contract has expired. Janitorial services are needed for the Public Works Facility - offices, conference rooms, break rooms, locker and restrooms, entryways and hallways. Between $3,000 and $4,000 per month. The cost is divided percentage wise between Road Use Tax, Sanitation and General Fund. Strategy 3.4 and 3.5: Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 30 of 265 JANITORIAL SERVICES AT PUBLIC WORKS FACILITY Bid Tab: November 19, 2020 Estimate: $ Bidder Bid Security Bid Amount Midwest janitorial Service, Inc. Hiawatha, IA Ck# 1006 $2,300 $3,839.95/month ABM Janitorial Waterloo, IA 5% $3,464.27/month Marsden Building Maintenance Waterloo, IA o 5 /o $2,431.72/month Page 31 of 265 CITY OF WATERLOO Council Communication Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa, in an amount not to exceed $347,873.50, and approving the contract, bonds, and certificat Trail Extension - Phase II, Contract No. 1012. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ Cont 1012_bid tab Cover Memo ❑ Cont 1012 contract Cover Memo SUBJECT: Resolution approving award of contract to Peterson Contractors Inc. of Reinbeck. Iowa. in an amount not and certificate of insurance in conjunction with F.Y. 2021 Shaulis Road Trail Extension - Phase II, Contract Submitted by: Submitted By: Matt Schindel Associate Engineer S At a Iowa Department of Transportation letting on November 18, 2020, bids were open for the F.Y. 2021 Shaulis Road Trail Extension - Phase II, Contract No. 1012, wit Statutement: apparent low bidder in the amount of $347,873.50. Background Information: Plans prepared by AECOM. Trail extension from Hawkeye Road (Hwy 21) to Isle of Capri Blvd. Page 32 of 265 '- UJrr IMDOT Contracts and Specifications Bureau Project(s) and Vendor Ranking t/19/2020 6:24:54 AM AASHTOWare ct Version 4.3 Revision 023 P4, Page 1 of 3 Call Order: 101 Contract ID: 07-8155-766 Py County: BLACK HAWK Letting Date: November 18, 2020 10:00 A.M. E Goal: 3.0% Letting Status: AWARDED Awarded Vendor: PETERSON CONTRACT NC. Contract Period: Start Date: 07/06/21 50 Working Days Project Information: Project: TAP-U-8155(766)--81-07 County: BLACK HAWK Route: SHAULIS ROAD TRAIL v Location: In the city of Waterloo On Shaulis Rd Trail frorr dar Ter race Dr E 0.7 miles to Cedar Valley Nature Trail O O k? W rkT�lkfe: PCC SIDEWALK/TRAIL Amt: Page 33 of 265 '- UJrr IMDOT Contracts and Specifications Bureau Project(s) and Vendor Ranking /19/2020 6:24:54 AM AASHTOWare P .'i "' Version 4.3 Revision 023 Page 2 of 3 Call Order: 101 Contract ID: 07-8155-766 County: BLACK HAWK Letting Date: November 18, 2020 10:00 A.M. E Goal: 3.0% Letting Status: AWARDED Awarded Vendor: PETERSON CONTRACTNC. Contract Period: Start Date: 07/06/21 50 Working Days Rank Vendor ID Vendor Name Percent Of Low Total Bid Bid 1 2 PE320 PETERSON CONTRACTORS INC. BID WINNER: MEE DESIGNATED DBE GOAL L0083 LODGE CONSTRUCTION INC� O 3 WI040 WICKS CONSTRUCT,. ` 4 CU100 CUNNINGHA ONSTRUCTION CO., INC. I 5 6 7 V1035 VI INSTRUCTION CORPORATION M1296 4..MIDWEST CONCRETE, INC. GO ` EASTERN IOWA EXCAVATING AND CONCRETE, LLC $347,873.50 $353,274.90 $360,267.00 $380,713.53 $417,920.30 $437,964.85 $450,868.34 100.00% 101.55% 103.56% 109.44% 120.14% 125.90% 129.61% Page 34 of 265 Project(s) and Vendor Ranking Page 3 of 3 Call Order: 101 Contract ID: 07-8155-766 Py County: BLACK HAWK Letting Date: November 18, 2020 10:00 A.M. E Goal: 3.0% Letting Status: AWARDED Awarded Vendor: PETERSON CONTRACT NC. Contract Period: Start Date: 07/06/21 50 Working Days Rank 8 Vendor ID Vendor Name T.033 TK CONCRETE, INC. •s\N (</' G� O- ,s4q- Total Bid Percent Of Low Bid $557,284.00 160.20% Page 35 of 265 40IU1NADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P >M Version 4.3 Revision 023 PPage 1 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (1) PETERSON CONTRACTORS INC. Prim•ounty: BLACK HAWK (2) LODGE CO .CTION IN (3) WICKS CONSTRUCTION, INC. Unit Price Ext Amount UnitptiN Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS Cat Alt Set: Cat Alt Member: 0010 2101-0850001 0.100 ACRE 17,500.00000 1,750.00 00.00000 1,050.00 CLEARING AND GRUBBING 0020 2101-0850002 44.000 UNIT 40.00000 I(Z�!00 28.00000 1,232.00 CLEARING AND GRUBBING 0030 2102-0425070 819.200 TON 20.00000 ....k`16,384.00 21.00000 17,203.20 SPECIAL BACKFILL O 0040 2102-2625001 1,234.000 CY 1?k360 0 15,425.00 12.00000 14,808.00 EMBANKMENT -IN -PLACE, CONTRACTOR V, FURNISHED 0050 2102-2710070 429.000 CYO 17.50000 7,507.50 6.00000 2,574.00 I EXCAVATION, CLASS 10, ROADWAY AND 1 ' BORROW v 0060 2105-8425005 250.` CY TOPSOIL, FURNISH AND SPREAI� 0070 2105-8425015 90.000 CY TOPSOIL, STRIP, SALVAO ND SPREAD 22.00000 5,500.001 31.00000 7,750.00 18.50000 16,465.001 6.00000 5,340.00 10, 500.00000 1,050.00 28.00000 1,232.00 21.00000 17,203.20 12.00000 14,808.00 6.00000 2,574.00 31.00000 7,750.00 6.00000 5,340.00 Page 36 of 265 40IU1NNNADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 2 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (1) PETERSON CONTRACTORS INC. Prim�ounty: BLACK HAWK (2) LODGE CO .CTION IN (3) WICKS CONSTRUCTION, INC. Unit Price Ext Amount Unit tic` C�‘ � 30.00000 Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0080 2123-7450000 75.000 STA SHOULDER CONSTRUCTION, EARTH 0090 2315-8275025 70.000 TON SURFACING, DRIVEWAY, CLASS A CRUSHED STONE 0100 2402-2720100 50.000 CY EXCAVATION, CLASS 20, FOR ROADWAY PIPE CULVERT 0110 2416-0100012 8.000 EACH APRONS, CONCRETE, 12 IN. DIA. 0120 2416-0100036 5.000 EACH APRONS, CONCRETE, 36 IN. DIA. 0130 2416-1180036 104UU� LF CULVERT, CONCRETE ROADWA/BIKE, 36 IN. DIA. 0140 2511-0302500 ,913.800 SY RECREATIONAL TRALAND CEMENT CONCRETE, 5 IN. b 80.00000 27.50000 6,000.00 4qt 20.00000 1,000.00 k>E41"0000 2,500.00000 120.00000 28.50000 21.00000 16.00000 5,200.00 700.00000 12,500.00 1,400.00000 12,480.00 75.00000 111, 543.30 37.00000 Cat Alt Set: 9,750.00 1,470.00 800.00 5,600.00 7,000.00 7,800.00 144, 810.60 Cat Alt Member: 130.00000 9,750.00 21.00000 1,470.00 16.00000 800.00 700.00000 1,410.00000 75.00000 5,600.00 7,050.00 7,800.00 32.00000 125,241.60 Page 37 of 265 40RANADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 3 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (1) PETERSON CONTRACTORS INC. Prim�ounty: BLACK HAWK (2) LODGE CO 1 dICCTION IN (3) WICKS CONSTRUCTION, INC. Unit Price Ext Amount Unit tic` C)‘ �47.00000 Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0150 2511-0302600 164.500 SY 34.50000 RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 6 IN. 0160 2511-0302800 34.600 SY 41.00000 RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 8 IN. 0170 2511-0310100 37.500 STA SPECIAL COMPACTION OF SUBGRADE FOR RECREATIONAL TRAIL 0180 2511-7528101 118.000 DETECTABLE WARNINGS 0190 2515-2475006 DRIVEWAY, P.C. CONCRETE, 6 IN. 0200 2515-2475008 5 SY DRIVEWAY, P.C. CONCRETE, !� 0210 2515-6745600 `,\ 193.100 SY REMOVAL OF PAVED i WAY 173.400 SF 200.00 GGJJ� �8.00000 4,484.00 37.00000 6,415.80 40.75000 2,094.55 10.00000 1,931.00 5,675.25 1��18.60 58.00000 7,500.00 260.00000 37.00000 50.00000 63.00000 11.00000 Cat Alt Set: 7,731.50 2,006.80 9,750.00 Cat Alt Member: 40.00000 6,580.00 48.00000 1,660.80 260.00000 9,750.00 4,366.00 40.00000 8,670.00 67.00000 3,238.20 91.00000 2,124.10 12.00000 4,720.00 11,617.80 4,677.40 2,317.20 Page 38 of 265 40IU1NADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 4 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (1) PETERSON CONTRACTORS INC. Prim�ounty: BLACK HAWK (2) LODGE CO .CTION IN (3) WICKS CONSTRUCTION, INC. Unit Price Ext Amount Unit tic` C�� �20.00000 Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0220 2519-4200090 152.000 LF REMOVAL AND REINSTALLATION OF FENCE, AS PER PLAN 0230 2524-6765010 2.000 EACH REMOVE AND REINSTALL SIGN AS PER PLAN 0240 2524-9276010 100.000 LF PERFORATED SQUARE STEEL TUBE POSTS 0250 2524-9276021 10.000 EACH PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY SOIL INSTALLATION 0260 2524-9325001 40.000 SF TYPE A SIGNS, SHEET ALUMINUM 0270 2528-2518000 19.EACH SAFETY CLOSURE 0280 2528-8445110 ,sv (1) LS TRAFFIC CONTROL 0, \JO 17.50000 2,660.00 160.00000 G <Z0.00 168.00000 12.0000 1,200.00 13.00000 eilI�� 0>1000 350.00 37.00000 O 30.00000 1,200.00 32.00000 50.00000 950.00 55.00000 5,000.00000 5,000.00 2,800.00000 Cat Alt Set: 3,040.00 336.00 1,300.00 370.00 1,280.00 1,045.00 2,800.00 Cat Alt Member: 10.00000 1,520.00 500.00000 1,000.00 15.00000 1,500.00 200.00000 2,000.00 25.00000 1,000.00 200.00000 3,800.00 10,000.00000 10, 000.00 Page 39 of 265 40IU1NNNADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P >M Version 4.3 Revision 023 PPage 5 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (1) PETERSON CONTRACTORS INC. Prim•ounty: BLACK HAWK (2) LODGE CO .CTION IN (3) WICKS CONSTRUCTION, INC. Unit Price Ext Amount Unitptic`✓ Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0 0290 2528-8445113 4.000 EACH 605.00000 2,420.00 \(NeD05.00000 FLAGGERS , 0 J 0300 2529-5070110 91.700 SY 85.00000 -..0 75.00000 PATCHES, FULL -DEPTH FINISH, BY AREA 0310 2529-5070120 5.000 EACH 1,250.00000 .....k` 6,250.00 250.00000 PATCHES, FULL -DEPTH FINISH, BY COUNT O 0320 2533-4980005 (1) LS 15,004itk0 15,000.00 12,500.00000 MOBILIZATION V? 0330 2554-0112006 76.000 LF 90.00000 6,840.00 89.00000 WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 6 IN. 0340 2599-9999005 2.0$ ACH 3,000.00000 6,000.00 2,500.00000 5,000.00 ('EACH' ITEM) REMOVE AND RELO HYDRANT 0350 2599-9999009 16.000 LF 72.50000 8,410.00 34.00000 3,944.00 Unit Price Ext Amount ('LINEAR FEET ITEM) CU 'T CONCRETE ROADWAY PIPE 12 I _ ►�►- • ETER Cat Alt Set: Cat Alt Member: 2,420.00 6,877.50 1,250.00 12, 500.00 6,764.00 605.00000 2,420.00 120.00000 11,004.00 200.00000 1,000.00 30,000.00000 30,000.00 89.00000 6,764.00 3,000.00000 6,000.00 34.00000 3,944.00 Page 40 of 265 40IU1NNNADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 6 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (1) PETERSON CONTRACTORS INC. Prim�ounty: BLACK HAWK (2) LODGE CO .CTION IN (3) WICKS CONSTRUCTION, INC. Unit Price Ext Amount Unit ice Ext Amount O 16,400.00I (65.00000 10,865.00 Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0360 2599-9999009 41.000 LF ('LINEAR FEET' ITEM) SAFETY RAILING 0370 2601-2634150 1.100 ACRE MULCHING, WOOD CELLULOSE FIBER 0380 2601-2636044 1.100 ACRE SEEDING AND FERTILIZING (URBAN) 0390 2601-2638352 78.000 SQ SLOPE PROTECTION, WOOD EXCELSIOR MAT 0400 2601-2642120 1.100 ACRE STABILIZING CROP - SEEDING AND FERTILIZING (URBAN) 0410 2602-0000020 SILT FENCE 0420 2602-0000071 REMOVAL OF SILT FENC DITCH CHECKS Q�V LF .000 LF T FENCE FOR 400.00000 2,300.00000 O0 2,500.00000 2,750.00 1,800.00000 .4,4 1,980.00 3,200.00000 3,520.00 O 19 0 780.00 18.00000 1,404.00 c , , f 6 0.00000 1,430.00 3,150.00000 3,465.00 e 2.00000 120.001 10.00000 600.00 1.00000 60.00 7.00000 420.00 Cat Alt Set: Cat Alt Member: 265.00000 10,865.00 2,250.00000 2,475.00 1,750.00000 1,925.00 10.00000 780.00 1,250.00000 1,375.00 1.75000 105.00 1.00000 60.00 Page 41 of 265 40RANADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 7 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (1) PETERSON CONTRACTORS INC. Prim�ounty: BLACK HAWK (2) LODGE CO CJICTION IN (3) WICKS CONSTRUCTION, INC. Unit Price Ext Amount Unit ice Ext Amount ‘ 60.00 `(/91.00000 � J Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0430 2602-0000101 60.000 LF 1.00000 MAINTENANCE OF SILT FENCE OR SILT FENCE FOR DITCH CHECK 0440 2602-0000150 200.000 LF 26.00000 STABILIZED CONSTRUCTION ENTRANCE, EC- 303 0450 2602-0000312 2,820.000 LF PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE, 12 IN. DIA. 0460 2602-0000350 2,820.000 LF REMOVAL OF PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE 0470 2602-0010010 1.000` MOBILIZATIONS, EROSION CONTRO 0480 2602-0010020 . 0 EACH MOBILIZATIONS, EMERGENG OSION CONTROL Section To+ 2.50 .9 A<7)0.50000 O 7,050.00 1,410.00 Cat Alt Set: Cat Alt Member: 60.00 10.00000 2,000.00 3.50000 9,870.00 1.00000 2,820.00 1.00000 60.00 10.00000 2,000.00 2.50000 7,050.00 0.40000 1,128.00 500.00000 500.00 500.00000 500.00 500.00000 500.00 1,000.00000 1,000.00 1,000.00000 1,000.00 1,000.00000 1,000.00 $347,873.50 $353,274.90 $360,267.00 Page 42 of 265 40 RANA DOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 Page 8 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract Item Totals Contract Time Totals Contract Grand Totals () indicates item is bid as Lump Sum Contract ID: 07-8155-766 Prim�ounty: BLACK HAWK $347,873.50 $347,873.50 53,274.90 $353,274.90 $360,267.00 360,267.00 Page 43 of 265 40IU1NNNADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P >M Version 4.3 Revision 023 PPage 9 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract ID: 07-8155-766 Prim•ounty: BLACK HAWK Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units (4) CUNNINGHAM, K. CONSTRUCTION CO., INC. Unit Price Ext Amount (5) VIETH CONNTION CORPO ON UnitpticeN Ext Amount (6) MIDWEST CONCRETE, INC. Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0010 2101-0850001 CLEARING AND GRUBBING 0020 2101-0850002 CLEARING AND GRUBBING 0030 2102-0425070 SPECIAL BACKFILL 0040 2102-2625001 0.100 ACRE 44.000 UNIT 819.200 TON 1,234.000 CY EMBANKMENT -IN -PLACE, CONTRACTOR FURNISHED 0050 2102-2710070 10,500.00000 Cat Alt Set: Cat Alt Member: 1,050.00 \Bf!000.00000 6,500.00 28.00000 0 60.00000 2,640.00 ((s? 429.000 CYO 6.00000 2,574.00 9.00000 3,861.00 I EXCAVATION, CLASS 10, ROADWAY AND 1 ' BORROW v 0060 2105-8425005 250.` CY TOPSOIL, FURNISH AND SPREA‹,` 0070 2105-8425015 90.000�CY TOPSOIL, STRIP, SALVAO ND SPREAD r 'O 21.00000 17,203.20 24.00000 19,660.80 AL,O 1X1c7600 14,808.00 23.00000 28,382.00 31.00000 7,750.001 30.00000 7,500.00 6.00000 5,340.001 12.00000 10,680.00 20,000.00000 2,000.00 70.00000 3,080.00 18.50000 15,155.20 15.00000 18,510.00 16.25000 6,971.25 29.00000 7,250.00 13.00000 11, 570.00 Page 44 of 265 40IUtI%IMDOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 10 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member 0110 2416-0100012 APRONS, CONCRETE, 12 IN. DIA. 0120 2416-0100036 APRONS, CONCRETE, 36 IN. DIA. 0130 2416-1180036 104. CULVERT, CONCRETE ROADW Quantity and Units DIA. Contract ID: 07-8155-766 (4) CUNNINGHAM, K. CONSTRUCTION CO., INC. Prim�ounty: BLACK HAWK (5) VIETH CONNTION CORPO ON Unit ice Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS (�'� 0080 2123-7450000 75.000 STA 130.00000 9,750.00 `�-v00.00000 7,500.00 � J (6) MIDWEST CONCRETE, INC. SHOULDER CONSTRUCTION, EARTH Unit Price Ext Amount 0090 2315-8275025 70.000 TON 21.00000 �.�0 24.00000 1,680.00 SURFACING, DRIVEWAY, CLASS A CRUSHED STONE 0100 2402-2720100 50.000 CY 16.00000 CULVERT EXCAVATION, CLASS 20, FOR ROADWAY PIPE �Q 8.000 EACH 0000 5,600.00 540.00000 4,320.00 5.000 EACH, 1,400.00000 7,000.00 1,400.00000 7,000.00 PV LF 75.00000 7,800.00 150.00000 15,600.00 , 36 IN. 0140 2511-0302500 ,913.800 SY RECREATIONAL TRALAND CEMENT CONCRETE, 5 IN. b 800.00 31.35000 122,697.63 10.00000 500.00 39.00000 152,638.20 Unit Price Ext Amount Cat Alt Set: Cat Alt Member: 350.00000 26,250.00 23.00000 1,610.00 16.00000 800.00 1,175.00000 9,400.00 1,900.00000 9,500.00 150.00000 15,600.00 36.00000 140,896.80 Page 45 of 265 40IU1NADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 11 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0150 2511-0302600 164.500 SY RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 6 IN. 0160 2511-0302800 34.600 SY RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 8 IN. 0170 2511-0310100 37.500 STA SPECIAL COMPACTION OF SUBGRADE FOR RECREATIONAL TRAIL 0180 2511-7528101 118.000 SF DETECTABLE WARNINGS 0190 2515-2475006 DRIVEWAY, P.C. CONCRETE, 6 IN. ,S\ 0200 2515-2475008 DRIVEWAY, P.C. CONCRETE, 0210 2515-6745600 `,\ 193.100 SY REMOVAL OF PAVED i WAY 173.400 SY Contract ID: 07-8155-766 (4) CUNNINGHAM, K. CONSTRUCTION CO., INC. Unit Price 77.80000 Ext Amount 12, 798.10 86.50000 G2, 2.90 260.00 9,750.00 GJ� k/1.00000 4,838.00 O 77.80000 97.70000 16.00000 13,490.52 5,021.78 3,089.60 Prim�ounty: BLACK HAWK (5) VIETH CON CORPPOO ON Unit tic` C)‘ �49.00000 60.00000 100.00000 38.00000 52.00000 65.00000 10.00000 Ext Amount Cat Alt Set: 8,060.50 2,076.00 3,750.00 (6) MIDWEST CONCRETE, INC. Unit Price Ext Amount Cat Alt Member: 60.00000 75.00000 200.00000 4,484.00 40.00000 9,016.80 70.00000 3,341.00 93.00000 1,931.00 10.00000 9,870.00 2,595.00 7,500.00 4,720.00 12,138.00 4,780.20 1,931.00 Page 46 of 265 40IU1NNNADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 12 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0220 2519-4200090 152.000 LF REMOVAL AND REINSTALLATION OF FENCE, AS PER PLAN 0230 2524-6765010 2.000 EACH REMOVE AND REINSTALL SIGN AS PER PLAN 0240 2524-9276010 100.000 LF PERFORATED SQUARE STEEL TUBE POSTS 0250 2524-9276021 10.000 EACH PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY SOIL INSTALLATION 0260 2524-9325001 40.000 SF TYPE A SIGNS, SHEET ALUMINUM 0270 2528-2518000 19.EACH SAFETY CLOSURE 0280 2528-8445110 ,sv (1) LS TRAFFIC CONTROL 0, Contract ID: 07-8155-766 (4) CUNNINGHAM, K. CONSTRUCTION CO., INC. Unit Price Ext Amount Prim�ounty: BLACK HAWK (5) VIETH CONNTION CORPO ON Unit tic` Ext Amount C�� Cat Alt Set: 65.00000 9,880.00 `��/25.00000 3,800.00 • 0 160.00000 <Z0.00 175.00000 350.00 12.00000 1,200.00 13.00000 1,300.00 I� 200 350.00 38.00000 380.00 O 30.00000 1,200.00 33.00000 1,320.00 50.00000 950.00 54.00000 1,026.00 4,675.00000 4,675.00 3,000.00000 3,000.00 (6) MIDWEST CONCRETE, INC. Unit Price Ext Amount Cat Alt Member: 51.50000 7,828.00 412.00000 824.00 18.55000 1,855.00 206.00000 2,060.00 18.55000 742.00 103.00000 1,957.00 4,378.00000 4,378.00 Page 47 of 265 40IU1NNNADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids ct/19/2020 6:24:54 AM AASHTOWareZz9m Version 4.3 Revision 023 PPage 13 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Contract ID: 07-8155-766 Prim"ounty: BLACK HAWK (5) VIETH CONNTION CORPGO ON Unit tic` Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS (�'� 0290 2528-8445113 4.000 EACH 605.00000 2,420.00 `�ev05.00000 FLAGGERS , 0 J 0300 2529-5070110 91.700 SY 174.00000 1 0 110.00000 PATCHES, FULL -DEPTH FINISH, BY AREA 0310 2529-5070120 5.000 EACH 725.00000.4 3,625.00 100.00000 PATCHES, FULL -DEPTH FINISH, BY COUNT O 0320 2533-4980005 (1) LS 28,004itk 0 28,000.00 13,000.00000 MOBILIZATION k? 0330 2554-0112006 76.000 LF O 89.00000 6,764.00 380.00000 WATER MAIN, TRENCHED, DUCTILE IRON PIPE (DIP), 6 IN. 0340 2599-9999005 2.0$ ACH 3,000.00000 6,000.00 1,500.00000 3,000.00 ('EACH' ITEM) REMOVE AND RELO HYDRANT 0350 2599-9999009 16.000 LF 34.00000 3,944.00 65.00000 7,540.00 Quantity and Units ('LINEAR FEET ITEM) CU 'T CONCRETE ROADWAY PIPE 12 I _ ►�►- • ETER (4) CUNNINGHAM, K. CONSTRUCTION CO., INC. Unit Price Ext Amount (6) MIDWEST CONCRETE, INC. Unit Price Ext Amount Cat Alt Set: Cat Alt Member: 2,420.00 10,087.00 500.00 13,000.00 28, 880.00 605.00000 2,420.00 135.00000 12,379.50 125.00000 625.00 25,000.00000 25,000.00 163.00000 12,388.00 2,700.00000 5,400.00 77.50000 8,990.00 Page 48 of 265 40IU1NNNADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 14 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0360 2599-9999009 41.000 LF ('LINEAR FEET' ITEM) SAFETY RAILING 0370 2601-2634150 1.100 ACRE MULCHING, WOOD CELLULOSE FIBER 0380 2601-2636044 1.100 ACRE SEEDING AND FERTILIZING (URBAN) 0390 2601-2638352 78.000 SQ SLOPE PROTECTION, WOOD EXCELSIOR MAT 0400 2601-2642120 1.100 ACRE STABILIZING CROP - SEEDING AND FERTILIZING (URBAN) 0410 2602-0000020 SILT FENCE 0420 2602-0000071 Q�V LF .000 LF REMOVAL OF SILT FENCT FENCE FOR DITCH CHECKS Contract ID: 07-8155-766 (4) CUNNINGHAM, K. CONSTRUCTION CO., INC. Unit Price Ext Amount 265.00000 Prim�ounty: BLACK HAWK (5) VIETH CONNTION CORPO ON Unit tic`G Ext Amount /.0 10,865.00 ( 450.00000 18,450.00 370.00000 15,170.00 (6) MIDWEST CONCRETE, INC. Unit Price Ext Amount Cat Alt Set: Cat Alt Member: 2,500.00000 O0 1,600.00000 1,760.00 1,854.00000 2,039.40 3,200.00000.4 3,520.00 2,700.00000 2,970.00 1,236.00000 1,359.60 O 1Q0 0 1,404.00 5.50000 429.00 15.45000 1,205.10 00.00000 3,300.00 1,800.00000 1,980.00 1,854.00000 2,039.40 9.50000 7.00000 570.00 6.00000 360.00 420.00 1.00000 60.00 2.60000 156.00 2.06000 123.60 Page 49 of 265 40IU1NADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P >M Version 4.3 Revision 023 P Page 15 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0430 2602-0000101 60.000 LF MAINTENANCE OF SILT FENCE OR SILT FENCE FOR DITCH CHECK 0440 2602-0000150 200.000 LF STABILIZED CONSTRUCTION ENTRANCE, EC- 303 0450 2602-0000312 2,820.000 LF PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE, 12 IN. DIA. 0460 2602-0000350 2,820.000 LF REMOVAL OF PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE 0470 2602-0010010 1.000` MOBILIZATIONS, EROSION CONTRO 0480 2602-0010020 <D7O EACH MOBILIZATIONS, EMERGENOOSION CONTROL Section Tot r VO Contract ID: 07-8155-766 (4) CUNNINGHAM, K. CONSTRUCTION CO., INC. Unit Price 1.00000 10.00000 3.40 G'S A(70.85000 500.00000 1,000.00000 Ext Amount Prim•ounty: BLACK HAWK (5) VIETH CON CORPPOO ON Unit ice V 60.00 `� 1.00000 i J 9,588.00 2,397.00 30.00000 2.00000 0.35000 500.00 500.00000 1,000.00 1,000.00000 $380,713.53 Ext Amount Cat Alt Set: 60.00 6,000.00 5,640.00 987.00 (6) MIDWEST CONCRETE, INC. Unit Price Ext Amount Cat Alt Member: 2.00000 30.00000 2.88000 0.41000 500.00 500.00000 1,000.00 1,000.00000 $417,920.30 120.00 6,000.00 8,121.60 1,156.20 500.00 1,000.00 $437,964.85 Page 50 of 265 40 RANA DOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 Page 16 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract Item Totals Contract Time Totals Contract Grand Totals () indicates item is bid as Lump Sum Contract ID: 07-8155-766 Prim�ounty: BLACK HAWK $380,713.53 $380,713.53 17,920.30 $417,920.30 $437,964.85 437,964.85 Page 51 of 265 40IU1NADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids ct/19/2020 6:24:54 AM AASHTOWareZz9m Version 4.3 Revision 023 Page 17 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC Prim"ounty: BLACK HAWK INC. SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0010 2101-0850001 0.100 CLEARING AND GRUBBING 0020 2101-0850002 CLEARING AND GRUBBING 0030 2102-0425070 SPECIAL BACKFILL 0040 2102-2625001 1,234.000 EMBANKMENT -IN -PLACE, CONTRACTOR FURNISHED 0050 2102-2710070 429.000 EXCAVATION, CLASS 10, ROADWAY ANC BORROW TOPSOIL, FURNISH AND SPR 'V' 0070 2105-8425015 <j`90.000 TOPSOIL, STRIP, SA `SAND SPREAD 0060 2105-8425005 ACRE 44.000 UNIT 819.200 TON CY Unit Price Ext Amount 14, 000.00000 1,400. 85.00000 31�0.00 ASC 26.0000C) •,0c,"0 (<7 21,299.20 43,190.00 CY' 28.25000 12,119.25 CY CY 56.00000 17.25000 14,000.00 15, 352.50 r 5,000.00000 210.00000 30.00000 25.00000 15.00000 65.00000 15.00000 Ext Amount Cat Alt Set: 2,500.00 9,240.00 24, 576.00 30,850.00 6,435.00 16,250.00 13, 350.00 Unit Price Ext Amount Cat Alt Member: Page 52 of 265 40RANADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 18 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract ID: 07-8155-766 Prim�ounty: BLACK HAWK Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC (8) TK CON QI YE, INC. Unit Price Ext Amount r Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0080 2123-7450000 75.000 STA SHOULDER CONSTRUCTION, EARTH 0090 2315-8275025 70.000 TON SURFACING, DRIVEWAY, CLASS A CRUSHED STONE 0100 2402-2720100 50.000 CY EXCAVATION, CLASS 20, FOR ROADWAY PIPE CULVERT 0110 2416-0100012 APRONS, CONCRETE, 12 IN. DIA. 0120 2416-0100036 APRONS, CONCRETE, 36 IN. DIA. 0130 2416-1180036 1 CULVERT, CONCRETE ROAD DIA. �O 8.000 EACH 5.000 LF E, 36 IN. 89.00000 26.50000 37.50 .9 280.00000 2,485.00000 140.50000 6,675. �t 1,a55.00 1,875.00 10,240.00 12,425.00 14,612.00 ►.J 250.00000 Cat Alt Set: 18, 750.00 50.00000 3,500.00 40.00000 1,250.00000 2,500.00000 115.00000 2,000.00 10,000.00 12, 500.00 11, 960.00 Cat Alt Member: Page 53 of 265 40 IU1NADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 19 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract ID: 07-8155-766 Prim�ounty: BLACK HAWK Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC (8) TK CON QI YE, INC. Unit Price Ext Amount r1Ce Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0140 2511-0302500 3,913.800 SY RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 5 IN. 0150 2511-0302600 164.500 SY RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 6 IN. 0160 2511-0302800 34.600 SY RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 8 IN. 0170 2511-0310100 37.500 STA SPECIAL COMPACTION OF SUBGRADE FOR V RECREATIONAL TRAIL 0180 2511-7528101 118.0` \NSF DETECTABLE WARNINGS 0190 2515-2475006 `ii3:400 SY DRIVEWAY, P.C. CONCREleX. �O 27.25000 106,651. Q 65.50000 ` 0,774.75 50.00000 8,225.00 O ►.J 40.00000 Cat Alt Set: Cat Alt Member: 156, 552.00 74.y114p69• 2,560.401 80.00000 2,768.00 121.00000 4,537.501 200.00000 7,500.00 38.25000 4,513.50 40.00000 4,720.00 54.65000 9,476.31 60.00000 10,404.00 Page 54 of 265 40 RANA DOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P >M Version 4.3 Revision 023 P Page 20 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract ID: 07-8155-766 Prim•ounty: BLACK HAWK Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC (8) TK CON QI YE, INC. Unit Price Ext Amount r Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0200 2515-2475008 51.400 SY DRIVEWAY, P.C. CONCRETE, 8 IN. 0210 2515-6745600 193.100 SY REMOVAL OF PAVED DRIVEWAY 0220 2519-4200090 152.000 LF REMOVAL AND REINSTALLATION OF FENCE, AS PER PLAN 0230 2524-6765010 2.000 EACH REMOVE AND REINSTALL SIGN AS PER PLAN 0240 2524-9276010 100.000 LF PERFORATED SQUARE STEEL TUBE PO 14/ 0250 2524-9276021 10.:1$N EACH PERFORATED SQUARE STEEL Td OST ANCHOR, BREAK -AWAY SOILLATION 0260 2524-9325001 <(\ 40.000 SF TYPE A SIGNS, SHEE INUM 0 I 62.50000 16.25000 45.0000000 �` 0000 16.00000 210.00000 26.50000 3,212. 