HomeMy WebLinkAboutCouncil Packet - 12/14/2020 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
Meeting will be held virtually via Zoom. Visit
https.Ilcityof vaterlooiowa.comlregister and register to receive the Zoom meeting
information. Please contact the City Clerk's OfJ`ice at 319-291-4323 with
questions.
Monday, December 14, 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 227
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Jonathan Grieder, Ward 2 Council Member
Agenda, as proposed or amended.
Minutes of December 7, Regular Session, as proposed.
ORAL PRESENTATIONS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on
file in the office of the City Clerk.
2. Resolution approving a Lease Agreement with C & S Car Company, for a 2021
Hyundai Tucson, VIN#KM8J2CA42MU338978, to be used by the School
Resource Unit for a six(6) month period at no cost to the City, and authorizing the
Mayor to execute said document.
Submitted By: Dave Mohlis, Police Captain
3. Resolution accepting the Office of Healthy Homes and Lead Hazard Control
Grant, in the amount of $3,384,678, and authorizing the Mayor to execute said
document.
Submitted By: Rudy D. Jones, Community Development Director
4. Resolution approving award of bid to Lansing Brothers Construction Co., Inc., of
Luxemburg, Iowa, in the amount of$52,850, and approving the contract, bond and
certificate of insurance, for Contract No. RD-2020-12-01 P, in conjunction with
Demolition and Site Clearance Services at 115 Sumner Street, and authorizing
the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development Director
Page 2 of 227
5. Resolution approving preliminary specifications, form of contract, etc., setting date
of bid opening as December 31, 2020 and date of public hearing as January 4,
2021, in conjunction with providing Janitorial Services at the Waterloo Public
Works Facility, and instruct the City Clerk to publish said notice.
Submitted By: Randy Bennett, Public Works Division Manager
6. Resolution approving award of bid to Arends Excavating, of Waterloo, Iowa in the
amount of $588,788.26, and approving the contract, bonds, and certificate of
insurance in conjunction with the FY 2021 Leversee Road Lift Station, Contract
No. 983, and authorizing the Mayor to execute said documents.
Submitted By: Matt Schindel, Associate Engineer
7. Resolution approving preliminary plans, specifications, form of contract, etc.,
setting date of bid opening as January 7, 2021 and date of public hearing as
January 19, 2021, in conjunction with the FY 2021 Center For The Arts Parking
Improvements Phase 3, Northwest Half Project, Contract No. 1004, and instruct
the City Clerk to publish said notice.
Submitted By: Matt Schindel, Associate Engineer
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Ruth Muller, Police Property and Evidence Coordinator
Class/Meeting: Managing the Property and Evidence Room
Destination: Waterloo, IA
Dates: December 14-15, 2020
Amount not to exceed: $325
b. Sgt. Devine and Investigator Stratton
Class/Meeting: Fundamentals of Drug Crime Scene Investigation
Destination: Johnston, IA
Dates: December 14-18, 2020
Amount not to exceed: $465
2. LIQUOR LICENSES
a. Casey's General Store #2867, 2424 Ranchero Road *Ownership
Update*
Class: E Liquor
New Application Includes Sunday
Expiration Date: 6/15/2021
b. The Loft, 710 Jefferson Street, #4
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 1/12/2022
C. SingleSpeed Brewing, 325 Commercial Street
Class: C Liquor w/Outdoor Service and Brew Pub
Renewal Application Includes Sunday
Expiration Date: 12/31/2021
Page 3 of 227
d. Bros Bars and Grill, 1927 Jefferson Street
Class: C Liquor
New Application Includes Sunday
Expiration Date: 10/20/2021
e. Club Ambassador, 313 W. 5th Street
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 12/15/2021
f. Logan Ave Convenience Store, 735 Logan Avenue
Class: B Wine / C Beer/ E Liquor
Renewal Application Includes Sunday
Expiration Date: 11/28/2021
3. Motion approving Change Order No. 1 with Peterson Contractors, Inc., of
Reinbeck, Iowa, for a net decrease of $203,925.11, in conjunction with the FY
2019 Wing Dike Project, Contract No. 966, and authorizing the Mayor to execute
said document.