3,137.88 6,840.00 1,100.00 500.00000 1,600.00 22.50000 2,100.00 200.00000 1,060.00 40.00000 ►J 80.00000 Cat Alt Set: 4,112.00 20.00000 3,862.00 75.00000 11,400.00 1,000.00 2,250.00 2,000.00 1,600.00 Cat Alt Member: Page 55 of 265 0320 2533-4980005 MOBILIZATION 0330 2554-0112006 WATER MAIN, TRENCHED 0O (DIP), 6 IN. 40 RANA DOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 21 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract ID: 07-8155-766 Prim�ounty: BLACK HAWK Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC (8) TK CON QI YE, INC. Unit Price Ext Amount r Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0270 2528-2518000 SAFETY CLOSURE 0280 2528-8445110 TRAFFIC CONTROL 0290 2528-8445113 FLAGGERS 0300 2529-5070110 91.700 PATCHES, FULL -DEPTH FINISH, BY AREA 0310 2529-5070120 PATCHES, FULL -DEPTH FINISH, J5T 19.000 EACH (1) LS 4.000 EACH SY 5.000 EACH BY COUN�� (,4\ LS 1V000010 LF ILE IRON PIPE 4 I Ni840.00000 (<>.) 210.00000 3,990. .J 200.00000 10,500.00000 103p0.00 10,750.00000 605.0000C) 2,420.00 605.00000 OD0Q 00 7,794.50 90.00000 4,200.00 200.00000 30,250.00000 30,250.00 80,000.00000 147.25000 11,191.00 100.00000 Cat Alt Set: 3,800.00 10, 750.00 2,420.00 8,253.00 1,000.00 80,000.00 7,600.00 Cat Alt Member: Page 56 of 265 40IU1NADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 22 of 24 Call Order: 101 Letting Date: November 18, 2020 Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units Contract ID: 07-8155-766 (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC Prim�ounty: BLACK HAWK INC. SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0340 2599-9999005 2.000 EACH ('EACH' ITEM) REMOVE AND RELOCATE HYDRANT 0350 2599-9999009 116.000 LF ('LINEAR FEET' ITEM) CULVERT CONCRETE ROADWAY PIPE 12 IN. DIAMETER 0360 2599-9999009 41.000 LF ('LINEAR FEET ITEM) SAFETY RAILING 0370 2601-2634150 1.100 ACRE MULCHING, WOOD CELLULOSE FIBER 0380 2601-2636044 1.100 aV SEEDING AND FERTILIZING (URBAN)`,S\ 0390 2601-2638352 SQ SLOPE PROTECTION, WOOD j�:115IOR MAT 0400 2601-2642120 STABILIZING CROP - FERTILIZING (URBA 1.100 ACRE G AND Unit Price Ext Amount rl�ce Ext Amount 2,075.00000 4,150.'41 .J 5,000.00000 • 56.50000 ` 6,554.00 O Unit Price Ext Amount Cat Alt Set: Cat Alt Member: 10, 000.00 75.00000 8,700.00 365^. 14,965.00 250.00000 10,250.00 0.00000 1,650.00 4,500.00000 4,950.00 1,500.00000 1,650.00 3,000.00000 3,300.00 20.00000 1,560.00 24.00000 1,872.00 10,250.00000 11,275.00 1,350.00000 1,485.00 Page 57 of 265 40RANADOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 23 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract ID: 07-8155-766 Prim�ounty: BLACK HAWK Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC (8) TK CON QI YE, INC. Unit Price Ext Amount rl�ce Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0410 2602-0000020 SILT FENCE 0420 2602-0000071 60.000 LF 60.000 LF REMOVAL OF SILT FENCE OR SILT FENCE FOR DITCH CHECKS 0430 2602-0000101 60.000 LF MAINTENANCE OF SILT FENCE OR SILT FENCE FOR DITCH CHECK 0440 2602-0000150 200.000 LF STABILIZED CONSTRUCTION ENTRANCE, EC- 303 0450 2602-0000312 2,820.000 PERIMETER AND SLOPE SEDIMENT DEVICE, 12 IN. DIA. 0460 2602-0000350000 LF REMOVAL OF PERIMETE- i, D LOPE SEDIMENT CONTROL 1 kb - ``IIV Cat Alt Set: 6.15000 369. .J� 30.00000 1,800.00 4.00000 j Z0.00 10.00000 600.00 6.00 0 &41.00000 O 360.00 8,200.00 10.00000 600.00 30.00000 6,000.00 3.35000 9,447.001 4.50000 12,690.00 0.80000 2,256.00 0.50000 1,410.00 Cat Alt Member: Page 58 of 265 40 RANA DOT Contracts and Specifications Bureau Tabulation of Construction and Material Bids Q/19/2020 6:24:54 AM AASHTOWare P m Version 4.3 Revision 023 P Page 24 of 24 Call Order: 101 Letting Date: November 18, 2020 Contract ID: 07-8155-766 Prim�ounty: BLACK HAWK Line No / Item Number Item Description Alt Set / Alt Member Quantity and Units (7) EASTERN IOWA EXCAVATING AND CONCRETE, LLC (8) TK CON QI YE, INC. Unit Price Ext Amount rl�ce Ext Amount Unit Price Ext Amount SECTION: 0001 PCC SIDEWALK/TRAIL ITEMS 0470 2602-0010010 1.000 EACH 500.00000 500.Ck.J 500.00000 500.00 MOBILIZATIONS, EROSION CONTROL �` 0480 2602-0010020 1.000 EACH 1,000.00000 1, 0.00 1,000.00000 1,000.00 MOBILIZATIONS, EMERGENCY EROSION CONTROL Section Totals: Contract Item Totals Contract Time Totals Contract Grand Totals O O$450,868.34 () indicates item is bid as Lump Sum I $450,868.34 $450,868.34 $557,284.00 $557,284.00 $557,284.00 Cat Alt Set: Cat Alt Member: Page 59 of 265 CONTRACT Letting Date: Nov 18, 2020 10:00 A.M. Contract ID: 07-8155-766 County: BLACK HAWK Project Engineer: AECOM Cost Center: 849300 Object Code: 890 Contract Work Type: PCC SIDEWALK/TRAIL CaII Order No.: 101 DBE Commitment: $10,438.00 This agreement made and entered by and between the Contracting Authority, CITY OF WATERLOO and Contractor, PETERSON CONTRACTORS INC. Vendor ID: PE320 City: REINBECK State: IA It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if any, for project(s) listed herein, together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. Contractor, for and in considerations of $ 347,873.50 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contractor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public Registration Number), if applicable. In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and according to the requirements of the specifications the amounts set fourth, subject to the conditions as set forth in the specifications. It is further understood and agreed that the above work shall also be commenced or completed in accordance with Contract Time of this Contract and assigned Notes. To accomplish the purpose herein expressed, the Contracting authority and Contractor have signed this and one other identical instrument. For Federal -Aid Contracts the Contractor certifies that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the contract. Page 60 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Page 1 of 4 Contract Project(s) Contract ID: 07-8155-766 CaII Order No.: 101 Letting Date: Nov 18, 2020 10:00 A.M. Project Number: TAP-U-8155(766)--81-07 County: BLACK HAWK Project Work Type: PCC SIDEWALK/TRAIL Accounting ID: 37168 Location: In the city of Waterloo On Shaulis Rd Trail from Cedar Ter race Dr E 0.7 miles to Cedar Valley Nature Trail Route: SHAULIS ROAD TRAIL Federal Aid - Predetermined Wages are in Effect Page 61 of 265 &IOWADOT SMARTER I SIMPLER !CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Page 2 of 4 Contract Time Contract ID: 07-8155-766 Call Order No.: 101 Letting Date: Nov 18, 2020 10:00 A.M. Site ID Site Details Liquidated Damages 00 Late Start Date 07/06/2021 50 WORK DAYS $1,000.00 (*) - Indicates Cost Plus Time Site. See Schedule of Items for Cost Per Unit Page 62 of 265 &IOWADOT SMARTER I SIMPLER !CUSTOMER DRIVEN Notes 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Page 3 of 4 Contracts ID: 07-8155-766 CaII Order No.: 101 Letting Date: Nov 18, 2020 10:00 A.M. Notes : There are no notes for this contract. Page 63 of 265 &IOWADOT SMARTER I SIMPLER !CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Page 4 of 4 Contract Addenda Contract ID: 07-8155-766 CaII Order No.: 101 Letting Date: Nov 18, 2020 10:00 A.M. The following is a list of Contract Addenda: 18NOV101.A01 Page 64 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Contract Specifications List Page 1 of 2 Contract ID: 07-8155-766 CaII Order No.: 101 Letting Date: November 18, 2020 10:00 A.M. Note Description 001.2015 *** STANDARD SPECIFICATIONS -- SERIES 2015 *** The Iowa Department of Transportation STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION, SERIES 2015, plus applicable General Supplemental Specifications, Developmental Specifications, Supplemental Specifications AND Special Provisions shall apply to construction work on this contract. 410.11 *** STORM WATER POLLUTION PREVENTION PLAN *** A Storm Water Pollution Prevention Plan has been developed by the Contracting Authority for one or more projects on this contract. See the project plans (or other contract document) for specific Storm Water Pollution Prevention Plan details. 500.01 *** WINTER WORK *** The free time allowed between November 15 and April 1 will not be permitted on this project. The Contractor shall work during the winter on all working days as defined in Article 1101.03 'Working Day. FHWA-1273.05 FHWA-1273: REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS GS-15011 GENERAL SUPPLEMENTAL SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION Page 65 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Contract Specifications List Page 2 of 2 Contract ID: 07-8155-766 CaII Order No.: 101 Letting Date: November 18, 2020 10:00 A.M. IA20-28.0 PREDETERMINED WAGE RATE - GENERAL DECISION NUMBER IA20200028 FOR HEAVY AND HIGHWAY CONSTRUCTION -- STATEWIDE (EXCEPT SCOTT COUNTY) Note: The Contractor shall review the contract documents and is responsible for identifying which zone(s), as defined in the Predetermined Wage Rate specification, apply to the work on the contract. *** Additional Requirement *** The Prime Contractor shall submit certified payrolls for itself and each approved Subcontractor weekly to the Project Engineer. The Contractor may use the Iowa D.O.T. Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the Subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. Page 66 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Contract Schedule Page 1 of 5 Contract ID: 07-8155-766 Awarded Vendor: PE320 PETERSON CONTRACTORS INC. SECTION 0001 Alt Set ID: PCC SIDEWALK/TRAIL ITEMS $347,873.50 Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0010 2101-0850001 0.100 CLEARING AND GRUBBING ACRE 17,500.00 1,750.00 0020 2101-0850002 44.000 CLEARING AND GRUBBING UNIT 40.00 1,760.00 0030 2102-0425070 819.200 SPECIAL BACKFILL TON 20.00 16,384.00 0040 2102-2625001 1,234.000 EMBANKMENT -IN -PLACE, CY 12.50 15,425.00 CONTRACTOR FURNISHED 0050 2102-2710070 429.000 EXCAVATION, CLASS 10, ROADWAY AND BORROW CY 17.50 7,507.50 0060 2105-8425005 250.000 TOPSOIL, FURNISH AND SPREAD CY 22.00 5,500.00 0070 2105-8425015 890.000 TOPSOIL, STRIP, SALVAGE AND CY 18.50 16,465.00 SPREAD 0080 2123-7450000 75.000 SHOULDER CONSTRUCTION, EARTH STA 80.00 6,000.00 0090 2315-8275025 70.000 SURFACING, DRIVEWAY, CLASS A TON 27.50 1,925.00 CRUSHED STONE 0100 2402-2720100 50.000 EXCAVATION, CLASS 20, FOR ROADWAY PIPE CULVERT CY 20.00 1,000.00 0110 2416-0100012 8.000 APRONS, CONCRETE, 12 IN. DIA. EACH 650.00 5,200.00 0120 2416-0100036 5.000 APRONS, CONCRETE, 36 IN. DIA. EACH 2,500.00 12,500.00 Page 67 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Contract Schedule Page 2 of 5 Contract ID: 07-8155-766 Awarded Vendor: PE320 PETERSON CONTRACTORS INC. SECTION 0001 Alt Set ID: PCC SIDEWALK/TRAIL ITEMS $347,873.50 Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0130 2416-1180036 104.000 CULVERT, CONCRETE ROADWAY LF 120.00 12,480.00 PIPE, 36 IN. DIA. 0140 2511-0302500 3,913.800 RECREATIONAL TRAIL, PORTLAND SY 28.50 111,543.30 CEMENT CONCRETE, 5 IN. 0150 2511-0302600 164.500 RECREATIONAL TRAIL, PORTLAND SY 34.50 5,675.25 CEMENT CONCRETE, 6 IN. 0160 2511-0302800 34.600 RECREATIONAL TRAIL, PORTLAND SY 41.00 1,418.60 CEMENT CONCRETE, 8 IN. 0170 2511-0310100 37.500 SPECIAL COMPACTION OF STA 200.00 7,500.00 SUBGRADE FOR RECREATIONAL TRAIL 0180 2511-7528101 118.000 DETECTABLE WARNINGS SF 38.00 4,484.00 0190 2515-2475006 173.400 DRIVEWAY, P.C. CONCRETE, 6 IN. SY 37.00 6,415.80 0200 2515-2475008 51.400 DRIVEWAY, P.C. CONCRETE, 8 IN. SY 40.75 2,094.55 0210 2515-6745600 193.100 REMOVAL OF PAVED DRIVEWAY SY 10.00 1,931.00 0220 2519-4200090 152.000 REMOVAL AND REINSTALLATION OF LF 17.50 2,660.00 FENCE, AS PER PLAN 0230 2524-6765010 2.000 REMOVE AND REINSTALL SIGN AS EACH 160.00 320.00 PER PLAN Page 68 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Contract Schedule Page 3 of 5 Contract ID: 07-8155-766 Awarded Vendor: PE320 PETERSON CONTRACTORS INC. SECTION 0001 Alt Set ID: PCC SIDEWALK/TRAIL ITEMS $347,873.50 Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0240 2524-9276010 100.000 PERFORATED SQUARE STEEL TUBE LF 12.00 1,200.00 POSTS 0250 2524-9276021 10.000 PERFORATED SQUARE STEEL TUBE EACH 35.00 350.00 POST ANCHOR, BREAK -AWAY SOIL INSTALLATION 0260 2524-9325001 40.000 TYPE A SIGNS, SHEET ALUMINUM SF 30.00 1,200.00 0270 2528-2518000 19.000 SAFETY CLOSURE EACH 50.00 950.00 0280 2528-8445110 TRAFFIC CONTROL LUMP SUM 5,000.00 0290 2528-8445113 4.000 FLAGGERS EACH 605.00 2,420.00 0300 2529-5070110 91.700 PATCHES, FULL -DEPTH FINISH, BY SY 85.00 7,794.50 AREA 0310 2529-5070120 5.000 PATCHES, FULL -DEPTH FINISH, BY EACH 1,250.00 6,250.00 COUNT 0320 2533-4980005 MOBILIZATION LUMP SUM 15,000.00 0330 2554-0112006 76.000 WATER MAIN, TRENCHED, DUCTILE LF 90.00 6,840.00 IRON PIPE (DIP), 6 IN. 0340 2599-9999005 2.000 ('EACH' ITEM) REMOVE AND EACH 3,000.00 6,000.00 RELOCATE HYDRANT Page 69 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Contract Schedule Page 4 of 5 Contract ID: 07-8155-766 Awarded Vendor: PE320 PETERSON CONTRACTORS INC. SECTION 0001 Alt Set ID: PCC SIDEWALK/TRAIL ITEMS $347,873.50 Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0350 2599-9999009 116.000 ('LINEAR FEET ITEM) CULVERT LF 72.50 CONCRETE ROADWAY PIPE 12 IN. DIAMETER 0360 2599-9999009 41.000 ('LINEAR FEET' ITEM) SAFETY LF 400.00 RAILING 0370 2601-2634150 1.100 MULCHING, WOOD CELLULOSE ACRE 2,300.00 FIBER 0380 2601-2636044 1.100 SEEDING AND FERTILIZING (URBAN) ACRE 1,800.00 0390 2601-2638352 78.000 SLOPE PROTECTION, WOOD SQ 10.00 EXCELSIOR MAT 0400 2601-2642120 1.100 STABILIZING CROP - SEEDING AND ACRE 1,300.00 FERTILIZING (URBAN) 0410 2602-0000020 60.000 SILT FENCE LF 2.00 0420 2602-0000071 60.000 REMOVAL OF SILT FENCE OR SILT LF 1.00 FENCE FOR DITCH CHECKS 0430 2602-0000101 60.000 MAINTENANCE OF SILT FENCE OR LF 1.00 SILT FENCE FOR DITCH CHECK 0440 2602-0000150 200.000 STABILIZED CONSTRUCTION LF 26.00 ENTRANCE, EC-303 0450 2602-0000312 2,820.000 PERIMETER AND SLOPE SEDIMENT LF 2.50 CONTROL DEVICE, 12 IN. DIA. 8,410.00 16,400.00 2,530.00 1,980.00 780.00 1,430.00 120.00 60.00 60.00 5,200.00 7,050.00 Page 70 of 265 IOWA DOT SMARTER I SIMPLER I CUSTOMER DRIVEN 11/23/2020 15:16:57 AASHTOWare ProjectTM Version 4.3 Revision 023 Contract Schedule Page 5 of 5 Contract ID: 07-8155-766 Awarded Vendor: PE320 PETERSON CONTRACTORS INC. SECTION 0001 Alt Set ID: PCC SIDEWALK/TRAIL ITEMS $347,873.50 Alt Mbr ID: Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0460 2602-0000350 2,820.000 REMOVAL OF PERIMETER AND LF 0.50 1,410.00 SLOPE SEDIMENT CONTROL DEVICE 0470 2602-0010010 1.000 MOBILIZATIONS, EROSION CONTROL EACH 500.00 500.00 0480 2602-0010020 1.000 MOBILIZATIONS, EMERGENCY EACH 1,000.00 1,000.00 EROSION CONTROL Total Bid: $347,873.50 Page 71 of 265 VI. VII. VIII. IX. X. XI. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Nondiscrimination Nonsegregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Compliance with Governmentwide Suspension and Debarment Requirements Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 1 Page 72 of 265 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 2 Page 73 of 265 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 3 Page 74 of 265 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 4 Page 75 of 265 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 5 Page 76 of 265 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractors or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 6 Page 77 of 265 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 7 Page 78 of 265 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T his provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 8 Page 79 of 265 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.qov/) which is compiled by the General Services Administration. 9 Page 80 of 265 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/) which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 Page 81 of 265 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 Page 82 of 265 PREDETERMINED WAGE RATE IA20 - 28.0 General Decision Number: IA20200028 06/12/2020 Superseded General Decision Number: IA20200001 State: Iowa Construction Types: Heavy and Highway Counties: Iowa Statewide. STATEWIDE EXCEPT SCOTT COUNTY HEAVY CONSTRUCTION PROJECTS (Does not include work on or pertaining to the Mississippi or Missouri Rivers or on Water and Sewage Treatment Plants), AND HIGHWAY PROJECTS (does not include building structures in rest areas) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 06/12/2020 SUTA2020-001 10/18/2017 CARPENTER AND PILEDRIVERMEN: Rates Fringes ZONE 1 28.52 14.08 ZONE 2 26.73 14.08 ZONE 3 26.73 14.08 ZONE 4 26.25 11.50 ZONE 5 * * 25.15 9.90 CONCRETE FINISHER: ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 28.10 28.10 28.10 25.45 24.40 7.40 7.40 7.40 6.40 6.40 IA20200028 - 1 Page 83 of 265 PREDETERMINED WAGE RATE IA20 - 28.0 ELECTRICIAN (STREET AND HIGHWAY LIGHTING AND TRAFFIC SIGNALS) ZONE 1, 2, AND 3 ZONE 4 ZONE 5 IRONWORKER: (SETTING OF STRUCTURAL STEEL) ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ** LABORER: ZONE 1, 2, AND 3 GROUP AA GROUP A GROUP B GROUP C ZONE 4 GROUP A GROUP B GROUP C ZONE 5 GROUP A GROUP B GROUP C POWER EQUIPMENT OPERATOR: ZONE 1 GROUP A GROUP B GROUP C GROUP D ZONE 2 GROUP A GROUP B GROUP C GROUP D ZONE 3 GROUP A GROUP B GROUP C GROUP D ZONE 4 GROUP A GROUP B GROUP C GROUP D 25.05 23.75 21.60 31.50 29.41 29.41 27.35 25.50 6.80 6.80 6.80 10.90 10.90 11.20 9.90 9.45 26.13 9.68 23.75 9.68 21.90 9.68 18.82 9.68 21.27 9.08 19.95 9.08 17.07 9.08 21.77 7.63 19.27 7.63 18.42 7.63 32.55 14.90 31.00 14.90 28.50 14.90 28.50 14.90 31.85 14.90 30.25 14.90 27.70 14.90 27.70 14.90 29.70 24.65 27.90 24.65 26.90 24.65 26.90 24.65 31.05 12.50 29.91 12.50 27.83 12.50 27.83 12.50 IA20200028 - 2 Page 84 of 265 PREDETERMINED WAGE RATE IA20 - 28.0 ZONE 5 GROUP A GROUP B GROUP C GROUP D 28.02 26.98 25.25 24.25 TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON) ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE DEFINITIONS 10.70 10.70 10.70 10.70 24.45 11.15 24.45 11.15 24.45 24.45 22.50 11.15 6.95 6.95 ZONE 1 The Counties of Polk, Warren and Dallas for all Crafts, and Linn County Carpenters only. ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except Carpenters. ZONE 3 The Cities of Burlington, Clinton, Fort Madison, Keokuk, and Muscatine (and abutting municipalities of any such cities). ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion Counties; Clinton County (except the City of Clinton), Johnson County, Muscatine County (except the City of Muscatine), the City of Council Bluffs, Lee County and Des Moines County. ZONE 5 All areas of the state not listed above. LABORER CLASSIFICATIONS - ALL ZONES GROUP AA — {Skilled pipelayer (sewer, water and conduits) and tunnel laborers; Asbestos abatement worker} (Zones 1, 2, and 3). GROUP A — Carpenter tender on bridges and box culverts; curb machine (without a seat); deck hand; diamond & core drills; drill operator on air tracs, wagon drills and similar drills; form setter/stringman on paving work; gunnite nozzleman; joint sealer kettleman; laser operator; powderman tender; powderman/blaster; saw operator; sign erector*; {pipelayer (sewer, water, and conduits); tunnel laborer; Asbestos abatement worker} (Zones 4 and 5). GROUP B - Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain sawman; compressor (under 400 cfm); concrete finisher tender; concrete processing materials and monitors; cutting torch on demolition; drill tender; dumpmen; electric drills; fence erectors; form line expansion joint assembler; form tamper; general laborer; grade checker; handling and placing metal mesh, dowel bars, reinforcing bars and chairs; hot asphalt laborer; installing temporary traffic control devices; jackhammerman; mechanical grouter; painter (all except stripers); paving breaker; planting trees, shrubs and flowers; power broom (not self-propelled); power buggyman; rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching; IA20200028 - 3 Page 85 of 265 PREDETERMINED WAGE RATE IA20 - 28.0 sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman; underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work from bosun chair. GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier. POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES GROUP A - All terrain (off road) forklift, Asphalt breakdown roller (vibratory); Asphalt laydown machine; asphalt plant; Asphalt screed; bulldozer (finish); central mix plant; concrete pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above); dragline and power shovel; dredge engineer; excavator (over'/2 cu. yd.); front end loader (4 cy and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor grader (finish); push cat; rubber tired backhoe (over'/2 cu. yd.); scraper (12 cu. yd. and over or finish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete paver; tow or push boat; trenching machine (Cleveland 80 or similar). GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle; Asphalt roller; belt loader or similar loader; bulldozer (rough); churn or rotary drill; concrete curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less than 60,000 (lbs) pullback); distributor; excavator (1/2 cu. yd. and under); form riding concrete paver; front end loader (2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired backhoe (1/2 cu. yd. and under); scraper (under 12 cy); screening, washing and crushing plant (mobile, portable or stationary); shoulder machine; skid loader (1 cu. yd. and over); subgrader or trimmer; trenching machine; water wagon on compaction. GROUP C - Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm type tractor (over 75 hp.) pulling disc or roller; forklift; front end loader (under 2 cu. yd.); motor grader (rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well points; safety boat; self-propelled roller (other than asphalt); self-propelled sand blaster or shot blaster, water blaster or striping grinder/remover; skid loader (under 1 cu. yd.); truck mounted post driver. GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor (under 75 hp.) pulling disk, roller or other attachments; group greaser tender; light plants; mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch diameter); tree chipping machine; truck crane driver/oiler. ** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5) Setting of structural steel; any welding incidental to bridge or culvert construction; setting concrete beams. * ADDED CRAFT - SIGN ERECTOR WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. IA20200028 - 4 Page 86 of 265 PREDETERMINED WAGE RATE IA20 - 28.0 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. IA20200028 - 5 Page 87 of 265 PREDETERMINED WAGE RATE IA20 - 28.0 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. Example: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 IA20200028 - 6 Page 88 of 265 PREDETERMINED WAGE RATE IA20 - 28.0 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION IA20200028 - 7 Page 89 of 265 Doc Express Document Signing History Contract: 07-8155-766 Document: BO 101 07-8155-766 201118 CONTRACT This document is in the process of being signed by all required signatories using the Doc Express service. Following are the signatures that have occurred so far. Date Signed By (Signed by Contractor) (Local Public Agency View and Sign Performance Bond ) (Local Public Agency Signed Contract (by Authorized Signatory)) (Check by Contracts and Specifications Bureau (DOT)) (Signed by Contracts and Specifications Bureau (DOT)) (Marked Completed by Contracts and Specifications Bureau (DOT)) Page 90 of 265 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net increase of $9,750, in conjunction with asbestos abatement services, Contract No. AB-2020-08-8P, and authorizing the Mayor to execute said document. City Council Meeting: 12/7/2020 Prepared: 11/23/2020 ATTACHMENTS: Description Type ❑ Change Order #2 Backup Material ❑ Change Order #2 e-mail Backup Material D Change Order #2 Documentation Backup Material ❑ Change Order #1 Backup Material D Asbestos Abatement Contract #AB-2020-08-8P Backup Material SUBJECT: Submitted by: Motion approving Change Order No. 2 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net increase of $9,750, 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 Recommended Action: 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. On 10/19 the City Council approved Change Order No. 1 to the contract, amending the contract to remove the property at 1809 Black Hawk Street from the scope of work, Summary S tatement: and to add 242 Hogle Street to the scope of work for $3,222. Change Order No. 1 had a net decrease to the contract of -$4,378. Included in the contract was asbestos removal at 2127 E 4th St (St. Mary's), and the contractor has identified asbestos containing pipe wrap that had not been identified by the asbestos testing contractor, and is requesting Change Order No. 2 in the amount of $9,750 to cover the additional work. So the revised total contract amount would be $163,772. Expenditure Required: $9,750 Source of Funds: Nuisance Abatement Bonds Policy Issue: Nuisance Abatement Page 91 of 265 Change Order Proposal Submitted To: City of Waterloo Aric Schroeder/Chris Western 715 Mulberry St Waterloo, IA 50703 Project & Address: Change order #2 #AB-2020-08-8P Awarded 9/8/20 Extra Pipe at St. Mary's Date: 11/13/20 ENVIRONMENTAL TI .."� AN11all !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: Add for Asbestos Removal Extra Pipes -St Mary's (CO #2) $9750.00 Original Contract C/O #1 and contract decrease Change order #2 Revised Contract Amount Respectfully Submitted, $158,400.00 -$4378.00 $9750.00 $163,772.00 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 92 of 265 CHRIS WESTERN From: Jay Llewellyn <Jay.Llewellyn@advancedmidwest.com> Sent: Thursday, November 12, 2020 8:47 AM To: CHRIS WESTERN Subject: St Mary's Chris, left you a voice mail as well but we met with inspector over at St Mary's and there was a lot more pipe insulation that was identified than was put into the report or observed at the walk through. It would be a pretty significant amount just because of the clean up of the areas. I was wondering if you wanted to meet to look at and discuss or should we just give you a cost estimate for the extra pipe insulation? It is something that will need to be done before we get freezing temps otherwise clean up will be very difficult. You can give me a call to discuss if possible. Thanks! Jay Jay Llewellyn Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street I Waterloo, Iowa 50703 www.advancedmidwest.com (319) 287-4447 I Office (319) 269-2492 I Cell (319) 287-4449 I Fax Licensed in KS, MO, IA, MN, IL and WI I. Page 93 of 265 Attached are some pictures of the asbestos pipe insulation that must be removed prior to demolition takes place in this building. These areas are not identified on the original inspection report. The lower lines are fiberglass and do not need to be removed. However, the upper lines do contain asbestos and they must be removed prior to demolition so the demolition can take place. The asbestos contractor will create "regulated areas" and any where that the pipe insulation is being removed, anything under the pipe removal must be cleaned as well. As you can see from the pictures, the clean up will probably be 50% of the job as it will involve cleaning up all debris below the pipes as there were some areas where the asbestos had fallen on to the ground in the debris. The asbestos contractor will have to remove wood stairs as the wood is unsafe in one of the rooms and clean up some of the other items prior to moving. There is no power to the building so the contractor will have to supply a generator for lights and HEPA vacuums, along with negative air machines. Page 94 of 265 !i_ These liners were fiberglass, so I am assuming the inspector thought they were all fiberglass These lines are asbestos —The floors under the pipe insulation will be in a regulated area so the floors must be clean as well This is the kitchen area — Pipe was above ceiling tile. Work will require moving ceiling tile and clean up underneath pipe area In this room, the built up wood steps/music are stable and all debris un . - r pipe insulation must be cleaned up/removed. Again, lo er lines are fiberglass, upper lines are asbestos Page 95 of 265 Another room where there is a lot of debris that will need to be moved in order to get to the pipe insulation. Again, upper pipes are asbestos, lower pipes are fiberglass. Another room where a a lot of clean up will take place to get to the asbestos lines. Last room where upper lines are asbestos and lower lines are fiberglass. Again, lots of clean up must happen prior to getting to pipe insulation. Page 96 of 265 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 97 of 265 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 98 of 265 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 99 of 265 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 100 of 265 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 101 of 265 CITY OF WATERLOO Council Communication Motion to receive and place on file the 2021 Budget of the Waterloo Water Works, and authorizing City Clerk to file said documents with the Black Hawk County Auditor. City Council Meeting: 12/7/2020 Prepared: 11/20/2020 ATTACHMENTS: Description ❑ Cover Letter to City Clerk ❑ Proof of publication ❑ Adopted Budget Certificate Adopted Budget Summary and Resources and Requirements Detail SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Cover Memo Cover Memo Cover Memo Cover Memo Motion to receive and place on file the 2021 Budget of the Waterloo Water Works, and authorizing City Clerk to file said documents with the Black Hawk County Auditor. Submitted By: Chad Coon, General Manager. Waterloo Water Works Motion to receive and place on file the 2021 Budget of the Waterloo Water Works, and authorizing City Clerk to file said documents with the Black Hawk County Auditor The 2021 Budget was adopted by the Board of Trustees of the Waterloo Water Works at their regular meeting on November 18, 2020. The Notice of Public Hearing was published on November 6, 2020. No City funds are required for this action. Waterloo Water Works operating funds, primarily generated from water sales. Page 102 of 265 WATERLOO WATER WORKS CHAD COON General Manager 325 SYCAMORE STREET • P.O. BOX 27 319-232-6280 WATERLOO, IOWA 50704 FAX: 319-232-1962 November 20, 2020 Kelley Felchle Waterloo City Clerk City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Kelley: TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL Transmitted herein are three copies of the Adopted Budget Certificate, three copies of the Adopted Budget Summary, three copies of the Resources and Requirements Detail, and a copy of the Proof of Publication for the Waterloo Water Works 2021 Budget as adopted by the Board of Trustees at their regular meeting of November 18, 2020. The Notice of Public Hearing was published on November 6, 2020. Please have the 2021 budget received and filed by the City Council and send the necessary information to the Black Hawk County Auditor. After action by the City Council, please provide us with a copy of your letter to the Black Hawk County Auditor and an original signed copy of the City Council action. Please contact me if you have any comments or questions. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cd Enclosures Page 103 of 265 *** Proof of Publication *** Courier Communications 100 East 4th Street, Waterloo, Iowa 50703 Black Hawk County I do solemnly swear that the annexed copy of notice was published in the WATERLOO/CEDAR FALLS COURIER, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Waterloo Water Works - Legals PO BOX 27 WATERLOO IA 50704 ORDER NUMBER 189964 Signed Subscribe nd sworn to before me this 1 L. day of (ff Mettittti Notary Pu is Received of the sum of (2000. for publication of the above invoice. Notary Seal: Section: Legals Category: 950 Legal Notice PUBLISHED ON: 11/06/2020 TOTAL AD COST' FILED ON: 27.16 11/9/2020 Dollars in full NOTICE OF PUBLIC HEARING Budget Estimate Waterloo Water Works, Waterloo, Iowa The Waterloo Water Works Board of Trustees will cdnducl a public hearing on the proposed calendar year 2021 budget at the Waterloo Water Works 011rce, 325 Sycamore Street on November 18, 2020, beginning at 8:00 o'clock A M. The 1.8udgel Estimate Summary of proposed revenues and expenditures is shown below. Copies of the detailed proposed 2021 budget may be obtained or viewed at the office of the Waterloo Water Works, 325 Sycamore Street, Waterloo, Iowa. At the public hearing, any resident may present objections to, or arguments in favor of, any part of the proposed budget. November 3, 2020 /s/ Chad Coon Secretary BUDGET ESTIMATE SUMMARY Revenue & Other Financial Sources Use of money and property Budget 2021 Re -estimated 2020 Actual 2019 Charges for services $ 10,377,000 $ 10,181,654 $ 10,169,416 Miscellaneous $ 863,000 $ 825,681 $ 1,153,440 Other Financing Sources Total Revenues & Financing Sources $ 11,240,000 $ 11,007,335 $ 11,322,856 Expenditures & Transfers Out Expenditures $ 14,563,750 $ 10,181,474 $ 9,262,834 Transfers Out Total Expenditures & Transfers Out 5 14,563,750 $ 10,181,474 $ 9,262,834 Excess of Revenues & Other Sources $ (3,323,750) $ 933,343 $ 2,748,509 (+) (-) Expenditures & Transfers Out Beginning Fund Balance as originally reported 5 18,200,788 $ 17,267,445 $ 14,518,936 Ending Fund Balance December 31 $ 14,877,038 $ 18,200,788 $ 17,267,445 Page 104 of 265 Department of Management ADOPTED BUDGET CERTIFICATE CERTIFICATION To: Waterloo City Council At a meeting of the Waterloo Water Works Board of Trustees, held after public hearing as required by law, (Governing Board) on November 18, 2020, the proposed budget for calendar year 2021 was adopted as summarized and attached hereto. Telephone Area Code (319) 232-6280 Chad Coon Board Secretary Address P.O. Box 27, 325 Sycamore Street Waterloo, Iowa Zip 50704 Record of Public Hearing and Adoption of Budget: On November 18, 2020, Waterloo Water Works Board of Trustees met for the purpose of conducting a public hearing on the proposed CY 2021 budget as published. Notice of time and place of hearing had been published on November 6th, 2020 in the Waterloo Courier and the affidavit of publication was available to file with the City Council. The budget estimate was considered and taxpayers and residents heard for and against said estimate were as follows: No oral or written comments were received. After giving opportunity for all desiring to be heard, the Board adopted the following budget resolution: A RESOLUTION ADOPTING THE BUDGET FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2021. BE IT RESOLVED by the Waterloo Water Works Board of Trustees: The budget for calendar year ending December 31, 2021, as set forth in the Adopted Budget Summary and in the detailed budget in support thereof showing the estimated revenues and expenditures for said calendar year is adopted, and the Secretary is directed to make the filing required by law and to set up the books in accordance with the summary and detail as adopted. Passed and approved on November 18, 2020, by the following vote: (list names) Ayes Potter Wall Nays None Wienands Absent: None iik/) Chairperson Attest: Secretary Chad Coon Page 105 of 265 WATERLOO WATER WORKS NAME OF ENTERPRISE REVENUES & OTHER FINANCING SOURCES EX Exc ADOPTED BUDGET SUMMARY Budget CY 2021 Re -Estimated CY 2020 Department of Management CALENDAR YEAR 2021 Actual CY 2019 Use of Money and Property (line 398) 241 271 301 Charges for Services (line 414) 243 $ 10,377,000 273 $ 10,181,654 303 $ 10,169,416 Miscellaneous (line416) 245 $ 863,000 275 $ 825,681 305 $ 1,153,440 Operating Transfers In (line 417) 247 277 307 Proceeds of Long Term Debt/FEMA (line 418) 248 278 308 Proceeds of Fixed Asset Sales (line 419) 249 279 309 Total Revenues & Other Financing Sources 250 $ 11,240,000 280 $ 11,007,335 310 $ 11,322,856 'ENDITURES & TRANSFERS OUT Expenditures (line386) 255 $ 14,563,750 285 $ 10,181,474 315 $ 9,262,834 Transfers Out (line 387) 259 289 319 Total Expenditures & Transfers Out 260 $ 14,563,750 290 $ 10,181,474 320 $ 9,262,834 ass of Revenues & Other Sources Over (under) Expenditures & Transfers Out 261 $ (3,323,750) 291 $ 933,343 321 $ 2,748,509 Beginning Fund Balance as originally reported (line 390) 262 $ 18,200,788 292 $ 17,267,445 322 $ 14,518,936 Adjustment to actual Beginning Fund Balance as restated January 1 Ending Fund Balance December 31 (line 388) 263 $ 14,877,038 293 $ 18,200,788 323 $ 17,267,445 (line XXX) is line reference from the detail page Page 106 of 265 WATERLOO WATER WORKS NAME OF ENTERPRISE RESOURCES DETAIL Beginning Fund Balance, January 1 Use of Money & Property Charges for Services: Hospital Water Sewer Electric Gas Total Charges for Services Miscellaneous Other Financing Sources: Operating Transfers In Proceeds of Long Term Debt/FEMA Proceeds of Fixed Asset Sales Total Resources Budget CY 2021 Department of Management CALENDAR YEAR 2021 Re -Estimated CY 2020 Actual CY 2019 390 $ 16,377,973 $ 14,518,936 $ 14,518,936 398 411 404 $ 10,377,000 $ 10,195,382 $ 10,169,415.55 405 406 407 414 416 $ 1,013,000 $ 1,163,829 $ 1,943,168 417 418 419 421 $ 27,767,973 $ 25,878,147 $ 24,059,682 Expenditures: Total Expenditures: REQUIREMENTS DETAIL Hospital Water Sewer Electric Gas Transfers Out Ending Fund Balance December 31 Total Requirements Budget CY 2021 Re -Estimated CY 2020 Actual CY 2019 338 360 $ 14,964,300 $ 9,500,174 $ 9,540,746 357 361 362 386 $ 14,964,300 $ 9,500,174 $ 9,540,746 387 388 $ 12,803,673 $ 16,377,973 $ 14,518,936 389 $ 27,767,973 $ 25,878,147 $ 24,059,682 Page 107 of 265 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 12/7/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 12.07.2020 Backup Material SUBJECT: Bonds. Page 108 of 265 BONDS FOR COUNCIL APPROVAL December 7, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 3469088 DONALD PAPENHEIM WATERLOO, IA 95-CA-S044-9 DUSTIN HEMINOVER CLOVERDALE, IA 95 CA S035 1 KEVIN UBBEN WATERLOO, IA 55-220694 UTILITY SERVICE CONTRACTORS, INC. HIAWATHA, IA Page 109 of 265 CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate a 1,050 square foot section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street and rescinding Ordinance No. 4850. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ Staff Report Backup Material D Overview Map Cover Memo D Aerial Map Backup Material D Vacate Area Backup Material D Pictures Backup Material D Application Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate a 1,050 square foot section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street, and rescinding Ordinance No. 4850. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Request by the City of Waterloo to vacate a 3.5' X 300' (1,050 SF) section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on November 10, 2020. None N/A City owned right-of-way Page 110 of 265 Background Information: Legal Descriptions: The applicant is requesting to vacate a portion of City owned right-of-way that is no longer needed for any public purposes. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The Grout Museum is located adjacent to the vacate area. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area of the proposed site is zoned "C-2" Commercial District and has been zoned as such since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Highway 218 and Commercial Development, zoned "C-3" Central Business District. South — Residential Development, zoned "R-4" Multiple Residence District. East — Commercial Development, zoned "C-2" Commercial District. West — Washington Park and Commercial Development, Zoned "C-2" Commercial District. The applicant is requesting to vacate a 3.5' X 300' (1050 SF) section of City owned right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street. The 3.5' X 300' section of City right-of-way was vacated on December 4, 2006 as part of Ordinance 4850. There was an error in the legal description. Therefor Ordinance 4850 will need to be rescinded and be replaced by the 3.5' X 300' section of City right-of-way that is being vacated as part of this request. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on November 10, 2020 Therefore, staff recommends that the request by the City of Waterloo to vacate a 3.5' X 300' (1050 SF) section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. This vacate request will fix an incorrect legal description. Right-of-way Vacation Description: The northwesterly 3.5 feet of the southeasterly 13.5 feet of West Park Avenue, lying northeasterly of South Street and lying southwesterly of Washington Street, except the northeasterly 15 feet thereof, adjacent to Block 30, Original Plat of Waterloo on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. Page 111 of 265 December 7, 2020 REQUEST: APPLICANT: Request by the City of Waterloo to vacate a platted 3.5' X 300' (1,050 SF) section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to vacate a platted 3.5' X 300' (1,050 DESCRIPTION: SF) portion of public right of way of Park Avenue. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use. The Grout Museum is SURROUNDING located adjacent to the vacate area. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The lot has TRAFFIC already been developed. CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The 218 Trail is located just to the north of Washington Street. ZONING HISTORY The area of the proposed site is zoned "C-2" Commercial District FOR SITE AND and has been zoned as such since the adoption of the zoning IMMEDIATE VICINITY: ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Highway 218 and Commercial Development, zoned "C-3" Central Business District. South — Residential Development, zoned "R-4" Multiple Residence District. East — Commercial Development, zoned "C-2" Commercial District. West — Washington Park and Commercial Development, Zoned "C- 2" Commercial District. DEVELOPMENT The Grout Museum on the site was built in 1954 with additions in HISTORY: 1991, and 2007. BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the City right-of-way will not have an effect on drainage. FLOODPLAIN: No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. PUBLIC /OPEN The nearest open space is Washington Park which is adjacent to Vacate Easement at north of 505 South Street PScgr 1 of 265 December 7, 2020 SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Park Avenue. Irving Elementary School is located 2,000 feet to the southwest, Hoover Middle School is located 1.5 miles to the southwest, and East High school is located 0.8 miles to the northeast. There are no known utilities located in the City right-of-way to be vacated and no utilities will be impacted by this project. There is a 15" sanitary sewer main underneath Park Avenue. There is a 4" drain tile and 12" storm sewer underneath South Street. In addition there is a 6" water line along the northern side of South Street. There is also a 48" storm sewer and 24" sanitary sewer main underneath Washington Street. In addition there is a 12" water main along the southern side of Washington Street. The Future Land Use Map designates the property as Commercial. The applicant is requesting to vacate a platted 3.5' X 300' (1050 SF) section of City owned right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street. The 3.5' X 300' section of City right-of-way was vacated on December 4, 2006 as part of Ordinance 4850. There was an error in the legal description. Therefor Ordinance 4850 will need to be rescinded and be replaced by the 3.5' X 300' section of City right-of-way that is being vacated as part of this request. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on November 10, 2020. There is no platting required for this request. Therefore, staff recommends that the request by the City of Waterloo to vacate a platted 3.5' X 300' (1050 SF) section of City right-of-way along Park Avenue in between Washington Street and South Street, located north of 505 South Street be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. This vacate request will fix an incorrect legal description. Vacate Easement at north of 505 South Street pSge II of 265 City of Waterloo City Council December 7, 2020 M-2 'c L cc` s AVE w COMMERC/AL-ST M-2, P al \ W, WASHINGTON ST ---\ M-1 UNIVERS/Ty.AVE 'I(A 1 ) LLAN DAV 1 R-2 N-ccoLu z I1 E , SERGEP QCJ Q y -W WELLINGTON ST-Y—n ---- / O° 1R 3 ° < �� `Ay C_Z R-3 M-1 -2 C2 SHERWOOD CT R-2 12151 KIMBALL-A C-2\1 218 3, °o J ' 69 47 ���� -Pc9� PsT J�. F,Q�° is'], sP C-1,C= ° 0 ` R-4 'Zc`<r� 0 C`- R-4 — BERTCH AVE I FOREST I AVE ✓ \C"1 R-4�C-Z -.1 • I PLEASANT ST R 1, I 4:Pil WILLISTONAVE-R-2 c:z R-2 , C-Z _ I R-2 R-3 ` •;\1 R-3 C-P <#‘411 J \.PC-2 /,G< ,P "P`r>• •PQ�P �\ / Q 5 b, ��Co A-1• -1,C-Z R=3;C-Z cP\ ZI —JOHNSo3, s>, -4, '" C-2 R-4 218 • 4 0 Ci GRANT-AVE—g—p R-3 I = z N-LEAVITTST—i M-\ LIME ST-1 R-31 VINE S 44=7 R-3, R-P R13 R-3 C-2 M-1 1_ BERTCH AVE ") 0. J 0 N N FOREST AVE R R-3 0 LU 0 HAWTHORNE AVE • Park Avenue Vacate City of Waterloo Page 114 of 265 1 City of Waterloo City Council December 7, 2020 Park Avenue Right of Way to be vacated Park Avenue From Washington to South Vacate Request City of Waterloo Page 115 of 265 wN s 7T9iiii41��// 1..Vnir-� 50 25 0 50 °'terioo �o Feet Exhibit "A ": West Park Avenue Right -of -Way Vacation for Grout Museum WASHINGTON ST. / US HWY. 218 Platted 80' public right-of-way En co /- TLD. Bk. 406, Pg. a) -o c a) a West of the Cedar River right-of-way line rn 0 01) 0_ 6i u7 CO U (a O 0) Vacated West Park Ave 10' WEST PARK AVE. Platted 100' public right-of-way Platted southwesterly / right-of-way line 10' / 10' / 3.5' TLD. Bk. 407, Pg. 231 �ot right-of-way line dot Block 30, Original Plat of Waterloo West of the Cedar River (otT) (ot 1-0 20' Alley (vacated) SOUTH ST. Platted 80' public right-of-way 0 20 40 Scale: 1" = 40' Right-of-way Vacation Description: The northwesterly 3.5 feet of the southeasterly 13.5 feet of West Park Avenue, lying northeasterly of South Street and lying southwesterly of Washington Street, except the northeasterly 15 feet thereof, adjacent to Block 30, Original Plat of Waterloo on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. Page 116 of 265 Park Avenue —Vacate Looking east along vacate area. Looking west along the vacate area. Page 117 of 265 Applicant: Email: C 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 ❑ Sale of City -Owned Property P t0 / 1-N c 4 oV Address: -345 Mtt[be 5 , Phone No.: 3 iq- a9i-it General Description of Property to acated (ire.- alley between A St. & B St., South of C St.): V, c rcce QQ� l .t 1?e _Z d P v C- D �r 5-0 r5t b v_+-tktr �f-5R +r01. Sf E €, 5o k l S-1-1 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): • 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 p` an an or aerial photo of the area to be vacated if the request involves additio 1- m i ction as the r ason= or the request. /4.1:? 26 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 118 of 265 CITY OF WATERLOO Council Communication Request by Mark Evert/Evert Homes, LLC, to rezone 0.365 acres from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District with conditions, to construct a five unit condominium located at 146 Martin Road. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ Council Letter Attachments Cover Memo ❑ Zoning Conditions Cover Memo SUBJECT: Submitted by: Recommended Action: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of certain property from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District with conditions, located at 146 Martin Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval with the condition that all owners, on behalf of themselves, other occupants of the property, and their guests and invitees, by acceptance and delivery of a deed to a unit, assume all risks associated with errant golf balls or other golf equipment and the negligent acts or omissions of any person using the adjacent Iry Warren Memorial Golf Course, and all owners, on behalf of themselves, other occupants of the property, and their guests and invitees, agree to hold harmless, to waive any claims against, and to not institute any action in any forum whatsoever against the City of Waterloo, Iry Warren Memorial Golf Course, Waterloo Leisure Services, or the elected officials, officers, employees, agents, heirs, personal representatives, successors or assigns of any of them, or against any golfer who caused the property damage or personal injury, arising or resulting from any errant golf balls or other golf equipment of the negligent acts or omissions of any person using the said golf course. The property shall be subject to a horizontal property regime which shall contain the above provisions as irrevocable and unamendable without the approval of the City Council of the City of Waterloo. Page 119 of 265 Summary Statement: Transmitted is a request of Mark Evert/Evert Homes, LLC to rezone 0.365 acres, from "R-1" One and Two Family Residence to "R-3,R-P" Planned Multiple Residence District with conditions, to construct a five unit condominium, located at 146 Martin Road. Attached to this transmittal is a staff report that details the request, maps, site plan and floor plan, application, photographs, an opposition letter, and a signed conditions sheet. One letter of opposition, which is attached, has been turned in, noting concerns of setting precedence for similar development in the area, not fitting in with the characteristics of the surrounding neighborhood and increased traffic and traffic safety. There was also another nearby property owner at the Planning and Zoning Commission meeting that had questions over the project, noting concerns for traffic and parking issues, and concerns on an existing overloaded sewer lift station to the west. The Leisure Services Commission has endorsed the project and a condition of that approval is getting an Indemnity Agreement signed between the Commission and the applicant. Also, the Planning and Zoning Commission unanimously recommended approval of the request at their meeting on November 10, 2020. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Background Information: Legal Descriptions: The duplex on the property was built in 1957 has been vacant for several years and is in poor shape and redevelopment of the site would have a positive impact on the area. That part of the South Half of the Northwest Quarter (S 1/2 NW 1/4) of Section No. 34, Township[ No 89 North, Range No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the intersection of the West line of parcel described in Quit Claim Deed dated 07/17/2020 recorded in File 2021-2052 in the Black Hawk County Recorder's Office and the North line of Martin Road; thence along the West line of said File 2021-2052 North 00°09'/z East a distance of 186.85 feet to the Northwest corner of said File 2021-2052; thence along the North line of said File 2021-2052 South 88°57%' East a distance of 60.0 feet to the Northeast corner of said File 2021-2052; thence South 89°04' East a distance of 25.0 feet; thence South 00°091/21 West a distance of 186.9 feet to the North line of said Martin Road; thence along the North line of said Martin Road North 89°04' West a distance of 19.9 feet; thence along the North line of said Martin Road North 88°571/z West a distance of 65.1 feet to the point of beginning. Contains 15,885 sq. ft. Page 120 of 265 November 10, 2020 REQUEST: APPLICANT: OWNER: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: Request by Mark Evert/Evert Homes, LLC to rezone 0.365 acres of land from "R-1" One and Two Family Residence District to "R-3,R- P" Planned Multiple Residence District, located at 146 Martin Road. Mark Evert, PO Box 83, Cedar Falls, IA 50613 Jay Bullerman, 100 Martin Road, Waterloo, IA 50701 The applicant is requesting to rezone the property to a Planned Residence District to construct a five unit condominium that would be located at 146 Martin Road. The rezoning request would not appear to have a negative impact upon the surrounding neighborhood. The Zoning Ordinance requires that there be a total of two parking spaces per dwelling, in which a maximum of 50 percent of the spaces required may be represented by garage spaces. Each dwelling shows a tuck -under two stall garage, however, there are no areas outside the dwellings being delineated for outside parking. There are some concerns with there being no outside parking and if an area is used not designated for parking, it could disrupt the orderly flow of traffic on the property. However, the "R-P" designation does allow flexibility of bulk requirements, including parking regulations The property is served by Martin Road from the east and west and is classified as Local Street. West 4th Street is 600' to the east and Ansborough Avenue is 1,100' to the west and both area Minor Arterial roads. Martin Road is about 25' in width with a 30 mile per hour speed limit and there is no parking on either side of the street in the 100 block according to Ordinance 3277 that was approved on May 16, 1983. The Complete Streets Policy is designed to incorporate the simple and basic concept that streets and roadways should be designed, constructed and operated to be safe and accessible for all transportation users whether they are pedestrians, bicyclists, transit riders, vehicular motorists and trucks. Complete Streets are designed to improve mobility and connectivity, improve health, increase safety, enhance neighborhoods, businesses, institutions, and advance the quality of life for all citizens and visitors. There is no public sidewalk or recreational trails located adjacent to or within the nearby vicinity and redevelopment of the site could be a trigger to require sidewalk on the frontage of the newly redeveloped area. The Complete Streets Advisory Committee reviewed the request and did not recommend requiring sidewalk as there are considerable grade issues that would limit the ability of constructing a sidewalk on the north side of Martin Road. Leisure Services also expressed concerns with the sidewalk along the golf course in this area. It was determined that if sidewalk were constructed it should be on the south side of Martin Road. 146 Martin Rd R1 to R3RP pSge 1 2f14 of 265 November 10, 2020 ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The area in question is zoned "R-1" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance in February of 1969. Surrounding land uses and their zoning are as follows: North — Iry Warren Memorial Golf Course, zoned "R-1" One and Two Family Residence District. South — Single-family residences, zoned "R-1" One and Two Family Residence District. East — One single-family dwelling and Iry Warren Memorial Golf Course, zoned "R-1" One and Two Family Residence District. West — Iry Warren Memorial Golf Course, zoned "R-1" One and Two Family Residence District. The area is comprised of mostly single-family housing that was built in the 1940s to the early 1950s and open space (golf course). All open parking areas containing four or more spaces shall be effectively screened as defined by the Zoning Ordinance on each side adjoining a residential district. The developer is in the process of creating a landscaping plan and it is recommended that landscaping is placed on the east side of the driveway to help lessen its impact on the house next door. The house next door is owned by the same owner of the property in question. The rezoning request would not appear to have a negative impact upon drainage in the area. This the condominium development would be required to submit a storm water detention plan when applying for a building permit. The property is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. Kingsley Elementary School is a '/2 mile to the northeast and Iry Warren Memorial Golf Course and Byrnes Park abut the property. An 8" sanitary sewer is in Martin Road, but there is no storm sewer located within the right-of-way. The Future Land Use Map designates this area as Parks, Open Spaces, Schools, Airport, Government Facilities and Public Area, and the rezone would not be in conformance with this designation and it may be necessary to amend the Future Land Use Map to reflect the residential land use in the future. The Future Land Use Map is used as a guide for Land Use Planning and since there is a duplex on the property, it would not appear to negatively impact the area. 146 Martin Rd R1 to R3RP PScgr2 of 265 November 10, 2020 STAFF ANALYSIS — The "R-P" District is intended and designed to provide for the ZONING development of tracts of land on a unit basis, allowing greater ORDINANCE: flexibility and diversification of land uses and building locations. The applicant wishes to rezone the property to "R-3,R-P" Planned Residence District to develop a five unit condominium. A site plan, floor plans and elevations have been submitted and they are also requesting approval of the site plan with this rezoning application. The "R-P" District requires an area of not less than two acres to develop a tract of land, however, this property is only 0.365 acres, 1.635 acres below the minimum required. The property is surrounded by the golf course on two sides and a single-family house to the east, which restricts the ability to have a two acre tract. However, the benefit to the "R-P" District is the need for a site plan to be reviewed by the Commission and City Council and having the site plan gives the opportunity to scrutinize the development and ensure it is well designed, compatible and in congruence with the surrounding area. Since this is less than two acres of land, the Board of Adjustment will need to review and approve a variance to this statute. The site plan shows a storm water detention facility on the southwest part of the lot fronting up to Martin Road with the building located north of that. A 20' driveway is shown accessing the units and this would allow for the orderly flow of ingress and egress traffic, but if vehicles were parked there, it could hinder the flow of traffic, which could be an issue since there is no on -street parking allowed in this block. The building has setbacks of 55.8' from the front property line, 10' from the rear and 11' from the west property line. There will be decks on the west side of the building pointing towards the green on the golf course and the edge of those decks will be 1' from the property line and the "R-P" does allow for reduced setbacks if it is deemed to be compatible and not impacting the area in a negative way. The decks will be approximately 30' from the nearby green. The new building has asphalt shingles, vinyl siding on the north, south and east sides and cement board on the west side of the building. The applicant indicated that the cement board is more durable and should not break if hit by a golf ball. The side elevation facing north towards the golf course has one window and no windows on the south elevation facing Martin Road and staff would recommend that additional windows be added to these walls to break up the monotonous appearance. The floorplan on the upper level on the south end of the building shows the living room and one bedroom and it should be looked in adding some more windows in these rooms, along with the bedroom on the north side of the building. Windows could also be added in the garages and recreation rooms on both ends of the building. Having these additional windows would be consistent with housing nearby that 146 Martin Rd R1 to R3RP Pscge i2, of 265 November 10, 2020 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: have a large amount of windows and having monotonous walls would not be in character with the neighborhood. The duplex on the property was built in 1957 has been vacant for several years and is in poor shape and redevelopment of the site would have a positive impact on the area. One letter of opposition has been turned in, noting concerns of setting precedence for similar development in the area, not fitting in with the characteristics of the surrounding neighborhood and increased traffic and traffic safety. The Leisure Services Commission has endorsed the project and a condition of that approval is getting an Indemnity Agreement signed between the Commission and the applicant. There is no platting requested with this item. Therefore, staff recommends that the request to rezone 0.36 acres from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Residence District, located at 146 Martin Road, be approved for the following reasons: 1. The rezoning request would not appear to have a negative impact on the surrounding area, and the proposed residential zoning district would be consistent with residential development in the area. 2. The request would not appear to have a negative impact upon pedestrian or traffic conditions within the surrounding area. 3. The new development would remove a duplex that is in poor condition and have a positive impact on the area. 4. The area is served by all necessary utilities and this is a good infill development project. With the following condition(s): 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc. 146 Martin Rd R1 to R3RP pSge 42f4, of 265 W11111111 IIII I= N I I 1 I �� 11111I I ;1Ci M IIIIIII 1111111111111llll 2 I Hill CAMPBEL ICI W RIDGEWAYAVE 1 IIII 1 CA �q• Q J W m _ U I =HILLTOP RD = a City of Waterloo Planning, Programming and Zoning Commission November 10, 2020 I�.l ■■■■� R=��eo NP 0 R-3, C Z C=P _R-4,C-Z A-1 C 0 CO ¢ --BYRNBRAE _ ry R-3 R�4, C-Z , REBER AVER AILwlllllll 1111111111�11111111 1111111 HI1�T 3 �� I I I I I I H I JII I I mil' w S-1 1 11 11 11 IIIIIIIII I I I I I I I I I 1= IIIIIIIII �II l W 3RD ST== WQR 211111111 � IIII 11 I III I Ilia63IT11 Q C=1 ��GII JY m nT h1111I1111111111r 1J 1111lllllllllQlllll� S E PARK W3RD:S �¢ II IIIIIII) BLVD �ow c� m �°�jllllllllflli it1=0111IIII 111111� z �� b I I 1 I I 1 1 1 1 I 1 I 1 1 1 f rmil I I 1 I I 1 IF HT Y � W KINGSLEYAVE CAMPBELLLAV4 DEVONSHIRE DR - R=1,R=PI R-3,R-P `'QESLEY- CI R PATRICK, CT R14 a DUMB KINGBA,QD ))�� eLVDJ_ R-1 LAVE UMW ARDEN ST 111lirc Z o_ =0- -- IVANHOE RD I l III MIDLOTHIAN BLVD R"4 C=Z 146 Martin Road Rezone from "R-i" to "R-3,R-P" Mark Evert/Evert Homes LLC Page 125 of 265 City of Waterloo Planning, Programming and Zoning Commission November 1o, 2020 6 Martin Road W _ E �41,1� ,� j Rezone from "R-1" to "R-3, R-P" tk____-"Tr2:1� Mark Evert/Evert Homes LLC Page 126 of 265 9i¢I 0 avo m )) my �sAg i•pie R i r� a RIl ammEm F w�!©� VICINITY MAP ' PARCEL w /�\ / / \ / ,/ \\ /• // / / / / / / PROPOSED __; OUTLET PIPE ---- -\ • • \ IRV WARREN MEMORIAL GOLF COURSE CITY OF WATERLOO SANITARY SEWER MANHOLE PROPOSED SANITARY SEWER SAN SAN SAN \ --- —� \`� 55.1' ` --- // PROPOSED // STORM WATER /' DETENTION / I PROPOSED ROOF i W ' \__— DRAIN TILE ---- /`=\ 55.8' * I VISITOR FAFKING-(2)_9'2(18' S 00°0%.'186.9' --------L __�� EXISTING 96/ 98------------ -- ?---‹ PROJECT #: 20-188 FILE NAME: 20-188.DWG SCALE: 1" = 20' DRAWN BY: JPH DATED DRAWN: 12-02-2020 THIS DOES NOT REPRESENT A PLAT OF SURVEY HELLAND ENGINEERING & SURVEYING, LTD. 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 (319)-266-0161 PROPERTY LINE --/ - `\ PROPOSED PAVEMENT (SHADED PORTION) / PROPOSED PROPERTY LINE BACK OF CURB PROPOSED PARCEL: 15,885 SQ. FT. DESCRIPTION OF PROPOSED PARCEL That part of the South Half of the Northwest Quarter (S 1/2 NW 1/4) of Section No. 34, Township[ No 89 North, Range No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the intersection of the West line of parcel described in Quit Claim Deed dated 07/17/2020 recorded in File 2021-2052 in the Black Hawk County Recorder's Office and the North line of Martin Road; thence along the West line of said File 2021-2052 North 00°09'/2 East a distance of 186.85 feet to the Northwest corner of said File 2021-2052; thence along the North line of said File 2021-2052 South 88°57% East a distance of 60.0 feet to the Northeast corner of said File 2021-2052; thence South 89°04' East a distance of 25.0 feet; thence South 00°09'/2 West a distance of 186.9 feet to the North line of said Martin Road; thence along the North line of said Martin Road North 89°04' West a distance of 19.9 feet; thence along the North line of said Martin Road North 88°57'/2 West a distance of 65.1 feet to the point of beginning. Contains 15,885 sq. ft. EXISTING BUILDING (TO BE REMOVED) 0 • PROPOSED SITE PLAN -REZONE "R-1 TO R-3, R-P" "146 MARTIN ROAD CONDOS 146 MARTIN ROAD WATERLOO, BLACK HAWK COUNTY, IOWA DECEMBER 2020 PROPOSED ROOF DRAIN TILE PROPOSED 2nd STORY DECK (TYPICAL) GARAGE 0) 00 00 ° m 9T— IV co 00 Oc) m 10' 20' 40' SCALE: 1" = 20' IRV WARREN MEMORIAL GOLF COURSE CITY OF WATERLOO EXISTING CONDITIONS: IMPERVIOUS AREA: 04,175 SQ. FT. PERVIOUS AREA: 11,710 SQ. FT. C = 0.47 PROPOSED CONDITIONS: IMPERVIOUS AREA: 10,205 SQ. FT. PERVIOUS AREA: 05,680 SQ. FT. C = 0.72 DECIDUOUS TREE w/SIZE TREES IN PROPOSED BUILDING SITE AND PROPOSED PAVEMENT TO BE REMOVED Page 127 of 265 24'-0" I[ Mak 24` 0. €[ k3Y•,. 24'-0" 24'-0' 121'-1" 0 0 0 11 D U 24'Q' 0, 3'B 0 24'-0" 1Ly:. 24•-0" 121'-1" D 24.4Y' BUILD SELECT 2120 Main Street Cedar Falls, IA 319-266-2668 CUSTOMER: START DATE: 06.22-2020 REVISIONS: 06-25-2020 07-08.2020 07-€5-2020 DRAWING TYPE FRONT & REAR rv�iwnaa.xna ms7! �s� �rm.�afl errae.nwr=xisra. DRAWN BY: Janean Page 128 of 265 LEFT ELEVATION 4 f-O• 2'-0"j 6-0' RIGHT ELEVATION 1 BUILDERS SELECT le.viny Ce,h, Ih,ky 2120 Main Street Cedar Falls, IA 319-266-2668 CUSTOMER: EVERT - 5 PLEX START DATE: 06-22-2020 REVISIONS: 06-25-2020 07-08-2020 07-15-2020 DRAWING TYPE LEFT & RIGHT VIEW uY. 1.1.[G.111 uroartra<as ..,,m "0HV modVEE uo-.01.6 nrr wx� wR�s %e'� xssaA rio PER ccir�erwu DRAWN 8Y: Janean Page 129 of 265 4 ro UNIT #1 BUILDERS CUSTOMER: DATE; 06-23-2020 Ob 2$ 2020 OS 2020 DRAWING TYPE MAIN LEVEL THESEPLANSORISE INTENa0EMER WHO ARE E CM:.1 BY MDEs H E w PACQAAE4 S.n1o.EONSI ,Hwo �C° s ucn°a E„wowm. ""�" °`""°ar"�""'� RI, E ,SPEcERc.�B'�cwN MYWMTHH MY WFRRAW116 SELECT 2120 Main Street Ceder Falls, IA 319 266 2668 ervingthe Ce(3tWey with Quality Bw�ding Hrater;3Ls' E\/ERT 5 pLEx07 07-15-2020 SQ. FT: 1104 PER UNIT HOiEla1311DMOa H9 eNANew[SHMES H° E3GQ+19EW,YE°NAN1ECI1ONBFREE€01 FOR wweo xcau,xa A,... neu� �. DRAWN BY:Janean UNIT #2 UNIT #3 121'-1" UNIT #4 UNIT #5 24'-0" 8'-0" I 11'-6" 8'-0" x 5'-0" DECK L 23'-1" VING ROOM 1' BEDROOM it 1 4 c-e 11'-1" EATING HEN 11'-7'/2' O a 8-3%" BATH 8'-0" 3'-0% CK Wit v 4'-6" CLOSEr BEDROOM t2 11'-8'/" 7'-4'. _ J -1 s-0" x 6-0" 5'-0' x 5'-0" 8'-8" 24'-0" 16-7'/2' VA" 12'-91/" 8'-0" x 5'-0" LIVING ROOM 2'- BE ]ROOM #1 4 1 I'-1" 5' 24'-0" 8'-8" 11'-6" 9'-0" DECK 1' 6'-0" 15'-7 /2' 3,/" 12'-9'/," 1 1'-1" 24'-0" 8'-0" x 5'-0" - 1 \ L VING ROOM ['OWN BEDROOM #1 5'-0'' x 5'-0" 8'-8" 24'-0" 3V," 23'-1" DECK 6 a' 12 -9'/.' 24'-0" 8' 0 x 5'-0" 11'-6" 3Y." DECK t7 6'-0" EATING 0 BEDROOM # 2 5'-0" x 5'-0" 11'-8'/x" 2 15'-7/2' 23'-1" 12'-9'/W' r7 LI NG ROOM CO EATING HEN 24'-0" 11'-6" x 5'•0" 3'-4" 2'-8 3'-5" O & 8'-3'/." BATI- 8'-0" 3' 0`/a" 4'-6" cK W1e CLOSET BEDROOM #2 5'-0" x 5'-0" 5'4Y' x 5'-0" 8' 8" 1 15'-71/" 8'-8" 11'-8 /" 2-0' LIVING ROOM DO 9'-0" DECK f 4'-6" 6' 0" EATING HEN 1 1 `-7W" 3 eo WALK- BATH BEDROOM #1 11'-1" 8'-3'/2' BATI- 8'-0" -a ` 4'-6' CLOSET BEDROOM #2 11'-6/2' 2-0'G 5'-0" x 5'-0" 5'-0" x 5'-0' 24'-0" 7' 11 " w 121'-1" 9' LIVING LEVEL WALL HEIGHT Page 130 of 265 BUILDERS CUSTOMER: `' Y�� �' S P L. E%� DATE: 06-23-2020 a6 25 2a20 07-02020fE 07-15-2020 DRAWING TYPE LOWER LEVEL SQ. FT: 430 FINISHED � 8 BY °Q ARE ATE° ELE IIONSTE STANCLAROL m IroEr LOCH CDSNGPQAC1ICE ATE Nib McH CODES NKS PRACTICES. gSPECOI;N"D o ESP by WAAEA'EDPS HERON ERO OF5 HARM OR FOR �E-MEM J STl Uc'OVS M MEINOR a TIusEr uu. SELECT 2120 Math Street Cedar Falls, IA 3 E 9-266-2668 'Serving the Cedar We), with am*ii i/ding Materials' PER UNIT DRAWN BY: Janean UNIT #1 UNIT #2 24'-U 4 Z I U 5'-a' x 4•-0" 5'-0" x 4'-0" 12'-0" RECREATION 2 CAR GARAGE 1 24'-0" DECK ABOVE 347 UTILITY 5'-0" x 4'-0" 5'-0" x 4'-0" RECREATION ROOM 23'-1" 2 CAR GARAGE 24'-1Y' DECK ABOVE 3a UTILITY UNIT #3 121'-1" DECK ABOVE 9'-6" 5-0" x 4'-0" 5'-0" x 't3y„ RECREATION ROOM UTILITY kr 2 CAR GARAGE 18'-0" 24'-0" 24.-3'/,' UNIT #4 UNIT #5 24'-0 24'-0" 5'-0" x 4'-0" 5'-0" x 4' 0" RECREATION X DECK ABOVE 24'-3'/' 5'-0" x 4'-0" 5-0" x 4'-0" RECREATION 121'-1" 18'A" X 24'-0' DECK ABOVE 2'-1 1" 9' LOWER LEVEL WALL HEIGHT Page 131 of 265 John, Below is an excerpt from draft minutes of the October 13, 2020 Leisure Services Commission meeting. Paul MARTIN ROAD DEVELOPMENT PLAN The Planning Department has been working with Jeremey Bullerman on a development project which would involve demolishing a duplex and constructing new condominiums on Martin Road adjacent to Iry Warren Golf Course behind #7 green. Staff met with Mr. Bullerman on October 8, 2020 to address concern of stormwater management and liability issues related to the potential of new structures or occupants being struck by golf balls. Development plans were presented and reviewed. Bob Bamsey motioned that the Leisure Services Commission endorse the proposed development of condos along Martin Road subject to the resolution of the indemnity, drainage, liability and all other City related issues relating to the proposed request, second by Tom Powers Ayes: all Noyes: none 8:12am Bob Bamsey, Jeremy Bullerman, Marty Petersen, Noel Anderson left the meeting after discussion of this development plan. Page 132 of 265 October 23, 2020 101 Martin Road Waterloo, IA 50701 City Of Waterloo, Iowa Community Planning and Development 715 Mulberry Street Waterloo, IA 50703-5783 Attn: Tim Andera Ref: Rezoning of 146 Martin Road Dear Mr. Andera, I am unable to attend the meeting scheduled for November 10, 2020 regarding the rezoning of 146 Martin Road, Waterloo, Iowa from R-1 to R-3 R-P. I have lived at 101 Martin Road for 40 years, and have always enjoyed the peacefulness and beauty of the neighborhood. My late husband and I have put much money and effort into the upkeep of our home and surrounding property. I am opposed to rezoning the above -referenced property for multiple living units because of the following: I'm afraid that once you allow the rezoning of one parcel, other parcels in our neighborhood could follow suit. Homes could be bought, knocked down, and rebuilt into multi-plexes. A look at the current zoning map of Waterloo, shows that R-1 neighborhoods have become limited. The residential neighborhoods adjacent to Byrnes Park - primarily to the west and south - play an important role in the history and identity of Waterloo. Intentionally planned as residential to accommodate 1-2 family residences, the area is already surrounded by R-2 and R- 3 development. Allowing a higher -density development within the boundaries of this current R-1 zone, will set a precedent that will likely create challenges in the future, if Waterloo wishes to retain the integrity of the neighborhood. Inserting an "out -of -place" zoning variance in the middle of an R-1 zone further could threaten the integrity of the neighborhood near and around Byrnes Park - much of which includes architecture from an era referred to as "Waterloo's golden years", revealing a bygone time, one that is distinctly Waterloo. Regardless of the quality or design of this modern multi-plex, it would be out -of -place, based on the surrounding development, and an alternative location should be pursued. Page 133 of 265 Rezoning 146 Martin Road Page 2 In addition, increasing the number of cars pulling in and out of a driveway that is already located in a dangerous, somewhat blind spot, is concerning. I have already witnessed many near -misses, and one accident in that location. For what was probably intended as a quiet neighborhood street, Martin Road sees high levels of traffic, often moving at speeds higher that the posted limits, as people cut between Fourth Street and Ansborough. Increasing the density of that property will increase the activity from that driveway, and increase the safety risk. At the very least, a traffic study should be conducted to determine the signage and enforcement required to keep the area safe. Our quiet, calm, peaceful neighborhood would have more pedestrian and vehicle traffic. Since there are no sidewalks along Martin Road, this would also be an increased danger. The footprint of the proposed building would reduce the green -space along Martin Road. I sincerely hope we can preserve the quality and character of this beautiful neighborhood. Thank you for taking my concerns into consideration. Sincerely, Mary Wickstrom Page 134 of 265 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): f77t7-- 1/`.,91, " / yr 1 ,4 / ,off i->� - Address: /7 /7, gty . Phone: i,' - Z39 - ,-,1 iyi Fax: City: State: ,�� Zip: �p/vj Email: z r� z1„r b. Status of applicant: (a) Ow er0 (b) Other_ELECT ONE): If other explain: /4,'' pi / c. Property owner's name if different than above (please print): f /, j //. r ? Address: //'/' 04,--7 i� i2 ,( Phone: 3/4 -2_ 32_-/ /u Fax: City: !7%lr7/ State: /!a Zip: Sa o/ Email: ,T ti ? ,^,1 az//n "vim 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Jy� /77i,c 4 ‘,44 lam, ,4 /o,p b. Legal description of property to be rezoned: 5-et'- c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): l,97'/k'-�J d. Area of Proposed Zoning Boundary (Excluding Right of Way): /5, /i 5 o9_ - e. Current zoning: A' Requested zoning: ,Q- 3 f. Reason(s) for rezoning and proposed use(s) of property:.� g. Conditions (if any) agreed to: ;i /,g h. Other pertinent information (use reverse side if necessary): U�,¢�� 4-si�.v ;/t9/ Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The u +ersigned authorize City Zoning Officials to enter the property in , uestion -' - 1 to the request. Ati.J.11AI Si_ he .+ 1.0.111ARIF !o /9O,'et/9 20Q° Date Sigrtat �fO n-r Date Page 135 of 265 146 artin Road Rezone Existing duplex on site. Looking west along the golf course. Page 136 of 265 Looking at house to the east of the existing duplex. Looking west along Martin Road. Page 137 of 265 P�pared By: Aric A. Schroeder. City of Waterloo. 