Submitted By: Brad Manahl, Operations Supervisor
RESOLUTIONS
2. Resolution approving the Convention and Visitors Bureau Board recommendations for
funding a hotel-motel mini grant application for the 2020 50/50 Bowling Tournament in
the amount of$3,000.
Submitted By:Tavis Hall, Executive Director of Waterloo Convention and Visitors
Bureau
3. Resolution approving a Professional Services Agreement with AECOM Technical
Services, Inc., of Waterloo, Iowa, in an amount not to exceed $59,500, for construction
related services in conjunction with the FY 2021 E. Shaulis Road Trail Extension,
Phase II Project, Contract No. 1012, and authorizing the Mayor to execute said
document.
Submitted By: Jamie Knutson, PE, City Engineer
4. Resolution approving and accepting a permanent easement with Lost Island Real
Estate, L.C., for construction of a public warning siren, located at 4550 Hess Road, and
authorizing the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
5. Resolution approving a Development Agreement with Locke Realty, Inc., in conjunction
with a 10,000 square foot expansion at 4140 Kimball Avenue, with a new taxable value
of$3,586,500 and including five (5) years at 50 percent tax rebates, and authorizing the
Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
6. Resolution approving the first of two (2) payments to Grow Cedar Valley, in the amount
of$14,250 for the base amount and $56,000 in incentive funds, for a total of$70,250, in
conjunction with FY 2021 economic development.
Page 4 of 227
Submitted By: Noel Anderson, Community Planning and Development Director
ORDINANCES
7. 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, file, consider, and pass for the second 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 third time and adopt said ordinance.
Submitted By: Noel Anderson, Community Planning and Development Director
8. An ordinance repealing Chapter 4, City Council, of Title 1, Administration, in its
entirety and enacting in lieu thereof a new Chapter 4, Mayor and City Council,
of Title 1, Administration.
Motion to receive, file, consider and pass for the first time an ordinance amending the
City of Waterloo Code of Ordinances by repealing Chapter 4, City Council, of Title 1,
Administration, in its entirety and enacting in lieu thereof a new Chapter 4, Mayor and
City Council, of Title 1, Administration.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Submitted By: Kelley Felchle, City Clerk
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
4:40 p.m. Council Work Session, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Board of Adjustments minutes of October 27, 2020.
2. Planning, Programming and Zoning minutes of November 2020.
3. Housing Authority Board meeting minutes of November 16, 2020.
4. Communication from the Waste Management Services Department on the notice of the
conclusion of employment for Joe Jones, Jr., Sewer Maintenance Worker, effective
Page 5 of 227
December 1, 2020 with recommendation of approval of payout of$5,696.72 for unused
benefits.
5. Communication from the Public Works Sanitation Department on the notice of the
conclusion of employment for Earnest Owens, Solid Waste Technician, effective
November 13, 2020 with recommendation of approval of payout of $5,762.72 for
unused benefits.
Page 6 of 227
CITY OF WATERLOO
Council Communication
Minutes of December 7, Regular Session, as proposed.
City Council Meeting: 12/14/2020
Prepared:
ATTACHMENTS:
Description Type
U Minutes of 12/7/2020 Backup Material
Submitted by: Submitted By:
Page 7 of 227
December 7, 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, December 7, 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: Ray Feuss, Ward 5 Council Member
159320 - Juon/Grieder
that the Agenda, as proposed, for the Regular Session on Monday, December 7, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
159321 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday,November 23, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Proclamation declaring December 10, 2020 as Human Rights Day.
ORAL PRESENTATIONS
Eric Donat, 610 E. 4th St., Apt. 67, commented that he wanted to read a letter in response to
comments made in the community regarding the Waterloo Police Department insignia. He shared
that the decision to form an ad hoc committee to explore designs that could contain a refined griffin,
was contrary to the public objections.
Mr. Morrissey shared that each of the council members should strive to support the 30 articles in the
Declaration of the Human Rights. He then read sections that he felt directly applied to council
members. He questioned if the discussion at the work session lived up to the articles of the
Declaration on Human Rights that he read.
Mr. Amos commented that he has chaired the Human Rights Commission for many years and is a
strong supporter of human rights. He stated that the sections Mr. Morrissey read insinuate that some
council members do not care about human rights, which is untrue. Each council member also has
those rights, and that includes the right to think independently. He commented on the police
department insignia and explained that there were enough votes to remove the griffin,but because
council talked and worked together, a decision was made to establish the ad hoc committee to take
community input and get buy in from everyone. He stated that human rights are for everyone, not
just certain individuals.
Mrs. Juon stated that people who say the council did not do their job and were insensitive do not
realize that the action council took did get rid of the existing logo. A decision was made to bring all
sides together and decide what the new logo should look like. She thanked Experience Waterloo for
putting together the Hall on the Wall promotion to supporting local businesses.
159322 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159323 - Juon/Feuss
that the following items on the consent agenda be received,placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated December 7,
2020, in the amount of$5,326,610.50 a copy of which is on file in the City Clerk's office,
together with recommendation of approval of the Finance Committee.
Page 8 of 227
December 7, 2020 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2020-865.
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.
Resolution adopted and upon approval by Mayor assigned No. 2020-866.
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.
Resolution adopted and upon approval by Mayor assigned No. 2020-867.
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.
Resolution adopted and upon approval by Mayor assigned No. 2020-868.
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.
Resolution adopted and upon approval by Mayor assigned No. 2020-869.
6. Resolution rejecting all bids in conjunction with the Janitorial Services at the Public Works
Facility.
Resolution adopted and upon approval by Mayor assigned No. 2020-870.
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.
Resolution adopted and upon approval by Mayor assigned No. 2020-871.
b. Motion to approve the following:
8. Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. 1850 Patio & Grill, 1850 W. C Liquor w/Outdoor Renewal 10/31/2021 x
Ridgeway Avenue Service
b. Carlos O'Kelly's Mexican Cafe, C Liquor w/Outdoor Renewal 12/30/2021 x
2060 Sovia Drive Service and Catering
c. Curt's, 32 Lafayette Street C Liquor w/Outdoor Renewal 12/31/2021 x
Service
d. Hy-Vee Gas #2, 2221 Logan C Beer Renewal 01/02/2022 x
Avenue
e. Trucker Bar, 1915 Bourland C Liquor Renewal 12/12/2021 x
Avenue
f. XO Food&Liquor, 428 Franklin B Wine/C Beer Renewal 12/14/2021 x
Street
g. XO Food&Liquor, 428 Franklin E Liquor Renewal 12/14/2021 x
Street
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.
Page 9 of 227
December 7, 2020 Page 3
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.
11. Bonds.
Roll call vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
159324 - Morrissey/Feuss
that proof of publication of notice of public hearing on 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, as published in
the Waterloo Courier on November 30, 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.
159325 - Morrissey/Feuss
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
159326 - Morrissey/Feuss
that "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",be received,placed on file, considered and
passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
159327 - Morrissey/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
159328 - Morrissey/Feuss
that "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", be considered and passed for the second
and third times and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5581.
159329 - Amos/Feuss
that proof of publication of notice of public hearing on a 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, as published in the Waterloo Courier on November 24, 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.
Paul Huting, Leisure Services Director, commented that the Leisure Services Commission did
approve the development.
159330 - Amos/Feuss
Page 10 of 227
December 7, 2020 Page 4
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
159331 - Amos/Feuss
that "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", be received, placed on file,
considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
Mrs. Juon commented that it looks like the property is already torn down and that it does not look like
there is room for five duplexes.
Noel Anderson, Community Planning and Development Director, explained that the commission did
recommend approval. The five units makes the project economically feasible to offset construction
costs.
Mr. Boesen commented that this is going to be a really nice project. He questioned if a development
agreement will be coming back with infill incentives since he is tearing down a condo on his own
property.
Noel Anderson commented that a development agreement will be coming back to council for approval
since they're going from two units to five units resulting in a substantial increase in taxable value to
the city.