715 Mulberry Street. Waterloo. IA 50703 — (319) 291-4366 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned "R-1" One and Two Family Residence District and requested to be zoned "R-3,R-P" Planned Multiple Residence District, and also commonly known as 146 Martin Road, and legally described as: That part of the South Half of the Northwest Quarter (S 1/2 NW 1/4) of Section No. 34, Township[ No 89 North, Range No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the intersection of the West line of parcel described in Quit Claim Deed dated 07/17/2020 recorded in File 2021-2052 in the Black Hawk County Recorder's Office and the North line of Martin Road; thence along the West line of said File 2021-2052 North 00°09W East a distance of 186.85 feet to the Northwest corner of said File 2021-2052; thence along the North line of said File 2021-2052 South 88°573/4' East a distance of 60.0 feet to the Northeast corner of said File 2021-2052; thence South 89°04' East a distance of 25.0 feet; thence South 00°09'/z' West a distance of 186.9 feet to the North line of said Martin Road; thence along the North line of said Martin Road North 89°04' West a distance of 19.9 feet; thence along the North line of said Martin Road North 88°57%' West a distance of 65.1 feet to the point of beginning. Contains 15,885 sq. ft. HEREBY agree to the following conditions on the above -described property: 1. All owners, on behalf of themselves, other occupants of the property, and their guests and invitees, by acceptance and delivery of a deed to a unit, assume all risks associated with errant golf balls or other golf equipment and the negligent acts or omissions of any person using the adjacent Iry Warren Memorial Golf Course, and all owners, on behalf of themselves, other occupants of the property, and their guests and invitees, agree to hold harmless, to waive any claims against, and to not institute any action in any forum whatsoever against the City of Waterloo, Iry Warren Memorial Golf Course, Waterloo Leisure Services, or the elected officials, officers, employees, agents, heirs, personal representatives, successors or assigns of any of them, or against any golfer who caused the property damage or personal injury, arising or resulting from any errant golf balls or other golf equipment of the negligent acts or omissions of any person using the said golf course. The above described property shall be subject to a horizontal property regime which shall contain the above provisions as irrevocable and unamendable without the approval of the City Council of the City of Waterloo as outline below. NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its recommendation to the City Council who will review and approve the proposed change to the above -described property. These conditions have been placed on the above -described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the following conditions shall govern the entire property as described above, which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No. 5079 and the City of Waterloo Subdivision Ordinance No. 2997, however each subdivided part thereof shall be subject to the terms of these conditions, 2) that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. Page 1 of 2 Conditions of Zoning — 146 Martin Rd Page 138 of 265 Agreed to this Jere day of tachber, 2020 On this �5 day of Whig, , 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jeremy J. Bullerman, to me known to be the identical person(s) named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. MARIE L PRACHAR Commission Number 764828 My rf(12.i io x�rires Original Recorded Form to be returned to: Waterloo Planning and Zoning Department 715 Mulberry St, Waterloo IA 50703 JAnCht Notary Public in and Fo7fhc State of Iowa Page 2 of 2 Conditions of Zoning — 146 Martin Rd Page 139 of 265 CITY OF WATERLOO Council Communication Demolition Services, Contract No. RD-2020-12-01P, located at 115 Sumner Street. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description D RFB RACM Demo Contact # RD-2020-12-01P D 115 Sumner St Detailed Report D Bid Tab SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material Backup Material Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Community Planning and Development Director for review. Submitted By: Noel Anderson, Community Planning and Development Director Approval 115 Sumner Street was acquired by the City and is in very poor shape and is unsafe to test and abate for asbestos. It has a partially collapsed roof, and a wall that has collapsed and is falling into the adjacent alley that has been barricaded off. Therefore the structure must be demolished as RACM (regulated asbestos containing material). $120,000 (Estimate) Nuisance Abatement GO bonds Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 140 of 265 CITY OF WATERLOO, IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos -Containing Materials (RACM)] (RACM) Demolition Contract # RD-2020-12-01 P 115 Sumner Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Page 141 of 265 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 115 Sumner Street 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 December 3, 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-2020-12-01P, and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: Demolition and Site Clearance Services (RACM) Demolition Contract # RD-2020-12-01P — 115 Sumner Street 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: November 16, 2020 1 p.m. Tuesday November 24, 2020 Thursday December 3, 2020 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (RACM) DEMOLITION CONTRACT # RD-2020-12-01P 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-2020-12-01P: 115 Sumner Street Page 2of8 Page 142 of 265 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 December 3, 2020, 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-2020-12-02P: 115 Sumner Street Page 3 of 8 Page 143 of 265 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-01 P: 115 Sumner Street Page 4 of 8 Page 144 of 265 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". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for three (3) months, anticipated to be from the award of contract starting December 14, 2020 to March 14, 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; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-02P: 115 Sumner Street Page 5 of 8 Page 145 of 265 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 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: 115 Sumner Street 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-01 P: 115 Sumner Street Page 6 of 8 Page 146 of 265 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 removed in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-02P: 115 Sumner Street Page 7 of 8 Page 147 of 265 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-2020-12-01 P: 115 Sumner Street Page 8 of 8 Page 148 of 265 EXHIBIT "A" SIGNATURE PAGE 115 Sumner Street The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 115 Sumner Street $ 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 9 Page 149 of 265 EXHIBIT `B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE [removal of Regulated Asbestos Containing Materials (RACM)] 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. 10 Page 150 of 265 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 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. 11 Page 151 of 265 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 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 12 Page 152 of 265 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 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. 13 Page 153 of 265 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. 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; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. 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. 14 Page 154 of 265 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. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 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 15 Page 155 of 265 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 basementless 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. The City cannot provide verification regarding the area of the basement, but the Black Hawk County Assessor's detailed report indicates that 115 Sumner Street has a partial basement that is 1,500 square feet. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. 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. 16 Page 156 of 265 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 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, 17 Page 157 of 265 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 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. 18 Page 158 of 265 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. 2.07 UTILITY DISCONNECTIONS 19 Page 159 of 265 The Contractor shall be responsible for coordinating with utility companies for disconnection of services, including but not limited to electricity, natural gas, cable television, internet 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% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. 20 Page 160 of 265 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. 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 21 Page 161 of 265 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. 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. 22 Page 162 of 265 Exhibit "C" CONTRACT # RD-2020-11-01P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos Containing Materials (RACM)] 115 Sumner Street This Contract for Demolition and Site Clearance Services (with RACM) (the "Contract") is entered into as of December 14, 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 3 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 Page 163 of 265 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed 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; 2 Page 164 of 265 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. 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 venture 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. 3 Page 165 of 265 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 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 166 of 265 Black Hawk County Detailed Parcel Report Page 1 of 3 1 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-24-176-011 CITY OF WATERLOO CITY OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 PDF No. Map Area Contract Buyer 17 PDF 13 LAND WA-E Property Address Current Recorded Transfer 115 SUMNER ST WATERLOO, IA 50703 ate Drawn Date Filed Recorded Document Type 1/17/2019 1/28/2019 2019 011559 D SALES BUILDING PERMIT None I ate Number Amount Reason 8/18/2005 IWA 1667 6,690 Ext-Remodel ASSESSED VALUES/CREDITS Year lass 020 Values 100% Value Land Dwelling Building Total Acres 4,730 0 25,040 29,770 0 Taxable Land Value 0 Dwelling 0 Building 0 Total 0 ear Class 019 E 100% Value Land Dwelling Building Total Acres ,730 0 25,040 29,770 0 Taxable Value Land Dwelling Building otal 0 0 0 0 Year Class 2018 C ' alue Land Dwelling Building Total Acres ,730 0 25,040 29,770 0 axable Land Dwelling Building Total alue ,257 0 22,536 26,793 TAX INFORMATION ASSESSMENT YEAR 2019 PAYABLE 2020/2021 Tax District 940001 - WATERLOO 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 http://www2. co.black-hawk.ia.us/website/bhmap/bhRepDet. asp?apn=891324176011 Page 167 of 265 11 / 10/2020 Black Hawk County Detailed Parcel Report Page 2 of 3 ABBREVIATED LEGAL HAMMOND & HOPKINS ADDITION LOT 5 BLK 2 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Sq. Ft. W/Dimensions 60 60 140 140 0 8400 0.193 Totals: 8400 0.193 COMMERCIAL BUILDINGS AND ADDITIONS Type Description Year Built Area Stories Bars and Lounges B1-1S B FR 1912 3026 1 Additional Information Style Frame - Wood Base Square Feet 3,026 Basement Square Feet 1,500 GBA Square Feet 3026 Plumbing Item Quantity Toilet Room Z Sink -Kitchen 1 Adjustmen Item Quantity C - deduct 2992 Verticals & Horizontals Description Size Exterior Wall Vinyl - Frame 0: LF Interior Wall Panel - Softwood 0: LF Interior Wall Plaster on Lath 0: LF Wall Facing Incl. w / Walls 0: SF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Basement Excavation, Floor, Li 1500: SF Roof Asph. Shingle/ Wood Dk 3026: SF Ceiling Suspended Blk-Fiber 3026: SF/Story Struct. Floor 4" R'Concrete 3026: SF Struct. Floor Wd Deck on Wood 0: SF Floor Cover Asphalt Tile 3026: SF Partitions Retail Store(Small) 3026: P/Unit Framing Wood - Average 3026: SF HVAC Forced Hot Air 3026: SF Description Year Built Quantity Plot No. Extended Description Sign Poles (Wood and Steel) 1960 1 15 LF, 15' Steel, 0 Diameter Entry Status: Estimated http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324176011 Page 168 of 265 11 / 10/2020 Black Hawk County Detailed Parcel Report Page 3 of 3 89 B1-1S B FR [3026] 34 Date Website Last Updated: 11/06/2020 http://www2. co.black-hawk.ia.us/website/bhmap/bhRepDet. asp?apn=891324176011 Page 169 of 265 11 / 10/2020 Citij of Waterloo, Iowa III Page 170 of 265 115 Sumner St — RACM Demolition ct 27, 2020 at 1:34.31 PM Looking at the front of the building, and along the west wall, which is leaning out towards the public alley. Looking at the west wall of the building. Looking inside a broken out front window at a pile of debris, and the partially collapsed roof. Page 171 of 265 Demolition Services, Cont No. RD-2020-12-01 P 115 Sumner Street Bid Tab: December 3, 2020 Bidder SecBur ty Total Bid Amount Lansing Bros. Construction Co., Inc. Luxemburg, Iowa 5% $67,850 Earth Services & Abatement Des Moines, IA 5% $149,749 Page 172 of 265 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at 1644 Logan Avenue, to Debra Kay Hodges Harmon, in the amount of $5,000, and to approve a Development Agreement, to include a schedule of improvements and incentives for the rehabilitation of the house, refund of the purchase price of $5,000 and a rehabilitation grant of $5,000. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ 1644 DA Harmon Backup Material ❑ Exhibit B Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property located at 1644 Logan Avenue, to Debra Kay Hodges Harmon, in the amount of $5,000 and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement, to include a schedule of improvements and incentives for the rehabilitation of the house, refund of the purchase price of $5,000 and a rehabilitation grant of $5,000, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director Approval The City acquired the property at 1644 Logan Avenue through 657A as a deteriorating structure, and Ms. Harmon is entering into a Development Agreement to fix up the home. $5,000 reimbursement of purchase price and $5,000 incentive 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 The City works diligently to acquire dilapidated and blighted houses throughout the community to help strengthen our neighborhoods and Page 173 of 265 Background Information: Legal Descriptions: promote reinvestment. This house at 1644 Logan was in a deteriorating and abandoned state, and is hoghly vbisible from the renovated Highway 63 corridor through the Waterloo community. The City Council has previously seen interest from multiple parties for this location. Staff is recommending to move ahead with the attached Development Agreement with Ms. Harmon for the rehabilitation, attached to the Development Agreement as Exhibit B for the restoration of this house. The Development Agreement will have Ms. Harmon pay $5,000 for the lots the City owns, and upon successful completion of the rehabilitation, she is eligible to get the $5,000 reimbursed, and an additional $5,000 incentive. This is in accordance with the City's Infill Sale of Property Policy adopted in 2019 to encourage the redevelopment of City and private infill lots. As you may recall, the City has over 200 infill lots, and a lot costs the City about $1,200 per year for snow removal and lawn maintenance. The goal of the policy was to eliminate these ongoing costs for the City, gain new tax base through the rehabilitation of homes or construction of new homes, as well as gain new citizens, new revenues sources such as water, sewer, electric, garbage/recycling, storm water, etc. -- which helps draw additional commercial activity to neighborhoods through added customers, traffic, employment base, etc. Lots 17 and 18, Block 5, Logan Dale Heights, in the City of Waterloo, Black Hawk County, State of Iowa. Page 174 of 265 Description Kitchen Remodel Level floors Remove plaster and lath insulate exterior walls as necessary including ceilings Replace all windows Picture Frame spray foam all exterior windows Excess spray foam to be applied to north and western walls Picture Frame Install moisture and mold resistant sheet rock if necessary sand smooth finishes Prime and paint 2 coats latex finish Install cabinets for granite countertops and wall trim lowers and uppers Install laminate countertops Install laminate flooring or tile flooring. Bathroom Remodel Level floors Remove plaster and lath insulate exterior walls as necessary including ceilings Replace all windows Picture Frame Spray foam all exterior windows Install moisture and mold resistant sheet rock sand smooth finish Install handrail blocking around entire tub and toilet area 2x24 36 inches from floor Prime and paint 2 coats latex finish Install one shower pan Install tub Tile areas around shower and tub Install vanity cabinet for granite countertops and toilet Install bathroom fixtures and faucets Install laminate or tile flooring Page 175 of 265 Living Dining Bedroom Area Remodel Level floors Remove plaster and lath Insulate exterior walls as necessary including ceilings Replace all windows Picture Frame Spray foam all exterior windows Install sheet rock sand smooth finish in areas that cannot be patched including ceilings Prime and paint 2 coats latex finish Install laminate flooring Install and reframe doors as agreed upon. Including closet doors Install trim floor and windows Install laminate flooring Remove HVAC fixtures and paint refurbish Exterior Level porches Reframe and install new front and rear entry doors, Side door if applicable Remove plaster and lath insulate exterior walls as necessary including ceilings Prime and paint 2 coats latex finish Replace all windows Install laminate flooring Paint house body and trim Inspect and repair gutters Inspect and repair roof Page 176 of 265 Page 177 0 265 Living Room Page 178 of 265 Page 179 of 265 180 of 265 Page 181 of 265 182 of 265 Page 183 of 265 184 of 265 185 of 265 CITY OF WATERLOO Council Communication Resolution approving a Memorandum of Understanding with the Walnut Neighborhood Housing Coalition to promote development in the Walnut Neighborhood. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ MOU Backup Material SUBJECT: Submitted by: Resolution approving a Memorandum of Understanding with the Walnut Neighborhood Housing Coalition to promote development in the Walnut Neighborhood. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: The Walnut Neighborhood Housing Coalition has formed to promote and protect fair, decent, affordable, mixed -income, and historically preserved housing and residential development in the Walnut Neighborhood in Waterloo. The Coalition is agreeing to share responsibility for the achievement of adequate mixed -income housing, mixed -use neighborhood revitalization, and commercial development opportunities, and will work to jointly identify housing issues and concerns, and develop measurable strategies and actions to address identified issues and concerns. The City agrees to approach the Coalition about the acquisition, sale, and/or demolition of real estate within the Walnut Neighborhood prior to execution. The term of the agreement is for six years, but may be terminated earlier by either party with 90 day advance notice. This is the second Memorandum of Understanding with the Walnut Neighborhood. The previous memorandum was approved in January of 2017 and expired in January 2020. Expenditure Required: None. Source of Funds: N/A Policy Issue: Neighborhood redevelopment and stabilization. Alternative: Not approve the MOU. Page 186 of 265 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WATERLOO AND WALNUT NEIGHBORHOOD HOUSING COALITION THIS MEMORANDUM OF UNDERSTANDING is entered into this day of , 2020, by and between the City of Waterloo, ("City"), and Walnut Neighborhood Housing Coalition ("Coalition"). The City recognizes the Coalition has been formed to promote and protect fair, decent, affordable, mixed -income, and historically preserved housing and residential development in the Walnut Neighborhood in Waterloo, Iowa, said area being as shown in the attached Exhibit "A". The Coalition agrees to share a responsibility for the achievement of adequate, mixed -income housing, mixed -use neighborhood revitalization, and commercial development opportunities. The Coalition will, on an ongoing basis, jointly identify housing issues and concerns which need be addressed and develop measurable strategies and actions to address identified issues and concerns to the best of their abilities. Lastly, the Coalition will work collaboratively to identify and implement neighborhood design and quality of life improvements for the benefit of residents and businesses. The City agrees to approach the Coalition about the acquisition, sale, and/or demolition of real estate within the Walnut Neighborhood prior to execution while the Coalition remains actively in existence. This agreement shall be effective for a period of six years. This agreement may be terminated earlier if one party delivers to the other a ninety (90) day advance written notice of termination. In Witness Whereof, the Parties here have executed this Memorandum of Understanding on the day of , 2020. CITY OF WATERLOO 715 Mulberry Street Waterloo, Iowa Street 50703 WALNUT NEIGHBORHOOD HOUSING COALITION c/o Iowa Heartland Habitat for Humanity 803 W 5th Street, Waterloo, Iowa 50702 Mayor Quentin Hart Ali Parrish, IHHFH Coalition Representative ATTEST: Kelley Felchle City Clerk Laura Hoy, Link CCD Coalition Representative Page 187 of 265 CITY OF WATERLOO Council Communication Resolution approving an Access Agreement with Mark Russel, Mike Dolan, and MaryAnn Noland for entrance onto the former St. Mary's site for the salvaging of historic items such as statues, pews, etc., and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/7/2020 Prepared: 11/21/2020 ATTACHMENTS: Description Type ❑ Access Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Resolution approving an Access Agreement with Mark Russel, Mike Dolan, and MaryAnn Noland for entrance onto the former St. Mary's site for the salvaging of historic items such as statues, pews, etc., and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve resolution The City is preparing St.. Mary's for demolition, including asbestos testing and removal right now. This agreement would legally protect City while allowing the named citizens the right to go in and save some items. NA NA 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 is working to demolish the building and some citizens want the ability to take equipment onto site to remove some larger items. This approval will work to save some memories and artifacts from the former Catholic School, as well as help lower the landfill costs the City will have for demolition. NA Page 189 of 265 ACCESS AGREEMENT This Access Agreement (the "Agreement") is entered into as of , 2020, by and between the City of Waterloo, Iowa ("City"), Mark Russell, dlb/a Russell Construction ("Russell"), Mike Dolan Construction & Masonry, Inc. ("Dolan") and MaryAnn Noland ("Noland"). Russell, Dolan and Noland are "Contractors". WHEREAS, City has acquired ownership of real property at 2127 E. 4`1' Street, legally described as "All of Block 5, Gates Park Place, City of Waterloo, Iowa, except Lots 1, 20, 21 and 22" (the "Property"), on which is a former church and school, which the City has plans to demolish; and WHEREAS, Contractors desire or have been engaged to remove certain fixtures from the buildings before demolition, and City is willing to allow them access to the Property for this purpose, subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Contractors, their employees, volunteers and agents (collectively, "Authorized Persons"), the right to enter upon the Property to remove certain statues affixed to the building exterior, to remove pews from inside the church, and to remove other items as approved by City. Authorized Persons shall complete their work by a date that City specifies. Contractors shall supervise the work of Authorized Persons and shall exercise suitable safety precautions when performing the work. Contractors shall not leave the Property open to entry by unauthorized persons. 2. Authorized Persons enter upon the Property, and undertake their activities in and upon the Property, in the "AS IS" condition of the Property and at their sole risk. City shall have no liability for injury, loss or damage suffered by Authorized Persons or anyone else that arises from or in connection with the acts or omissions of Authorized Persons as contemplated by this Agreement. Contractors agree to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to attorneys' fees, arising out of the acts or omissions of Contractors or other Authorized Persons, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Contractors under this paragraph shall survive the expiration or termination of this Agreement. 