Mr. Boesen commented that he would be building on his own property and it does not seem like this
would qualify as infill.
Noel Anderson explained how the property would still be considered infill property.
Mr. Boesen clarified that it would come back to council for a vote.
Noel Anderson confirmed.
159332 - Amos/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended.Roll call vote-Ayes:Zero. Nays: Seven. (Boesen,Amos,Morrissey,Klein,Feuss,Grieder,
Juon). Motion failed.
Noel Anderson commented that the planning commission did receive some opposition and
recommended doing multiple readings.
159333 - Feuss/Grieder
that proof of publication of notice of public hearing on Demolition Services, Contract No. RD-2020-
12-01P, located at 115 Sumner Street, as published in the Waterloo Courier on November 24, 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.
159334 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159335 - Feuss/Grieder
that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Noel Anderson explained that the property is unsafe and needs to be demolished.
Page 11 of 227
December 7, 2020 Page 5
Resolution adopted and upon approval by Mayor assigned No. 2020-872.
159336 - Feuss/Grieder
Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and
Development Director for review.
Bidder Bid Security Total Bid Amount
Lansing Bros. Construction Co., Inc. 5% $67,850
Luxemburg, Iowa
Earth Services &Abatement 5% $149,749
Des Moines, IA
Voice vote-Ayes: Seven. Motion carried.
159337 - Morrissey/Grieder
that proof of publication of notice of public hearing on 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 and a rehabilitation grant of$5,000, as published
in the Waterloo Courier on November 30, 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.
159338 - Morrissey/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159339 - Morrissey/Grieder
that "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 be received, placed on file, considered and passed for the first time.
Roll call vote-Ayes: Seven. Motion carried. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-873.
159340 - Morrissey/Grieder
that "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', be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-874.
RESOLUTIONS
159341 - Boesen/Grieder
that"Resolution approving a Memorandum of Understanding with the Walnut Neighborhood Housing
Coalition to promote development in the Walnut Neighborhood", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Laura Hoy, 335 Almond Street, thanked the City Council for their partnership in the Walnut
Neighborhood.
Resolution adopted and upon approval by Mayor assigned No. 2020-875.
Page 12 of 227
December 7, 2020 Page 6
159342 - Boesen/Grieder
that "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", be adopted. Roll
call vote-Ayes: Seven. Motion carried.
MaryAnn Noland, 1510 Athens Ct., Cedar Falls, commented that they wanted to get into the building
to salvage pews and other historic and religious items to keep the history of St. Mary's alive. She also
questioned the amount of time they would have access to the building.
Noel Anderson explained that there are safety protocols that need to be coordinate due to asbestos,
and that he will be contacting Ms. Noland in the morning to work on a schedule that works for
everyone.
Resolution adopted and upon approval by Mayor assigned No. 2020-876.
159343 - Boesen/Grieder
that "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", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-877.
159344 - Klein/Grieder
that "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 adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen explained that after reviewing this further and speaking to both staff and Mr. Castro's
representative,that the original agreement,whether written or not, should be honored because the city
made certain promises to the Castro's that should be fulfilled.
Mrs. Klein commented that situations such as this would be eliminated by switching to two meetings
a month, allowing additional time for council to dig deeper and be better informed, before voting.
Resolution adopted and upon approval by Mayor assigned No. 2020-878.
159345 - Klein/Grieder
that "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",be adopted. Roll call
vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-879.
159346 - Klein/Grieder
that "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", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Noel Anderson provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2020-880.
Page 13 of 227
December 7, 2020 Page 7
159347 - Amos/Grieder
that "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", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen commented that he is seeing a disconnect with what is required for paperwork. He
questioned if it would be beneficial to have a webinar or training for developers to educate the public
and developers on timelines,what is available, etc. He added that it could help bring more people into
developing properties.
Mr. Amos agreed with Mr. Boesen, and added that he had been approached by people interested in
developing the 657A properties but do not know where to start.
Resolution adopted and upon approval by Mayor assigned No. 2020-881.
159348 - Amos/Grieder
that "Resolution approving Amendment No.l 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", be adopted. Roll
call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-882.
159349 - Amos/Grieder
that "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", be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-883.
159350 - Feuss/Amos
that"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", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-884.
159351 - Feuss/Amos
that"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",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-885.
159352 - Feuss/Amos
that"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", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Page 14 of 227
December 7, 2020 Page 8
Resolution adopted and upon approval by Mayor assigned No. 2020-886.
ORDINANCES
159353 - Amos/Grieder
that"an Ordinance amending the 2020 Traffic Code by adding a new Section 92,Approaching Certain
Stationary Vehicles", be received, placed on file, considered and passed for the first time. Roll call
vote-Ayes: Seven. Motion carried.
159354 - Amos/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
159355 - Amos/Grieder
that"an Ordinance amending the 2020 Traffic Code by adding a new Section 92,Approaching Certain
Stationary Vehicles", be considered and passed for the second and third times and adopted. Roll call
vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5582.
159356 - Klein/Amos
that"an Ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment
Program—Zone 9, Contract No. 981", be received, placed on file, considered and passed for the first
time. Roll call vote-Ayes: Seven. Motion carried.
Jamie Knutson, City Engineer, provided an overview of the item.
159357 - Klein/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
159358 - Klein/Amos
that"an Ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment
Program — Zone 9, Contract No. 981", be considered and passed for the second and third times and
adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5583.
ADJOURNMENT
159359 - Juon/Amos
that the Council adjourn at 6:36 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 15 of 227
CITY OF WATERLOO
Council Communication
Resolution approving a Lease Agreement with C & S Car Company, for a 2021 Hyundai Tucson,
VIN#KM8J2CA42MU338978, to be used by the School Resource Unit for a six(6)month period at no cost
to the City, and authorizing the Mayor to execute said document.
City Council Meeting: 12/14/2020
Prepared: 12/8/2020
ATTACHMENTS:
Description Type
❑ C $ S Car Co 2021 Hyundai Lease Agreement Backup Material
Resolution approving a Lease Agreement with C & S Car Company, for a
SUBJECT: 2021 Hyundai Tucson, VIN#KM8J2CA42MU338978. to be used by the
School Resource Unit for a six(6month period at no cost to the City, and
authorizing the Mayor to execute said document.
Submitted by: Submitted By:Dave Mohlis, Police Captain
Request that the City Council pass a resolution authorizing Mayor Hart to
Recommended Action: sign the lease agreement with C & S Car Company for a 2021 Hyundai
Tucson vehicle to be used by the School Resource Officers for a 6 month
period at no cost to the city.
This is a 6 month lease to supply a vehicle to the School Resource Unit of
Summary Statement: the Waterloo Police Department. C & S Car Company has donated the use
of a new vehicle for many years to the Police Department to be used the
School Resource Unit.
Expenditure Required: None
Source of Funds: None
Policy Issue: N/A
Alternative: N/A
Background Information: N/A
Legal Descriptions: N/A
Page 16 of 227
AUTOMOBILE LEASE AGREEMENT
This Agreement is made and entered into this 14th day of December 2020, by
and between C & S Car Company Hyundai Mazda Subaru, with its principal place of
business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of
Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of
Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715
Mulberry Street, Waterloo, Iowa, 50703.
RECITALS
WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of
selling motor vehicles; and
WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing
to the City's Police Department, a 2021 Hyundai Tucson,
VIN # KM8J2CA42MU338978
WHEREAS, City is in need of a vehicle for the purposes of its Life Skills
Program.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and
agreements contained herein, and for other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties agree as follows:
TERMS
1. LEASE. The Lessor leases to the Lessee the motor vehicle described
above from December 14th 2020, to June 14th 2021, unless the Lessor shall extend
this Lease Agreement.
2. VEHICLE USE. (a) The Lessee shall not use or permit any leased
vehicle to be used for any illegal purpose or for the transportation of any material
deemed extra hazardous by reason of being explosive or flammable. The Lessee
shall reimburse the Lessor for all damages sustained by the Lessor as a result of such
use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any
governmental agency, or other expense incurred as a result thereof, whenever such
confiscation or expense is caused by the illegal use of such vehicle by the Lessee.