3. The rights and duties of Contractors under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. Page 190 of 265 IN WITNESS WHEREOF, the parties hereto have executed this Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Mark Russell, dlb/a Russell Construction Attest: MIKE DOLAN CONCRETE & Kelley Felchle, City Clerk MASONRY, INC. By: , 1 U{a `" fle4Citt Mike Dolan, President Page 191 of 265 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to an agreement with Woodruff Construction LLC, of Waterloo, Iowa, for a net increase in the amount of $14,195, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvement Project, and authorizing the Mayor to execute said document. City Council Meeting: 12/7/2020 Prepared: 11/24/2020 ATTACHMENTS: Description Type ❑ Amendment Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving Amendment No. 1 to an agreement with Woodruff Construction LLC, of Waterloo, Iowa, for a net increase in the amount of $14,195, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvement Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval Replacement of the flashing and installation of new sheet metal to the lower fascia on both sides of the Commercial Street Skywalk. Page 192 of 265 maw 0 IA 4 =fir Proposal Request Document G709" - 2018 PROJECT; (name and address) 5 Sullivan Brothers Convention Center 2020 Skywalk Improvements, Waterloo, IA. OWNER: (name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORMATION: Contract For: General Construction Date: May 07, 2020 ARCHITECT: (name and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Architect's Project Number; 19-23770 Proposal Request Number: 001 Proposal Request Date: September 23, 2020 CONTRACTOR: (name and address) Woodniff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 The Owner requests an itemized proposal for changes to the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. The Contractor shall submit this proposal within Zero (0) days or notify the Architect in writing of the anticipated date of submission. (Insert a detailed description of the proposed modifications to the Contract Documents and, if applicable, attach or reference specific exhibits) *This is not a change order, change directive or directive to proceed with the work. Description of Proposed Modifications to Contract: I. At the skywalk between the parking ramp and the Best Western, please provide pricing to replace the flashing at the underside where damage has occurred on both sides of the skywalk. Please replace with prefinished metal flashing the entire length of the skywalk Attachments: None THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE, OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. REQUESTED BY THE ARCHITECT: Nathan Compton, Architect/Project Manager PRINTED NAME AND TITLE AIA Document G700— — 2018. Copyright 01993, 2001 and 2018 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 bo used without pnrnilssion. This document was produced by AIA software al 10119:51 ET on 09/23/2020 under Order No.8114132283 which expires on 07/1212021, Is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documental' Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA49) 1 Page 193 of 265 WOOORUFF CONSTRUCTION. LLC 60 :YEARS 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 November 17, 2020 RE: 5 Sullivan Brothers Convention CenterSkywalk Improvements SUBJ: Proposal Request 1#6 — Commercial St. Lower Fascia Sheet Metal Replacement To whom it may concern, The following is our pricing per Pricing Request #6 and enclosed clarifications: Cost Breakdown D&G Metal replacement (quote & scope attached) = $11,950.00 Traffic Control = $ 600.00 Markup (10%) = $ 1,255.00 Insurance/Bond = $ 390.00 Subtotal = $14,195.00 Our total price to perform the changed work is an ADD of $14,195.00. Sincerely, WOODRUFF CONSTRUCTION, LLC Will McAllister, Project Manager I ■■ Page 194 of 265 Phone: 319-233-1920 November 4, 2020 Woodruff Construction ATTN: Will 0& G Meta! Works, Inc. Quotation: Five Sullivan Brothers Skywalk Fax: 319-233-1927 We propose to furnish material and labor for fabrication and installation of Roof related Sheet Metal as specified below: General notes: 1. Quotation includes Skinning over the Existing Fascia with New Fascia on Both sides at the bottom edge of the Skywalk installation and materials. Based upon approximately 300' of Fascia to Replace. 2. Quotation includes Removing the Caulk at the Windows and Re -Caulking the New Fascia installation and materials. 3. Quotation excludes any other sheet metal work not listed above. 4. Quotation includes taxes. Total Price for above specified sheet metal: Base Bid: Respectfully Submitted By, Doug DuBois Manager/ Estimator D & G Metal Works 2524 Wagner Road Waterloo, IA 50703 Ph: (319)233-1920 Fax: (319) 233-1927 Eleven Thousand Nine Hundred Fifty Dollars. $11,950.00 *ACCEPTANCE: DATE: *Subject to standard D&G Metal Works, Inc terms and conditions of sale. TERMS: NET PAYMENT DUE UPON DELIVERY, NET30 WITH APPROVED CREDIT, OR PRE-ARRAIN0ED CONTRACT AGREEMENT HAS BEEN EXECUTED. INTEREST PENALTY OF 1-1/2% PER MONTH TO ACCRUE ON AU. LATE PAYMENTS, OR MAXIMUM ALLOWED BY LAW. THIS PROPOSAL 15 VALID FORA PERIOD OF 30 DAYS FROM TILE ABOVE DATE AND SHALL BE NULL AND VOID AFTER THAT TIME. 2624 WAGNER ROAD WATERLOO, IA 60703 ARCHITECTURAL SHEET METAL FABRICATION R. INSTALLATION Page 195 of 265 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with Robert Castro Construction, originally executed July 24, 2017, adding Infill Policy incentives, in the amount of $10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/7/2020 Prepared: 11/12/2020 ATTACHMENTS: Description Type ❑ Castro DA Amend Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Resolution approving an Amendment to the Development Agreement with Robert Castro Construction, originally executed July 24, 2017, adding Infill Policy incentives, in the amount of $10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve amendment The City approved the Infill Development Policy for infill incentives. This Development Agreement was approved in the same time frame and was inadvertently approved with the inclusion of the $5,000 refund and $5,000 Certificate of Occupancy provisions. $10,000 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 Mr. Castro has been a good partner for the City of Waterloo, building a new commercial building and is an active rehabilitation contractor for salvageable 657A houses. This project at 1606 Williston is a great rehab project for the neighborhood, City of Waterloo, and for the 657A program as a whole. The more homes we can save, the better for existing neighborhoods. The Development Agreement was approved in July 2017 and the original Infill 657A Policy was approved in February 2017 for the incentives inadvertently missed on this Development Agreement. NA Page 196 of 265 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2020 by and between Robert Castro Construction (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated as of July 24, 2017 (the "DA") concerning the development of property as described in the Agreement. The DA has been filed in the land records of Black Hawk County as Doc. No, 2018-13501. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sections 8 and 9 of the DA are stricken in their entirety, and the following new Sections 8 and 9 are substituted in their place: 8. Grant. As provided in the City's infiil housing policy, City will pay Company a grant of $5,000.00 after a certificate of occupancy is issued following Company's completion of rehabilitation of the Property as required by the Agreement. 9. Purchase Price Refund. Within thirty (30) days after a certificate of occupancy is issued following Company's completion of rehabilitation of the Property, City will refund $5,000.00 of the Purchase Price to Company. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Page 197 of 265 Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ROBERT CASTRO CONSTRUCTION, I N C By: By: -a,, 3 Qom. Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk President Page 198 of 265 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with A Thompson Contracting to allow fill and earth -moving activities in preparation of development of the site west of 3180 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ Parcel G Backup Material ❑ Early Access Agreement Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving an Early Access Agreement with A Thompson Contracting to allow fill and earth -moving activities in preparation of development of the site west of 3180 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve document Mr. Thompson is working to enter into a Development Agreement with City of Waterloo for construction on the site. Due to the time of year, he is requesting the ability to move fill onto site ahead of winter months. None NA 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: Mr. Thompson has been working with City staff on a design of new buildings, site layout, and lots available for him to build in Waterloo. These are lots to City obtained working with Criterion for the development of the former Control 0 Fax building and site. The City has previously sold a portion of the land acquired from that project for Koelker Excavating to build on the eastern lot created for a new 12,300 sq. ft. commercial building with an assessed value of $510,000. We are finalizing details of the Thompson project, but would anticipate it will take a little less than half of the land remaining. THIS PLAT REPRESENTS A SURVEY OF PARCEL "G" Page 199 of 265 Legal Descriptions: That part of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder, being in the Southeast Quarter (SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast comer of said Southeast Quarter, point being a found %2" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 1,141.8 feet; thence North 00°19' West a distance of 126.05 feet to the South line of said Parcel "E", also being the North right-of-way of West Airline Highway, point being a set %2" rebar with license #23212, also being the point of beginning; thence along said South line South 89°401/4' West a distance of 500.0 feet to the Southwest corner of said Parcel "E", point being a found %2" rebar with license #8033; thence along the West line of said Parcel "E" North 00°19' West a distance of 386.6 feet to the Northwest corner of said Parcel "E", point being a found '/2" rebar; thence along the North line of said Parcel "E", also being the South right-of-way line of Chicago, Central and Pacific Railroad South 88°28' East a distance of 500.25 feet to a set %2" rebar with license #23212; thence South 00°19' East a distance of 370.35 feet to the point of beginning. Containing 4.34 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description. THIS PLAT REPRESENTS A SURVEY OF REMAINDER Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder, being in the Southeast Quarter (SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, EXCEPT Parcel "G" as described above. Containing 1.72 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Parcel letter approved by County Auditor's Office Date of Survey: 11/07/2018 Page 200 of 265 Page 1 of 2 11111111111111 MI Ir 1111111111111111111111111111111111111111111111 INDEX LEGEND General Description: Surveyor Surveying Company/ Retum to: Survey Requested By: Proprietor Sec, 5-T89N-R13W, SE 114, Waterloo Kyle J. Helland Helland Engineering & Surveying, Ltd. 1107 Technology Parkway Cedar Falls, Iowa 50613-6955 319-266-0161 Noel Anderson/City of Waterloo City of Waterloo i Doc ID. 009453580002 Type GEN Recorded: 12/21/2018 at 09:36:15 AM Fee Amt: $12.00 Pape 1 of 2 Slack Hawk County Iowa SANDIE L. SMITH RECORDER F182019-00009618 S 114 CORNER SEC. 5-T89N-R13W FOUND NO. 4 REBAR IN P.C.C. PAVEMENT PER 344 MISC. 129 PARCEL A" PLAT OF SURVEY 297 MISC. 615 DATED 05/04/1990 SEE SHEET 2 FOR DESCRIPTIONS OF PARCEL "G" & "REMAINDER", LEGEND & LOCATION MAP (ASSUMED BEARING) MONUMENTS AT THE 1 CORNERS OF PARCEL "G" TO BE SET BY 01/31/2019 v G",z, rn — cry- G) N q1al .<1 1 1 1 1 SE CORNER SEC, 5-T89N-R13W FOUND NO.4 REBAR IN P.C.C. PAVEMENT PER 344 MISC. 129 THIS SURVEY MEETS/OR EXCEEDS CU L w 1 KYLE J. LL e HELLAND rrti ° 0 23212 ^ o ti N00°19'W -126.05- P.O.C. This Plat or S .ivi ion has b-en reviewed by (City/County). Signature of (C unty) Ordinance Administrator N00°19'W Date , FOUND NO. 4 REBAR w1YPC #8033 89°59'/' (90°00'00")h 386.6' FOUND NO.4 REBAR 88°09' (88°09'06")h SW1/4SE1/4 2.75± ACRES 00.0'§ SUBJECT TO ROUNDING ERRORS SE 1/4 SEC. 5-T89N-R13W WATERLOO PARCEL"G' P.O.B. PARCEL "G"I 4.34 ACRES PARCEL "E" PLAT OF SURVEY FILE2016-11511 DATED 12/23/2015 APPROXIMATE 1/4 1/4 LINE SE 1/4 SE 1/4 1.59± ACRES 0 iv cm � N 1 A 11...L { 11 51 S00°19'E 370.35' EXISTING 126.0' R.O.W. SOUTH LINE OF PARCEL "E" 90°01'05" (90 00 007h REMAINDER] 1.72 ACRES 91 °50140" (�",- (91 °50'54")h FOUND NO. 5 REBAR w(ALUMINUM CAP #19715 (S 01°0340" E 363.77')h S 00° 18'40" E 363.7' FOUND NO. 5 REBAR w/ALUMINUM CAP #19715 RENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 50613-6955 (319)-266-0161 Kyle Je L)cen Number 23212 My license renewal date is December 31, 2019. Au pages or sheets are covered by this seal except: LSHEETIOF2 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional LandSuyor underhe laws of the State of Iowa. ///V4e11--- (00)RECORDED AS SCALE: 1" =100' PROJECT #1$-243 DRAWN BY: JPH • SET NO. 4 REBAR OPCPLASTIC CAP (0=0 "UNPLATTED" (BEARINGS ARE ASSUMED) 0' 50' 100' 200' X 24" LONG w/ORANGE PLASTIC CAP #23212 FILE NAME: 18-243.DWG RANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF PART OF SE 1/4 SEC. 5-T89N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR File Nc t eF:tka fr im15@fik Page 2 of 2 (lia„.._HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 50613-6955 (319)-266-0161 THIS PLAT REPRESENTS A SURVEY OF PARCEL "G" That part of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder, being in the Southeast Quarter (SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found %" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 1,141.8 feet; thence North 00°19' West a distance of 126.05 feet to the South line of said Parcel "E", also being the North right-of-way of West Airline Highway, point being a set IA" rebar with license #23212, also being the point of beginning; thence along said South line South 89°40'/' West a distance of 500.0 feet to the Southwest corner of said Parcel "E", point being a found'/Z" rebar with license #8033; thence along the West line of said Parcel "E" North 00°19' West a distance of 386.6 feet to the Northwest corner of said Parcel "E", point being a found'/i' rebar; thence along the North line of said Parcel "E", also being the South right-of-way line of Chicago, Central and Pacific Railroad South 88°28' East a distance of 500.25 feet to a set IA" rebar with license #23212; thence South 00°19' East a distance of 370.35 feet to the point of beginning. Containing 4.34 acres, Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description. THIS PLAT REPRESENTS A SURVEY OF REMAINDER Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder, being in the Southeast Quarter (SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, EXCEPT Parcel "G" as described above. Containing 1.72 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Parcel letter approved by County Auditor's Office Date of Survey: 11/07/2018 CEDAR FALLS/ WATERLOO CORP. LIMIT LOCATION MAP WATERLOO MUNICIPAL AIRPORT-a Q 1 PARCEL "G" & REMAINERa 111111111MENU111111 UMW W AIRLINE NIGNWAY CA 0 (0.02a PER ORIGINAL GOVERNMENT SURVEY BY GEORGE W. JONES DATED 12/15/1846 (O.02b PER WPA NOTES (NO DATE) (0.0)c PER PLAT OF SURVEY 281 MISC. 806 FILED 08118/1988 (0.02d PER PLAT OF SURVEY 297 MISC. 615 DATED 05/04/1990 (0.09e PER PLAT OF SURVEY 344 MISC. 130 DATED 080/2001 (O.O2f PER PLAT OF SURVEY FEE SK #2006 17726 DATED 08/19/2005 (0.02g PER PLAT OF SURVEY FILE 2013-1824 DATED 07/26/2012 (0.02h PER PLAT OF SURVEY FILE 2016-11511 DATED 12/23/2015 fsi-IEET2oF2 • SET NO. 4 REAR X 24" LONG w'ORANGE PLASTIC CAP #23212 (00)RECORDED AS FILE NAME: 18-243.DWG SCALE: N/A PROJECT #18-243 DRAWN BY: JPH OPCPLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW) A PLAT OF SURVEY OF PART OF SE 1/4 SEC. 5-T89N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR File NGRISOF Wi l@RApk ' € EARLY ACCESS AGREEMENT This Access Agreement (the "Agreement") is entered into as of , 2020, by and between the City of Waterloo, Iowa ("City"), and Jon Thompson "Contractors". WHEREAS, City has acquired ownership of real property generally described as west of 3180 West Airline Highway located in the Easy Waterloo Unified Urban Renewal District and designated as parcel number 8913-05-476-010 on the Black Hawk County website; and WHEREAS, Contractors desire to enter into a Development Agreement with City for construction on said lot, but more immediately need to add fill to the site for future construction, in accordance with stormwater regulations and procedures for such, and City is willing to allow them access to the Property for this purpose, subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to surveying, grading and bringing fill dirt onto the property. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, engineering, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 203 of 265 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Jon Thompson for Thompson Construction Attest: Kelley Felchle, City Clerk 2 Page 204 of 265 CITY OF WATERLOO Council Communication Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with A and K Ventures, LLC, originally approved on October 22, 2012, amending the completion dates of the project located at 226 W. 13th Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description ❑ Original Development Agreement Assignment for DA (2012) Kent Orchard to A&K Ventures ❑ Signed Amendment to Development Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Type Backup Material Backup Material Backup Material Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with A and K Ventures, LLC, originally approved on October 22, 2012, amending the completion dates of the project located at 226 W. 13th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval of request The developer completed an addition to their project in 2018 that brought the property to the original minimum assessed value. The original building was completed in 2015 but did not meet the minimum assessed value noted in the agreement approved in 2012. None N/A Economic Development and Downtown Revitalization Anthony Bakers Addition Lot 10 Block 58 Page 205 of 265 Page 1 of 13 5 3REC FEE d o E FEE TRAN FEE REV FEE Preparer Illllllllllllllllll!GIIlIIIlllIIIIIIllhlII l III 1111111111 Doc ID. e: GEN Recorded: 11/24/2001413 atT10:55:27 AM Fee Amt: $67.00 Pape 1 of 13 61ack Hawk County Iowa JUDITH A MCCARTHY RECORDER Q Q Fi1e2O15-00008838 Information: Noel Anderson, 715 Mulberry, 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 f�ca(cr ZZ , 2012 by and between Kent Orchard (the "Company") and the City of Waterloo, Iowa (the "City"). Kent Orchard is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Rath Urban Renewal and Redevelopment Plan area in the 1400 block of Jefferson Street, and legally described 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 to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take File Number: 2015-0 §§6 %Pg61 'Page 2 of 13 DEVELOPMENT AGREEMENT Page 2 the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements by Company. After completion of demolition activities, Company shall construct on the Property an industrial building of not less than 2,880 square feet, and related improvements to the buildings and grounds (collectively, the "Improvements"). Company shall first demolish existing structures and remove all debris from the Property at its own cost and expense. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes, and demolition, debris disposal, and the Improvements shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of approximately $ 125,000. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain a building permit and complete demolition within six (6) months and substantially complete construction by December 31, 2016. If Company has not, in good faith, begun the construction of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the state period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. File Number: 2015-0¢t ,8§g7%PCI6g Page 3 of 13 DEVELOPMENT AGREEMENT Page 3 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company 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, Company'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 Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $ 125,000 (the "Minimum Actual Value"), through: File Number: 2015-0¢,3§§gW96§ Page 4 of 13 DEVELOPMENT AGREEMENT Page 4 either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. 8. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 7, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One 70% rebate Year Two 70% rebate Year Three 70% rebate Year Four 70% rebate Year Five 70% rebate Year Six 70% rebate Year Seven 70% rebate Year Eight 70% rebate Year Nine 70% rebate Year Ten 70% rebate for any taxable value over the January 1, 2012 value of $1.00 for the land only. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. File Number: 2015-0¢ 3§§9 ,P964 Page 5 of 13 DEVELOPMENT AGREEMENT Page 5 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 Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company 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 Company. 11. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, except that Company may, without the consent of City, assign its interest in the Property and this Agreement to a separate company under common ownership or control with Company if Company promptly notifies City in writing of such assignment and the assignee executes a document in form acceptable to City and suitable for recording in the public land records. The Community Planning and Development Director is hereby authorized to execute such document on behalf of the City. In any other situation, reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 12. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, File Number: 2015-0¢,8$0%P96§ Page 6 of 13 DEVELOPMENT AGREEMENT Page 6 City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 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, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Kent Orchard, 873 Belle Street, Waterloo, Iowa 50702, Attention: Kent Orchard. 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, (iil) 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 Company 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 File Number: 2015-0¢,8$1 %P96§ Page 7 of 13 DEVELOPMENT AGREEMENT Page 7 portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 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 Kent Orchard Ernest G. Clark, Mayor Attest. Suzy Schkres, City Clerk By: File Number: 2015-0 f11.14C.: $2%vg6' Page 8 of 13 DEVELOPMENT AGREEMENT Page 8 PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liab oral • uar. (tors hereunder is joint and several. rchard File Number: 2015-0 f11.14C.: $3 %vg6§ Page 9 of 13 EXHIBIT "A" Legal Description of Property Lots 10, in Block 58, Anthony Baker's Addition, to the Village (now City) of Waterloo, Black Hawk County, Iowa. File Number: 2015-0 f11.14C.: $4 qtivg6@ Page 10 of 13 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this LZn.0 day of 0 , 2012, by and among the CITY OF WATERLOO, IOWA ("City"), Kent Orchard ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Rath Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $125,000 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2016. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, File Number: 2015-00§1§®€1269 Page 11 of 13 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 2036. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA B By: rnest G. Clark, Mayor La/C-40 Suzy Scharff, City Clerk Kent Orchard By: File Number: 2015-00§1e®€1264 Page 12 of 13 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this Z% day of , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK *IA£ g. 0 tr. , DeAnne Kobliska COMMISSION NO. 763995 MY COMMISSIONrr�/ EXPIRES Subscribed and sworn to before me on (,/(/f. 30 , 2014 by Kent Orchard. pctc&micte Notary Public File Number: 2015-00¢03§1®€126g Page 13 of 13 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than One Hundred Twenty -Five Thousand Dollars ($125,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on /d - / , 2014 by iy; y�Q,%�d , Assessor for Black Hawk County, Iowa. iG('2 -/c . 1--- Notary Public DEBORAH L. BOECKMANN MY COMMISSION NO. 185788 MY COM jS ION pKPIRES File Number: 2015-00§1§®€126§ Page 1 of 3 o REC EFEE TRAN FEE REV FEE GF _ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIi1IIIIIIIitiIIHiiiiIiiii III IIIII IIII illl Recorded: 11/24/201402 atT10:54:37 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2015-00008837 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 �{a c e- 227 7-01 Zby and among the City of Waterloo, Iowa ("City") A A -at K V e► -V t4 n-e s ("Assignee"), and Kent Orchard ("Assignor"). RECITALS A. City and Assignor entered into a certain Development Agreement (the "Development Agreement") dated (jtaha., LZ , 2012, and approved by Resolution No. wl L -10 39, concerning the development and use of real property as described therein (the "Premises"). B. Assignor desires to convey the Premises to Assignee, and Section 11 of the Development Agreement permits Assignor to convey the Premises and assign his rights under the Development Agreement 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 "Company" under the Development Agreement, including but not limited to the covenants and obligations set forth in any agreement or instrument ancillary or collateral to the Development Agreement, which agreements include the Minimum Assessment Agreement between City and Assignor. Assignee agrees to use the Premises only as authorized by and in compliance with the Rath Urban Renewal and Redevelopment Plan, as amended. 