(b) Without the permission of the Lessor, the Lessee shall not leave the
State of Iowa with the leased vehicle.
(c) The Lessee shall not overload the leased vehicle beyond its specified
carrying capacity nor operate the vehicle on flat or insufficiently inflated tires.
- 1 -
Page 17 of 227
(d) The Lessor shall not be responsible for loss or damage to any goods or
other property placed or carried in any leased vehicle arising from any cause
whatsoever.
(e) The Lessee shall not accrue more than 4,000 miles on the vehicle in any
six (6) month period.
3. OPERATION. (a) The leased vehicle shall be operated by a safe,
competent, and duly licensed driver selected, employed, and under the supervision of,
and paid by the Lessee. Upon the Lessor's complaint specifying any reckless,
careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate
the complaint, and if warranted, remove the driver and replace him or her with a
competent substitute.
(b) The Lessee and its drivers shall be solely responsible for individual fines
and penalties for parking or traffic violations. If the Lessor is required to pay any fine
or summons, it may bill the Lessee for them.
4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of
maintaining the leased vehicle in good and operating condition. If the necessary
repairs exceed the amount of $100.00 in any one given month, the Lessee will first
consult the Lessor whose written instructions with regard to repair will be followed.
5. LIABILITY. The Lessee shall be liable for all damages caused by
collision, upset, or overturn of the leased vehicle and all damaged caused by each
instance of a hazard covered under standard comprehensive fire and theft coverage.
6. INSURANCE. (a) The Lessee, at its own expense shall insure the
leased vehicle against all loss and carry liability insurance in limits of not less that
$1,000,000 for any one person injured or killed, not less than $1 ,000,000 for more than
one person in any one accident and not less than $100,000 for damage to property of
others in any one accident.
(b) The Lessee shall comply with all the terms and conditions of the
insurance policies covering the leased vehicle and give the Lessor and the appropriate
insurance carrier, within 24 hours of any accident involving a leased vehicle, a written
report of such accident. The Lessee shall cooperate with the insurance carrier and the
Lessor in the prosecution and defense of any and all claims arising out of the use of
the leased vehicle.
(c) The parties agree that the comprehensive coverage of the policy as to
collision and other damages may be provided by the Lessee through its own self-
insured program.
- 2 -
Page 18 of 227
7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall:
(a) Notify the Lessor immediately as to any damage caused to the leased
vehicle;
(b) Periodically wash the leased vehicle, and keep it clean, both inside and
out;
(c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants
for its operation;
(d) Check the leased vehicle for antifreeze and oil and add, if necessary; the
Lessee will be solely responsible for damages caused by lack of oil,
lubricants, or antifreeze;
(e) Check the tires of the vehicle for proper inflation; the Lessee will be
solely responsible for tire damage due to improper inflation;
(f) Carry sufficient Workers' Compensation or other work-related
injury/disability insurance coverage for the Lessee's drivers and other
employees operating the leased vehicle.
8. LICENSE AND REGISTRATION. The leased vehicle shall bear a
license plate, and title to it shall be registered in the name of the Lessor. All expenses
incurred in licensing and registering the leased vehicle shall be borne by the Lessee.
Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title,
lease agreement, application for registration, and state plates to the Iowa Department
of Transportation.
9. OWNERSHIP. This is a lease contract only and the Lessee acquires no
ownership, title, property rights, or interest in or to the leased vehicle, except that
which is consistent with the provisions of this Lease Agreement.
10. RETURN. Upon the termination of this lease, the leased vehicle, at the
expense of the Lessee shall be returned to the Lessor's place of business in good
condition, reasonable wear and tear excepted. Lessee will be responsible for removal
of any logos added to the vehicle.
11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at
all times to inspect and examine the leased vehicles and permit the Lessor at any time
to replace any such vehicle with one of like make and body.
12. EXTENSION OF THE LEASE TERM. On June 14th 2021, the Lessor
may opt to extend the lease by an express written amendment to this Lease
Agreement. If the Lessor does not exercise the option, the lease will terminate and the
City shall return to the Lessor the vehicle excluding ordinary wear and tear for the
- 3 -
Page 19 of 227
purpose which it is used. The Lessor agrees that the City may affix the SRO (School
Resource Officer) logo by paint or otherwise and any other body and paint
modifications approved by the Lessor at the time of the initiation of this lease
agreement.
13. Without the prior permission of the Lessor, the Lessee shall not be
permitted to assign or sublet the vehicle.
14. WAIVER. The failure of either party in any one or more instance to insist
upon the performance of any of the terms, covenants, or conditions of this lease, or to
exercise any right or privilege in this lease conferred, or the waiver of any breach of
any of the terms, covenants, or conditions of this lease, shall not be construed as
thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of
which shall continue and remain in full force and effect, as if no such forbearance or
waiver had occurred.
15. INDEMNITY. The Lessor does not assume any liability for any acts or
omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee
hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless
from any and all claims against the Lessor of any kind or nature whatsoever, arising
out of or resulting from the use and/or operation of the leased vehicle by the Lessee,
including any expenses and attorney's fees which the Lessor may incur in defending
any such claims, except such claims or portions thereof as are covered by applicable
insurance as otherwise herein provided.
16. BINDING EFFECT. This lease shall be binding upon and inure to the
benefit of the parties hereto, their successors, legal representatives, and assigns. The
Lessee may not assign, pledge, or otherwise encumber this lease or any interest
therein or sublet the leased vehicle without the Lessor's written consent, nor shall the
Lessee encumber or otherwise cause any lien to be placed against the leased
vehicles, or abandon or conceal the leased vehicles.
17. ENTIRE AGREEMENT. This lease represents the entire agreement
between the parties. All prior negotiations have been merged into this lease and there
are no understandings, representations, or agreements, oral or written, express or
implied, other than those set forth herein. This lease shall not be modified or amended
except by an agreement in writing signed by the parties.
18. NOTICES. All notices required to be given under the terms of this lease
shall be in writing and shall be sent by United States registered mail or certified mail
addressed to the party to be notified at its address as above stated. For the Lessee,
Chief of Police or Captain Mohlis, Waterloo Police Department, 715 Mulberry Street,
Waterloo, Iowa, 50703, telephone number (319) 291-4339. For the Lessor, George
Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington
Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321.
-4 -
Page 20 of 227
19. GOVERNING LAW. This lease shall in all respects be governed by and
construed in accordance with the laws of the State of Iowa.
20. HEADINGS. Headings in this lease are for convenience only and shall
not be used to interpret or construe its provisions.
21. COUNTERPARTS. This lease may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused these presents to be
executed the day and year first written above.
DATED this 14th of December, 2020.
CITY OF WATERLOO, IOWA
The Lessee
By:
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
STATE OF IOWA )
ss:
BLACK HAWK COUNTY )
On this _14th December 2020, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to
me personally known, and who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal
affixed to the foregoing instrument is the corporate sale of the corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City
Council as contained in the Resolution adopted by the City Council, under Council
Action No. of the City Council on the 14th day of
December 2020, and that Quentin M. Hart and Kelley Felchle acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
- 5 -
Page 21 of 227
C & S CAR COMPANY HYUNDAI MAZDA
SUBARU
The Lessor
By:
STATE OF IOWA )
ss:
BLACK HAWK COUNTY )
On this 14th_ day of December, 2020, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally
known, and who, being by me duly sworn, did say that they are the
and , respectively, of said
corporation executing the within and foregoing instrument, that (no seal has been
procured by the said) (the seal affixed thereto is the seal of said) corporation; that said
instrument was signed (and sealed) on behalf of said corporation by authority of its
Board of Directors; and that the said and
as such officers acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
Notary Public in and for the State of Iowa
- 6 -
Page 22 of 227
CITY OF WATERLOO
Council Communication
Resolution accepting the Office of Healthy Homes and Lead Hazard Control Grant, in the amount of
$3,384,678, and authorizing the Mayor to execute said document.