2. Assignee represents and warrants to City that it is owned and/or controlled by Assignor. Assignor hereby assigns to Assignee all of Assignor's right, title and interest in and to the Development Agreement, including but not limited to all claim or right to tax rebates or other development incentives provided for therein. File Number: 2015-0 H9TWC169 Page 2 of,,? 3. City does hereby approve and consent to the transfer of ownership of the Premises from Assignor to Assignee and to Assignee's assumption of Assignor's responsibilities under the Development Agreement, subject to no term, condition, or covenant other than those set forth in this Agreement. Assignor is not released as personal guarantor under the Development Agreement. 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 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 WATERLO • . A AND K VENTURES B Noel Anderson, Community Planning & Development Director 2 Title: iieQ s; eikk - ent Orchard, Ass File Number: 2015-0¢,8N0%P96g Preparer Information- Christopher S. Wendiand, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234.5701 Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of by and between A and K Ventures LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Through assignment instrument recorded November 24, 2014 as Doc. No. 2015-8837, Company and City are parties to that certain Development Agreement dated October 22, 2012 and recorded November 24, 2014 as Doc. No. 2015-8838 (collectively, the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAX) pertaining to the Property, dated as of the same date as the original DA. B. The parties desire to further amend the DA and the MAA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Section 3 of the DA and Section 1 of the MAA are hereby amended to strike "December 31, 2016" therefrom and to substitute "December 31, 2018" in its place as the Project completion date. 2. Section 2 of the MAA is hereby stricken in its entirety, and the following new Section 2 is substituted in its place: 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on Page 221 of 265 December 31, 2037. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. Company further agrees that, during the term hereof, it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. 3. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA A AN P K-VENTURES LLC By: Quentin Hart, Mayor Attest: Kelly Felchle, City Clerk Kent Orc ard, -sident Page 222 of 265 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with Openwater Properties, LLP, for the construction of a single family home, located at 2100 Ansborough Avenue, with a minimum value of $150,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description u Agreement u Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Type Backup Material Backup Material Resolution approving a Development Agreement with Openwater Properties, LLP, for the construction of a single family home, located at 2100 Ansborough Avenue, with a minimum value of $150,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approve the resolution The City of Waterloo is looking to approve a Development Agreement with Open Water Properties, LLP, for the construction of a new home on a lot located at 2100 Ansborough Avenue. The developer has acquired the property and is building a single family home on the lot with a minimum value of $150,000. This agreement would also allow for the developer to receive a $5,000 grant from the city once the home receives the certificate of occupancy after construction. Surrounding homes were constructed in the 1940's and 1950's and the project would appear to meet the intent of the infill policy. $5,000 Bonds Infill Housing Not approve. The North One-half of Lot No. Five (5) except the West One Hundred Forty (140) feet thereof, in "Park View Gardens" in Waterloo, Iowa. Page 223 of 265 Preparer Information: Adrienne Miller 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 , by and between Openwater Properties, LLP ("Developer") and the City of Waterloo, 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 one single-family dwelling and related improvements on property located at 2100 Ansborough Avenue, 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. Improvements by Developer. Developer will construct on the Property one single-family dwelling, valued at over $150,000. The dwelling shall be completed to a finished state, including installation of driveway, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping and sidewalks constructed (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. Page 224 of 265 DEVELOPMENT AGREEMENT Page 2 2. 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 enter into this agreement with 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 twenty fourth (24) 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 this agreement will be voided, 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 agreement shall be voided 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 agreement shall be voided. 3. Incentives. A. 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. B. Development Grant. Upon completion of the new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, City will make to the developer party a one-time grant of $5,000.00 for each completed home, in accordance with City policy. 4. 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 Page 225 of 265 DEVELOPMENT AGREEMENT Page 3 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 Page 226 of 265 DEVELOPMENT AGREEMENT Page 4 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. 10. 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 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. 11. 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 Openwater Properties, LLP, 209 Zachary Ct, Waterloo, IA 50701 Attn: Doug Kroger 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. 12. 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. 13. 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 Page 227 of 265 DEVELOPMENT AGREEMENT Page 5 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. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. 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. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. 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. 18. 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. 19. 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. Page 228 of 265 DEVELOPMENT AGREEMENT Page 6 CITY OF WATERLOO, IOWA DEVELOPER By: Quentin M. Hart, Mayor Doug Kroger Attest: Kelley Felchle, City Clerk Page 229 of 265 EXHIBIT "A" Legal Description of Property The North One-half of Lot No. Five (5) except the West One Hundred Forty (140) feet thereof, in Park View Gardens in Waterloo, Iowa. Page 230 of 265 Cit11 of Waterloo, Iowa N W+E S Page 231 of 265 CITY OF WATERLOO Council Communication Resolution approving Amendment No.1 to an Agreement with Strand Associates, Inc., of Madison, WI, originally executed on October 31, 2019, to amend the completion date, in conjunction with the Engineering Services for FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, and authorizing the Mayor to execute said document. City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description Type ❑ Strand cover letter and Amendment No 1 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Resolution approving Amendment No.1 to an Agreement with Strand Associates, Inc., of Madison, WI, originally executed on October 31, 2019, to amend the completion date, in conjunction with the Engineering Services for FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve the Amendment. The purpose of the amendment is to change the completion date for Strand and Associates engineering services as a result of the change in the Final Completion date for the construction Contract between the City of Waterloo and the general contractor for the project, WRH, Inc. There is no change in cost for engineering services as a result of this amendment. None Page 232 of 265 • STRAND ASSOCIATES° Strand Associates, Inch 910 West Wingra Drive Madison, WI 53715 (P) 608-251-4843 December 1, 2020 Mr, Brian Bowman City of Waterloo 3505 Easton Avenue Waterloo, IA 50702 Re: F.Y. 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project Contract 1021 City of Waterloo, Iowa Dear Brian, Amendment No. 1 to the Agreement for Engineering Services for the above -referenced project is enclosed. The purpose of the amendment is to change the completion date for Strand Associates, Inc.®'s engineering services as a result of the change in the Final Completion date for the construction Contract between the City of Waterloo and the general contractor for the project, WRH, Inc. There is no change in cost for engineering services as a result of this amendment. Sincerely, STRAND ASSOCIATES, INC.® Smuel K. Hocevar Enclosure SKI: sjlestrand.comlprojec:ts MAD1 400- 4499W46310081Project MgmN+greementsWmendment I1Cover Lenerdocx Arizona I Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.com Page 233 of 265 INA STRAN D ASSOCIATES" Strand Associates, Inc? 910 West Wingra Drive Madison, WI 53715 (P) 608-251-4843 November 30, 2020 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Director Re: Amendment No. 1 to the October 31, 2019, Agreement for Bidding -Related Services, Construction Contract Administration Services, and Construction Observation Services Wastewater Treatment Plant —Digester No. 3 Cover Repairs This is Amendment No. 1 to the referenced Agreement. Under Schedule, CHANGE in November 2020 to "by June 30, 2021," October 2020 to "December 2020," and November 2020 to "May 2021." IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: STRAND ASSOCIATES, INC.® OWNER: CITY OF WATERLOO /l ZhZo Jos i M Bunker Date Honorable Quentin M. Hart Date Corporate Secretary Mayor SKI-Lgic1R MAIXDocumcots\Agreemente5WlWaterlao, City of(IA)\DigesterNo.3CoverRepairs.20 191AgMmdl4463.00g. I.docx Arizona I Illinois I Indiana J Kentucky I Ohio I Texas I Wisconsin www.strand.com Page 234 of 265 CITY OF WATERLOO Council Communication Resolution approving Change Order No. 2, to an Agreement with WRH, Inc., of South Amana, IA, originally executed on June 15, 2020, to amend the completion date, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, and authorizing the Mayor to execute said document. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description ❑ Change Order No.2 Digester 3 ❑ Memo to Mayor and Council SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Cover Memo Cover Memo Resolution approving Change Order No. 2, to an Agreement with WRH, Inc., of South Amana, IA, originally executed on June 15, 2020, to amend the completion date, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor None Approve Change Order No.2 Page 235 of 265 STRAND ASSOCIATES" Strand Associates, Inch 910 West Wingra Drive Madison, WI 53715 (P) 608-251-4843 November 30, 2020 CHANGE ORDER NO. 2 PROJECT: FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications OWNER: City of Waterloo, Iowa CONTRACT: 1021 CONTRACTOR: WRH, Inc. Description of Change 2a Change Contract completion dates as a result of cold ADD weather. TOTAL VALUE OF THIS CHANGE ORDER: ADD Contract Price Adjustment Original Contract Price Previous Change Order Adjustments Adjustment in Contract Price this Change Order Current Contract Price including this Change Order Contract Substantial Completion Date Adjustment Original Contract Substantial Completion Date Contract Substantial Completion Date Adjustments due to previous Change Orders Contract Substantial Completion Date Adjustments due to this Change Order Current Substantial Contract Completion Dates including all Change Orders Contract Final Completion Date Adjustment Original Contract Final Completion Date Contract Final Completion Date Adjustments due to previous Change Orders Contract Final Completion Date Adjustments due to this Change Order Current Final Contract Completion Dates including all Change Orders SKH:sjl51S:1MAD14400-44995446310081ConswcfioreChange Orders\CO 21CO 2.docx $0.00 $0.00 $867,500.00 $0.00 $0.00 $867,500.00 October 14, 2020 21 Days 57 Days December 31, 2020 November 13, 2020 21 Days 148 Days May 1, 2021 Arizona I Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.com Page 236 of 265 Strand Associates, Inc? City of Waterloo, Iowa—WRH, Inc. Contract 1021, Change Order No. 2 Page 2 November 30, 2020 This document shall become a supplement to the Contract and all provisions will apply hereto. RECOMMENDED ENG ER -Strand Associates, Inc.® APPROVED Date 12/1 /2020 CONTRACTOR—WRH, Inc. Date APPROVED OWNER —City of Waterloo, Iowa Date SKH•:sjIV S:4MAD14400--449914463\0081ConstructionlChangc Ordcrs\CO 21CO 2.docx www.strand.com Page 237 of 265 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 • Phone (319) 291-4553 • Fax (319) 291-4523 Memo to Waterloo Mayor and Council RE: Change Order No.2 Digester #3 Background Discussion: Change Order No. 2 for the contract between the City and WRH, Inc. related to construction of the F.Y. 2020 WWTP Digester No. 3 Cover Modifications project and modifies the completion date of the project. Because additional repair activities were identified by the manufacturer of the damaged cover as part of an inspection at the start of the construction project, some components of the project which are temperature dependent will not be completed before the winter months. The change in completion date will allow the contractor to finish installation of these materials in spring. There is no change in contract price as a result of this Change Order. Recommended Action: It is recommended approval of Change Order No.2. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 238 of 265 CITY OF WATERLOO Council Communication Resolution approving Supplement Agreement No. 3, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed September 8, 2015, for Planning and Engineering Services in an amount not to exceed $80,000, and authorizing the Mayor to execute said document. City Council Meeting: 12/7/2020 Prepared: 11/19/2020 ATTACHMENTS: Description Type ❑ Council Memo Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Resolution approving Supplement Agreement No. 3, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed September 8, 2015, for Planning and Engineering Services in an amount not to exceed $80,000, and authorizing the Mayor to execute said document. Submitted By: Matthew Hosford, Collections System Project Director Approve Supplemental Agreement No. 3 with AECOM Technical Services of Waterloo, IA in the amount NTE $80,000. $80,000 S ewer Page 239 of 265 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50703 • Phone (319) 291-4553 Date: November 19, 2020 To: Waterloo Mayor and City Council From: Matthew Hosford, P.E., Waste Management Services Re: Resolution Approving Supplemental Agreement No. 3 with AECOM Technical Services, Inc. for Planning and Engineering Services Background Discussion A professional services agreement with AECOM was entered into in September 2015 to generally cover related miscellaneous planning and engineering services related to the implementation of the Consent Decree. Supplemental Agreements No. 2 and No. 3 were entered into in March 2019 and October 2019, respectively. There continues to be an ongoing need for similar related planning and engineering services. The Supplemental Agreement No. 3 will continue to provide for such ongoing things such as sewer modeling, SRF funding, bathymetric surveys, velocity studies, and other minor needs that may arise in the collection system and on the plant. This agreement is not to exceed $80,000 and would cover services through June of 2021. Recommended Action It is recommended that the City Council support the resolution to approve Supplemental Agreement No. 3 with AECOM in the amount of $80,000.00. The services will be paid for with Sewer Funds. Page 240 of 265 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 2 to a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, originally approved November 7, 2016, in an amount not to exceed $27,700, in conjunction with the FY 2020 Warp Drive RISE Project, Contract No. 977 and FY 2021 Leversee Road Lift Station, Contract No. 983; and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ CGA SuppAgrmnt2_977 and 983 Cover Memo SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving Amendment No. 2 to a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, originally approved November 7, 2016, in an amount not to exceed $27,700, in conjunction with the FY 2020 Warp Drive RISE Project,. Contract No. 977 and FY 2021 Leversee Road Lift Station, Contract No. 983; and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer Warp Drive $6,700 Lift Station $18,000 Total $24,700 Page 241 of 265 AMENDMENT NO. 2 TO CONSULTING SERVICES AGREEMENT WHEREAS, the CITY OF WATERLOO, the OWNER and CLAPSADDLE-GARBER ASSOCIATES, INC., the ENGINEER have entered into an agreement dated November 7, 2016 for Planning and Design Services for the Waterloo Airport Industrial Park, now more commonly referred to as the Waterloo Air and Rail Park, and WHEREAS, the OWNER has requested re -work of previously completed tasks; and WHEREAS, the OWNER now desires the Engineer to proceed with and provide these services, NOW, THEREFORE, the OWNER and ENGINEER agree to amend the AGREEMENT as follows: 1. Under Scope of Services, Task 2. Design Services, add the following additional sub -tasks: Task L - Additional Re -Work on WARP Drive The Engineer shall revise the street profile, lot grading and update related plan sheets at the direction of the Owner. Task M - Additional Re -Work on Lift Station The Engineer shall revise the design and specifications to include a revised generator configuration, volucalc system and rain gauge at the direction of the Owner. 2. Under Fees, Task 2 shall be amended as follows: Task Description Approximate Fee Task L Additional Re -Work on Warp Drive $6,700 Task M Additional Re -Work on Lift Station $18,000 TOTAL $24,700 Total INCREASE in Fee for Task 2 to shall be $24,700, amending the TOTAL AMOUNT NOT TO EXCEED for Task 2 from $199,923.00 to $224,623. IN WITNESS THEREOF, the parties have made and authorize their representatives to execute this Amendment to the AGREEMENT on this day of , 2020. OWNER: City of Waterloo ENGINEER: Clapsaddle-Garber Associates, Inc. By: By: Title: Title: President ATTESTED BY: ATTESTED BY: Title: Title: Project Manager CGA PN 5623 Page 242 of 265 CITY OF WATERLOO Council Communication Resolution approving Letter Amendment to a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, originally approved April 22, 2019, in an amount not to exceed $5,640, in conjunction with the Airline Highway Sanitary Sewer Extension, and authorizing the Mayor to execute said document. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ CGA SuppAgrmnt2_Airline San Sew Ext Cover Memo SUBJECT: Resolution approving Letter Amendment to a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, originally approved April 22, 2019, in an amount not to exceed $5,640, in conjunction with the Airline Highway Sanitary Sewer Extension, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Matt Schindel, Associate Engineer Source of Funds: TIF Page 243 of 265 Letter Amendment to the Engineering Services Agreement (ESA) Between City of Waterloo, IA (Owner) and Clapsaddle-Garber Associates, Inc., Cedar Falls, IA (Engineer) Project: Waterloo Project 979, Airline Highway Sanitary Sewer Extension CGA PN 2435 Amendment to Engineering Services Agreement: Whereas the original contract included an approximate two weeks of construction observation, and Whereas an amendment was approved to include an additional week of construction observation, and Whereas the actual length of construction was 27 working days over a six week period to complete primary construction, and Whereas the Engineer has had multiple site visits to observe and document final closeout items after the six weeks referenced above, including testing, final punch list review and other contractor coordination in order to close out the project, Therefore, the ESA dated April 16, 2019 shall be amended as follows: Task 3 Construction Phase Services shall be increased by $5,640 based on part time Construction Technician observation and Project Administration by a Project Manager. Total amount of this Amendment to Engineering Services Agreement is $5,640. IN WITNESS THEREOF, the parties have made and authorize their representatives to execute this Letter Amendment to the STANDARD AGREEMENT FOR ENGINEERING SERVICES on this day of , 20 . Authorization to Proceed: ENGINEER: OWNER: Clapsaddle-Garber Associates, Inc. City of Waterloo, IA By: Adam C. Daters, P.E. Project Manager Title: Page 244 of 265 CITY OF WATERLOO Council Communication An ordinance amending the 2020 Traffic Code by adding a new Section 92, Approaching Certain Stationary Vehicles. City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description Type ❑ Amended Ordinance No 3842 Backup Material SUBJECT: Submitted by: Recommended Action: Background Information: Motion to receive, file, consider, and pass for the first time an ordinance amending the 2020 Traffic Code by adding a new Section 92, Approaching Certain Stationary Vehicles. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Petersen, City Attorney Approve Ordinance enacting new Section 92, Approaching Certain Stationary Vehicles to the 2020 Traffic Code. This request came to the City Attorney from a Waterloo Police Officer who indicated he thought this would be helpful in making vehicles change lanes when another vehicle was on the side of the road, to mirror Iowa Code Section 321.323A. The fine is $100.00. Page 245 of 265 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE, ORDINANCE 3842, BY ADDING A NEW SECTION 92, APPROACHING CERTAIN STATIONARY VEHICLES, TO THE 2020 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, as follows: That Section 92, Approaching Certain Stationary Vehicles, is added as follows: 92. APPROACHING CERTAIN STATIONARY VEHICLES. 1. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing lights, as permitted under Section 321.423, shall approach the authorized emergency vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer: a. Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions. b. If a lane change under paragraph "a" would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. 2. The operator of a motor vehicle approaching a stationary towing or recovery vehicle, a stationary utility maintenance vehicle, a stationary municipal maintenance vehicle, a solid waste or recycling collection service vehicle, that is displaying flashing lights, as permitted under section 321.432, shall approach the vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer. a. Make a lane change into a lane not adjacent to the stationary motor vehicle if possible in the existing safety and traffic conditions. b. If a lane change under paragraph "a" would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. 3. The operator of a motor vehicle approaching a stationary motor vehicle that is continually displaying its emergency signal lamps flashing simultaneously shall approach the vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer: Page 246 of 265 a. Make a lane change into a lane not adjacent to the stationary motor vehicle if possible in the existing safety and traffic conditions. b. If a lane change under paragraph "a" would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. 4. A person convicted of a violation of this section commits a simple misdemeanor punishable as a scheduled violation in the amount of $100.00. PASSED AND ADOPTED by the City Council this day of December, 2020 and approved by the Mayor this day of December, 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 247 of 265 CITY OF WATERLOO Council Communication An ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment Program — Zone 9, Contract No. 981 City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description ❑ Cont 981-Zone 9 SW grade ord SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Cover Memo Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment Program — Zone 9, Contract No. 981. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Wayne Castle, PLS, PE, Associate Engineer It is recommended these grades be adopted to comply with the State Code of Iowa so that the sidewalk assessment program can continue in a timely manner. This is being submitted for Council approval as advised by the bonding attorneys. As per Section 384.39 of the State Code of Iowa, official grades shall be adopted for assessment purposes. Page 248 of 265 ORDINANCE NO. AN ORDINANCE ESTABLISHING GRADES FOR THE F.Y. 2020 SIDEWALK INSPECTION AND REPAIR PROGRAM —ZONE 9, CONTRACT NO. 981, IN THE CITY OF WATERLOO, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: SECTION 1. BASE OF LEVELS: Bench Marks. That the base of levels or bench marks establishing the grades of all paved streets within the corporate limits of the City of Waterloo, Iowa, shall be indicated by permanent points from U.S.G.S. monuments at the following locations: USGS 1" Brass Plug USGS Disk #38 1934 USGS Disk #2 1933 USGS Disk USGS 635 Br. Cap USGS #117 JSC 965 USGS Mon TT2 USGS Mon USGS Conc. Mon USGS Mon 1610 USGS #L-11 1933 USGS Brass Plug Kimball (Center Headwall Culvert) Hackett (500' NW along RR tracks) 4th W. (Set in post SW cor of bldg) 18th (SW cor SW bridge) 18th (NE cor bridge over Cedar) Ansborough (West ROW) Wagner Rd. (80' N of Stoddard Mfg) Wagner Rd (NW cor bridge Sta. 75+50) Wagner Rd (NW cor bridge Sta. 60+75) Tammi Terrace (235' NW pl NW Lot) Shaulis (36' North) Nevada (End of flood wall) & San Marnan (@ 200' East) & Hackett (Post 46' SW or SW Rail) & South & 18th (SW cor SW bridge) & 18th (NE cor bridge over Cedar) & Shaulis (301' S. of CI) & Wagner Rd (80' N of Stoddard Mfg) & Wagner Rd (NW cor bridge Sta. 75+50) & Wagner Rd (NW cor bridge Sta. 60+75) & San Marnan (NW pl NW Lot) & Section 9-89-13 (46' E. E1/4 Cor) & Nevada (W. of National By -Prod) All Bench Marks elevations are by mean sea level elevation. 906.05 849.85 866.55 847.08 847.54 964.39 861.10 868.08 869.55 933.81 861.35 849.74 Section 2. STREET GRADES. All grades established by this ordinance or that may be established hereafter, shall be calculated from the bench marks established by Section One of this Ordinance and shall be calculated on the Centerline of the streets on which they are established. Section 3. GUTTERLINE GRADE. The gutterline grade of all streets with curbs and gutters shall be calculated at two percent (2%) slope below the Centerline grade, except in cases where, by reason of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such as elevation below the Centerline grade. Section 4. SIDEWALK GRADE. The grade of all permanent sidewalks shall, unless some special grade be established by ordinance, conform to the established grade of that part of the street upon which they are located and shall be elevated above such established gutterline grade one foot (1'), except in cases where, by reasons of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such an elevation above the established gutterline grade. Section 5. GRADES FOR STREETS. The grades for streets and sidewalks have been calculated and shall be in one of three divisions as follows: STREET E. 4th St. E. 4th St. Adams St. Albany St. Albany St. Alta Vista Ave. Anita St. DIVISION I -- IMPROVED STREETS (Street grades with existing ordinance number.) FROM TO Walnut St. Sumner St. E. 4th St. Mobile St. Linden Ave. Steely St. Logan Ave. Lime St. E. Donald St. Beech St. Linden St. east line of Shilliams 4th Add. Idaho St. E. 4th St. ORD # DATE VOL PAGE 4314 07/27/1998 332 804 4314 07/26/1998 332 804 2602 07/24/1974 4 731 4314 07/27/1998 332 804 1012 07/23/1923 2 92 4314 07/27/1998 332 804 1976 08/24/1954 3 453 -1- Page 249 of 265 STREET FROM TO ORD. # DATE VOL PAGE Ankeny St. Newell St. Ricker St. 2407 05/08/1967 4 311 Ankeny St. Ricker St. Mosley St. 4314 07/27/1998 332 804 Arizona St. Alta Vista Ave. Vine St. 4314 07/27/1998 332 804 E. Arlington St. Logan Ave. E. 4th St. 4314 07/27/1998 332 804 Ash St. Douglas St. Albany St. 1904 10/14/1952 3 299 Ash St. Sumner St. 418.6' south of Oneida St. 3397 07/08/1985 Barclay St. Independence Ave. Lime St. 407 02/05/1912 D 211 N. Barclay St. Shilliam St. Newell St. 2765 09/08/1975 N. Barclay St. Newell St. 236.5' north of Warren Dr. 2901 07/05/1977 S. Barclay St. Independence Ave. dead end north 4314 07/28/1998 332 804 Bates St. Douglas St. Oneida St. 1747 02/24/1948 2 972 Beech St. Douglas St. Sumner St. 2602 07/24/1974 4 731 Beech St. Sumner St. Adams St. 4314 07/28/1998 332 804 Boston Ave. Arlington St. alley north of Arlington St. 2121 05/20/1958 3 744 Boston Ave. north ROW of WCF&N RR 294.5' north 2155 07/07/1959 3 797 Boston Ave. Esther St. Donald St. 1976 08/24/1954 3 453 Charles St. E. 4th St. N. Barclay St. 2407 05/08/1967 4 311 Cherry St. Independence Ave. Glenwood St. 4314 07/27/1998 332 804 Cottage St. E. 4th St. Mobile St. 4314 07/27/1998 332 804 E. Dale St. Logan Ave. E. 4th St. 4314 07/27/1998 332 804 Douglas St. ICRR R.O.W. Mobile St. 1747 02/24/1948 2 972 Douglas St. Bates St. 308.5' east 3014 02/26/1979 Douglas St. Mobile St. Linden Ave. 2407 05/08/1967 4 311 Esther St. Logan Ave. E. 4th St. 4314 07/27/1998 332 804 Florence St. Independence Ave. Glenwood St. 4314 07/27/1998 332 804 Gable St. E. 4th St. N. Barclay St. 2492 05/12/1969 4 529 Glenwood St. Barclay St. Mobile St. 407 02/05/1912 D 211 Glenwood St. S. Barclay St. Steely St. 857 02/28/1919 1 560 Halstead St. ICRR ROW Oneida St. 1747 02/24/1948 2 972 Halstead St. Shilliam Ave. 747.92' north 3014 02/26/1979 0 Hawver Ct. Ankeny St. E. 4th St. 4314 07/27/1998 332 804 Highland Blvd. Independence Ave. Vine St. 4314 07/28/1998 332 804 Hope Ave. Parker St. RR Tracks 4314 07/27/1998 332 804 Hope Ave. Esther St. E. Louise St. 4314 07/28/1998 332 804 Hope Ave. Louise St. 649.5' north 2155 07/07/1959 3 797 Hope Ave. E. Dale St. E. Donald St. 4314 07/29/1998 332 804 Idaho St. Independence Ave. Vine St. 2212 04/18/1961 3 928 Idaho St. 618' south of Willow St. Newell St. 2324 05/04/1965 4 160 Independence Ave. S. Barclay St. Idaho St. 4139 11/29/1995 319 515 Irving St. Independence Ave. Glenwood St. 4314 07/28/1998 332 804 Jackson St. Shilliam Ave. 336.27' north of Oneida St. 3014 02/26/1979 Lane St. Independence St. Glenwood St. 4314 07/27/1998 332 804 Lester St. E. 4th St. N. Barclay St. 2407 05/08/1967 4 311 Linden Ave. Glenwood Ave. 470' south 3193 02/22/1982 Linden Ave. Glenwood St. Sumner St. 2407 05/08/1967 4 311 Linn St. Sumner St. RR Tracks 4314 07/27/1998 332 804 Linn St. Sumner St. 307.63' north of Webster St. 3014 02/26/1979 Linn St. Quincy St. Newell St. 2407 05/08/1967 4 311 Linn St. Newell St. 334.9' north of Charles St. 3014 02/26/1979 Louise St. Logan Ave. E. 4th St. 4314 07/27/1998 332 804 Manson St. Oneida St. 348' north of Oneida St. 2901 07/05/1977 Manson St. Sumner St. 424' north 3295 08/22/1983 Manson St. Quincy St. Ricker St. 4314 07/28/1998 332 804 Merriman St. ICRR R.O.W. Mobile St. 1747 02/24/1948 2 972 Mobile St. Sumner St. Independence Ave. 1904 10/14/1952 3 299 Mohawk St. Independence Ave. Vine St. 1012 07/23/1923 2 92 Mosley St. Ankeny St. E. 4th St. 4314 07/27/1998 332 804 Newell St. Mullan Ave. E. 4th St. 4388 10/10/1999 336 371 Newell St. 4th St. E. Manson St. 4314 07/26/1998 332 804 Newell St. Manson St. Idaho St. 2324 05/04/1965 4 160 Newell St. Peek St. Idaho St. 4314 07/27/1998 332 804 Oliver St. E. 4th St. 418.19' east of Manson St. 3014 02/26/1979 Oneida St. Linn St. Linden St. 4314 07/27/1998 332 804 E. Parker St. Logan Ave. E. 4th St. 4314 07/27/1998 332 804 -2- Page 250 of 265 STREET FROM TO ORD.# DATE VOL PAGE Peek St. Webster St. Newell St. 4314 07/27/1998 332 804 Peek St. Newell St. Ricker St. 4983 04/09/2013 2013 20987 Phillips St. Albany St. RR Tracks 1012 07/23/1923 2 92 Prospect Ave. Steely St. Idaho St. 4314 07/27/1998 332 804 Quincy St. E. 4th St. Linn St. 2407 05/08/1967 4 311 Quincy St. Linn St. Mobile St. 4314 07/27/1998 332 804 Rhey St. Glenwood St. RR tracks south 4314 07/27/1998 332 804 Ricker St. E. 4th St. Mobile St. 2492 05/12/1969 4 529 Salisbury St. Manson St. N. Barclay St. 4314 07/27/1998 332 804 Sherman Ave. Parker St. Arlington St. 2121 05/20/1958 3 744 Sherman Ave. E. Arlington St. E. Donald St. 4314 07/27/1998 332 804 Shilliam St. Mobile St. N. Barclay St. 2765 09/08/1975 Smith St. Lane St. Cherry St. 4314 07/27/1998 332 804 Steely St. Alta Vista Ave. Railroad Ave. 4314 07/27/1998 332 804 Sumner St. E. 4th St. Beech St. 4314 07/27/1998 332 804 Vine St. Steely St. Idaho St. 4314 07/27/1998 332 804 Vinton St. Independence Ave. Glenwood Ave. 1904 10/14/1952 3 299 Webster St. E. 4th St. N. Barclay St. 2602 07/24/1974 4 731 Webster St. N. Barclay St. Mobile St. 4314 07/27/1998 332 801 Willow St. Beech St. 564' east 2247 07/03/1962 4 12 DIVISION III -UNIMPROVED STREETS (Unimproved streets with sidewalk grades established subject to Council approval.) BEECH STREET (1100-1200 Block) Station Centerline Elevation Sta. 0+00.00 - centerline Adams Street 876.22 Sta. 0+27.61 876.67 Sta. 1+61.51 879.03 Sta. 1+87.96 879.78 Sta. 2+28.42 881.01 Sta. 3+28.55 883.94 Sta. 3+51.61 - centerline Webster Street 884.68 Sta. 3+78.40 885.04 Sta. 4+70.24 885.87 Sta. 5+25.73 886.07 Sta. 6+64.69 886.49 Sta. 7+24.75 886.10 Sta. 7+62.85 885.50 Sta. 8+41.71 883.40 Sta. 9+02.07 881.28 Sta. 9+24.31 880.44 Sta. 9+44.62 - centerline Newell Street 880.59 GABLE STREET (00 Block) Station Centerline Elevation Sta. 0+00.00 - End of paving 852.22 Sta. 0+55.11 852.81 Sta. 0+96.43 853.02 Sta. 1+78.58 853.62 Sta. 2+77.62 853.52 Sta. 2+92.70 853.47 Sta. 3+05.09 - centerline Ankeny Street 853.55 PEEK STREET (100 Block) Station Centerline Elevation Sta. 0+00.00 - centerline Adams Street 857.30 Sta. 0+15.64 856.59 Sta. 0+35.23 858.59 -3- Page 251 of 265 Sta. 0+85.61 Sta. 1+71.39 Sta. 2+52.31 Sta. 3+28.31 Sta. 3+44.53 Sta. 3+54.10 - centerline Webster Street 860.38 862.07 863.51 864.78 865.11 865.21 RICKER STREET (00-100 Block) Station Centerline Elevation Sta. 0+00.00 - End of paving 851.34 Sta. 0+84.58 851.54 Sta. 0+96.43 853.02 Sta. 1+38.76 851.46 Sta. 1+69.94 851.22 Sta. 2+18.77 851.55 Sta. 2+84.00 851.85 Sta. 3+30.50 851.69 Sta. 3+82.95 851.96 Sta. 3+97.35 851.80 Sta. 4+11.36 - centerline Ankeny Street 851.80 Sta. 4+27.52 851.80 Sta. 4+40.13 851.67 Sta. 4+98.73 851.96 Sta. 5+48.19 852.01 Sta. 5+97.78 852.04 Sta. 6+59.12 851.49 Sta. 7+63.92 851.81 Sta. 8+31.20 852.05 Sta. 9+23.66 851.92 Sta. 9+36.19 851.85 Sta. 9+56.00 - centerline E. 4th Street -4- Page 252 of 265 CITY OF WATERLOO Council Communication Complete Streets minutes of October 2020. City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description Type o minutes Backup Material SUBJECT: Complete Streets minutes of October 2020. Submitted by: Submitted By: Page 253 of 265 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting October 20, 2020 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm September 15, 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: Felicia Cass, Janet Buls, Jessica Rucker, Pat Morrissey, Paul Huting, Wayne Castle, Codie Leseman, Kevin Blanshan, Greg Young, and Aric Schroeder. Members absent were: Mohammad Elahi, Brian Schoon, Will Frost, Dan Trelka, Jeff Bales, Abraham Funchess, and Ray Feuss. Other people attending: John Dornoff — City of Waterloo Planning; Matt Schindel — Engineering; and David Sturch — MET Transit. It was moved by Blanshan, seconded by Schroeder to approve the minutes of the September 15, 2020 meeting. Motion carried unanimously. Physical Activity Access Project Presentation • Leseman went over the SNAP -Ed Physical Activity Access Project preliminary survey results • Survey of physical activity of low-income seniors. • Crossroads Square Apartments, Camelot Senior Housing, Stokes Manor, and Stokes Estate residents were surveyed. • 29% to 59% of residents returned surveyed. • Most between 55 and 75 years old. • 58% White, 32% Black • 26% of Crossroads Square and 33% of Camelot residents English is not primary language. • 17% of Crossroads and 31% of Camelot were Bosnian. • 29% of Crossroads, 44% of Camelot, 54% of Stokes Manor and 45% of Stokes Estate residents drove a vehicle in past year (42% overall). • 48% of Crossroads, 31% of Camelot, 46% of Stokes Manor and 64% of Stokes Estates have rode bus in last year. • 4% of Crossroads, 10% of Camelot, 25% of Stokes Manor, and 18% of Stokes Manor have ridden a bicycle in the last year. • 57% of Crossroads, 72% of Camelot, 63% of Stokes Manor, and 55% of Stokes Estate walk at least a few times a month. • Bus most common next to walking in Crossroads and Stokes Estates. • Meat and potatoes will be in next presentation with destinations and other information. • Cass asked if Leseman was planning to present it to council to which he was hoping to wait until the second presentation was done but Cass thought it would be good for the council to see the numbers. Page 254 of 265 Complete Streets Advisory Committee October 20, 2020 Review of Sidewalk Project Scores form Street Reconstruction List and Recommendations on Requests for Funding Sidewalk Projects, Ranking for CIP • Many of the projects for recon and overlay were medium to low priority projects. • Castle sent out a list of potential project. • 100 block of Reed Street rating of 55. 3 blocks west of US Highway 63 with infill on one side of about 300 feet with cost estimate of $8770. • 500 block of Edison Street, behind old Hy-Vee and south of Pepsi. Two lots on the north side of Edison has a rating of 40. Some issue with trees. • 500 block of Reed Street. 5 lots do not have sidewalks with 4 having homes and a rating of 65 and a cost of $10,000. Project will fill in neighborhood. • 600 block of Newton Street. Two lot gap with a rating of 50 and it is a pretty easy project of $8600. • 1000 block of Dawson. Everything around it has sidewalks, there is some obstructions cost of $8250. • 1000 block of Riehl. No sidewalks on either side because of series elevation changes which is why it is only spot in area without sidewalks and would cost at least $25,000 with a score of 50. • Heath Street. Section from west of Subway east toward frontage road intersection and then cross street to Hy-Vee. $7000 cost and a rating of 70 which is the highest. Fairly simple project. Heath Street will be done anyway. Would create connection from Cedar Bend trail to Lincoln Elementary. Would have to work with other agencies to make it happen. Would increase access to school from the south. Blanshan questioned if this was needed with the sidewalks in the area. Huting questioned snow removal since policy is not to remove snow from levee trails. Proposal to extend the trail to Greenbrier to serve as sidewalk which would mean it would need to have snow removal. Huting also noted that section of trail has the most complaints about illegal use by motorcycles and other motorized vehicles. Leseman asked who removes snow from the east side of Longfellow to which Schroeder responded that it belongs to WaterWorks so it would be up to them to maintain it. Cass what the blue line means to which Castle responded to low priority. West side of Longfellow toward West Parker has some difficulties and opposition property owners. Schroeder pointed out there is two cross walks one across Parker and one across Longfellow to which Castle pointed out that those lines should not be there and the streets department will be removing them. Also need to consider trying to route kids away from cars turning off of Cedar Bend into the school drop off and pick up. Concern over the school supporting the project. • Leseman says most of the other projects are not high priority projects, may make sense but are these compelling enough? • Blanshan suggested that more than one person look at the projects. Janet Buls left the meeting at 2:OOpm. It was moved by Leseman, seconded by Huting to recommend both Reed Street, the Newton, and the Dawson projects for sidewalk infill funding. Motion passed unanimously. Downtown Trees Update • Discussion with different departments but has not gone beyond that. • Schroeder will try to talk to Anderson and Knutson on where the project is right now. • Also concerned about the trees attracting more birds. 2 Page 255 of 265 Complete Streets Advisory Committee October 20, 2020 Update on Sidewalk Infill Policy and Discussions with Council • Presentation to council about the sidewalk infill policy. • Need to get council thoughts on a Waterloo specific pedestrian plan. • Missing segment and large segment plans. • Will be having zoom meetings with council members. Upcoming Planning and Zoning Commission • Schroeder went over the PZ agenda. • Rezone at 146 Martin Road. • No sidewalks on Martin Road. • Could look at condition to require them to put in sidewalks in front of the development. • Hutting noted that Leisure Services would be concerned with sidewalk on the north side of Martin Road along the golf course due to the proximity to the fairway, as it may not be safe for pedestrians. Sidewalk would make more sense on the south side of Marin if it were to be installed. • Cass said she would like sidewalks but feels it's on the wrong side of the street due to the golf course. • Doesn't make since to make this development put in sidewalks when it would never go anywhere and Martin Road has severe grade issues. Other Project Updates • Walnut Street bike project should happen next spring. • There are plans to cross US Highway 218 at Shaulis, but that phase is not funded and will have significant design challenges. • December letting for the US Highway 63 enhancements. • MET is working to survey riders and timing routes to get redesign done. Other Discussion • None. Adjournment Cass adjourned the meeting at 3:O1p.m. Respectfully submitted, John Dornoff Planner I 3 Page 256 of 265 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of November 4, 2020. City Council Meeting: 12/7/2020 Prepared: 12/2/2020 ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes, November 4, 2020 Cover Memo SUBJECT: Airport Board Meeting minutes of November 4, 2020. Submitted by: Submitted By: Page 257 of 265 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday November 4, 2020 I. ROLL CALL Chair Arlene Humble called the meeting to order, via Zoom, at 12:00 p.m. Board Members Present: Arlene Humble, Cary Darrah, Scott Voigt and David Deeds. Board Members Absent: Gwenne Berry and Todd Holcomb. City Officials Present: Council Liaisons: Margaret Klein and Ray Feuss. Airport Staff Present: Keith Kaspari, Airport Director, and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel and David Hughes, AECOM; Steve Hodgens, Advance Aviation. II. AGENDA AS RECEIVED OR AMENDED Mrs. Darrah moved approval of the agenda as amended, moving item VII. B. to the first item of business. Seconded by Mr. Deeds. Ayes: 3. Motion carried. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kaspari stated that the Xs have been painted on Runway 6-24. Mr. Voigt questioned the cost of closing Runway 6-24 and whether it was still going to be less than $8,000. Mr. Kaspari stated that he should have a total cost next month. Mr. Voigt asked about the PFC program and how far back Grant #38 was. Mr. Kaspari stated that reconciliation needs to go back to approximately 2012. B. Monthly Planning & Development Report — N/A C. Legislative Information Mr. Kaspari pointed out information that he had received from Congresswoman Finkenaur's office. Mr. Voigt mentioned that Mr. Kaspari should reach out to Congresswoman -Elect Hinson to convey this information to her. 1 Page 258 of 265 D. Misc. Monthly Airport Reports Reviewed YTD budget report, Airline stats, On -Time Performance, Airline schedule and Fares. Mr. Kaspari stated that fares are still attractive. V. BOARD APPROVAL A. Approval of Minutes of the October 7, 2020 Regular Meeting Mr. Deeds moved that the minutes of the October 7, 2020 meeting be approved, seconded by Mrs. Darrah. Ayes: 3. Motion carried. B. Motion to Receive and File October 2020 Expenses Mr. Voigt questioned the monthly expense for Marsden Janitorial and wondered if that could be reduced, given the lighter flight schedule. Mrs. Humble asked if they had increased sanitizing to prevent COVID-19? Discussion followed. Mr. Voigt moved that the September 2020 expenses be received and filed, seconded by Mrs. Darrah. Ayes: 3. Motion carried. VI. OLD BUSINESS A. Update: Kingfisher Aviation Mr. Kaspari stated that following the Council Work Session, City Attorney, Martin Petersen, is working with Kingfisher officials to move forward on a signed agreement. B. Update: Osprey Aviation Mr. Kaspari stated that contractors are making great progress on the Osprey hangar and pointed out that there are pictures in the packet. C. Update: Iowa DOT Aviation Bureau — Vertical Infrastructure Program for FY- 2021 Mr. Kaspari stated that he is working with AECOM on a design agreement for this project. 2 Page 259 of 265 D. Update: Hangar 4 Work Mr. Kaspari pointed out the pictures summary in the Board packet. Mr. Voigt questioned law enforcement using the hangar for training and whether we would have any liability there due to the mold issues. Mr. Kaspari stated that the mold mitigation phase of work has been completed and that Woodruff Construction is essentially finished with the base contract work on the hangar. E. Update: Water Main Installation Project Mr. Kaspari stated that contractors have completed approximately 700-feet of the approximate 1,900-feet for the overall water main improvement project. This will provide a secondary source of water and water pressure for the East side of the airfield. He also pointed out pictures of this project in the Board packet. VII. NEW BUSINESS A. Airport Department — Financial Report — First Four Months of FY-2021 Mrs. Combs reported on the Year to Date Budget with Projections through the end of FY-2021. At current levels, adjusted for known upcoming revenue and expense items, we could end up $80,000 in the red. Staff would then need to utilize funds from the CARES Act Grant No: 48 to make ourselves whole at the end of the fiscal year. B. Iowa DOT Aviation Bureau — Air Service Sustainment — Airport Services for Advance Aviation. Steve Hodgens, Advance Aviation, addressed three options for targeted marketing, which would be paid for by the FY-21 Iowa DOT Air Service Sustainment Grant (80%, matched with 20% city funds). Mr. Deeds stated that the Air Service Working Group Marketing subcommittee likes the consistency in the marketing program, as well as the ability to target potential travelers rather than the general public, as in print, radio and TV ads. Mr. Kaspari asked if it was possible to start with the $60,000 option and then add to it, possibly to the $80,000 level, if travel starts to pick up. Mr. Hodgens stated that would be possible. 3 Page 260 of 265 Mrs. Humble (Owner, Humble Travel, CF) stated that they have had to move clients who had booked December travel out of Waterloo to instead fly out of Cedar Rapids. This was due to American was showing two flights per day in ALO's December schedule when the travel was booked, but they have since changed the schedule from early morning and early afternoon departures to a late afternoon departure only, for most of December. She suggested a soft start on any advertising until we have a more consistent schedule because it will not do us any good to advertise flights that are going to later be removed from the schedule, chasing passengers to Cedar Rapids. Board consensus was to hold off on any action to see what the schedule might look like in 2021. C. Board Discussion: General Discussion of Future Monthly Meeting Dates due to Board Member Conflicts. Discussion of possible future meeting dates with consensus of Board members that the 4th Wednesday of the month at noon would work for all present. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Mr. Voigt moved the meeting be adjourned at 1:20 p.m., seconded by Mrs. Darrah. Ayes: 3. Motion carried. Respectfully submitted, CL&L, /Z(/SL.) Arlene Humble, Chairperson 4 Page 261 of 265 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of October 2020. City Council Meeting: 12/7/2020 Prepared: 12/1/2020 ATTACHMENTS: Description Type u minutes Cover Memo SUBJECT: Historic Preservation Commission minutes of October 2020. Submitted by: Submitted By: Page 262 of 265 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — OCTOBER 20, 2020— 4:34 P.M. Meeting was held by Zoom online meeting application Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance electronically were: Ed Ottesen, Nick Hedrick, Mathew Gilbert, Alice Rohret, Terry Stevens, and Susan Price. Commission Member(s) absent were: None Others present electronically: John Dornoff — Planning Staff; Ed Gallagher — Grout Liaison; and Pat Morrissey — City Council Liaison. Approval of Agenda Motion made by Hedrick, seconded by Rohret to approve the agenda of the October 20, 2020 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Rohret, seconded by Hedrick to approve the minutes of the September 15, 2020 meeting. Motion carried unanimously. Oral Presentations None Hearings No Hearings Building Consultation None Reports 1. Main Street 2 reviews for signs. Main Street Design is reviewing new design guidelines and should be approved in the next meeting. 2. Silos and Smokestacks. No Report -1- Page 263 of 265 3. Grout Museum Grout is open but not fully operational. 4. Building Update Dornoff said that Invision Architecture has requested a tour of the Rath and the Dunsmore house was photographed to get cost estimates. 5. Highland No updates. 6. Walnut Habitat is continuing to build, grocery store supposed to break ground in November. Discussion Items/Possible Action Items 1. Past Forward Gilbert received grant. 2. Historic Storyboard Maps None 3. HPC Awards Banquet 2021 May 13th, 2021, preliminary flier next month. 4. School Art Project No update 5. Main Street collaboration No update. 6. Demolitions No update 7. Action Plan On track for now. Page 264 of 265 Design Guidelines: No discussion Other Discussion: Gilbert talked about his proposal for a Preservation Iowa presentation. Adjournment Ottesen adjourned the meeting at 4:50p.m. Respectfully submitted, John Dornoff Planner I -3- Page 265 of 265