City Council Meeting: 12/14/2020
Prepared: 12/4/2020
ATTACHMENTS:
Description Type
❑ Award letter 2020 Backup Material
❑ HUD 1044 Backup Material
❑ Terms and Conditions Backup Material
Resolution accepting the Office of Healthy Homes and Lead Hazard
SUBJECT: Control Grant, in the amount of$3,384,678, and authorizing the Mayor
execute said document.
Submitted by: Submitted By:Rudy D. Jones, Community Development Director
Accept the lead grant and authorize Mayor to sign the grant agreement
offered to the City of Waterloo by the United States Department of Housing
and Urban Development for the amount of$3,384,678 for a 42 month
period.
Recommended Action:
Page 23 of 227
Expenditure Required: The match will include funds from Community Development Block Grant
funds in the amount of$314,802.03
Source of Funds: Office of Healthy Homes and Lead Hazard Control Grant from United
States Department of Housing and Urban Development
The City of Waterloo Community Development Office applied for this grant
in August of 2020 and was awarded in September 2020. The 42-month
Background Information: grant will be instrumental in helping rehabilitate homes and rental properties
by removing lead hazards in homes with children under the age of six.
A partnership with Black Hawk County Health has been formed.
Page 24 of 227
PSMENT,
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
oL IIIIIIII �� WASHINGTON,DC 20410-3000
9e4N DEVf OQ
OFFICE OF LEAD HAZARD CONTROL
AND HEALTHY HOMES
October 01, 2020
Angie K. Fordyce
Coordinator
City of Waterloo
Black Hawk County
620 Mulberry St. Ste. 202
Waterloo,IA 50703-5713
Dear Angie K. Fordyce:
The Department of Housing and Urban Development is pleased to announce that your
application submitted in response to the Office of Lead Hazard Control and Healthy Homes
(OLHCHH) Fiscal Year 2020—Lead Based Paint Hazard Reduction Grant,Notice of
Funding Availability has been selected for a grant with the U.S. Department of Housing and
Urban Development.
The OLHCHH's goal is to start the negotiation process on October 1, 2020 and to fully
execute the grant before December 1, 2020. There will be a negotiation team that includes a
Grant Officer and a Government Technical Representative (GTR)that will be negotiating and
executing your grant. Your negotiation team will contact you shortly to begin the negotiation
process. The negotiation process consists of a meeting to review the following:
1. Budget and Budget Narrative detail review- Please refer to Policy Guidance, PGI-
2015-01 —"Clarification of costs for LHRD and LBPHC grant programs"
2. Development of your workplan
3. OLHCHH Fiscal Year 2020 Terms and Conditions
4. Final Negotiation Questions—Discussion of responses to the questions
The following Grantee staff that are required to attend the negotiation meeting and
upcoming training are the authorizing official or a representative, day to day program manager,
program director, designated fiscal officer, and procurement officer. These staff members should
be from the primary grantee agency. Sub recipients and pass through entities are welcome to
attend at the primary grantee discretion.
Your identified Point of Contact and Authorizing Official will be contacted in the next
few days by the negotiation team to identify a set of dates that you will make your team available
to complete the negotiation process. If your program manager position was identified as vacant
in your application, the program application contact will be contacted to provide this
information.
www.hud.gov espanol.hud.gov
Page 25 of 227
All awardees are required to attend the FY' 2020 New Grantee Orientation (NGO) which
will be held virtual. More details will be provided soon.
Again, Congratulations! We look forward to assisting you in implementing the program so
that,together,we can protect children from residential lead-based paint,health and safety hazards.
Sincerely,
1
Oscar V.Franklin
Grants Officer
cc: Program Manager
Aaron Mitchell,GTR
Page 26 of 227
Assistance Award/Amendment U.S.Department of Housing and
Urban Development
Office of Administration
I,Assistance Instrument 2,Type of Action
❑Cooperative Agreement ®Grant ❑Award ®Amendment
3.Instrument Number T4.Amendment Number 5,EfPeclive Date of this Action 6.Control Number
IALHBO766-20 See Blocl(#20
7.Name and Address of Recipient 8.HUD Administering Office
City of Waterloo HUD,Office of Lead Hazard Control and Healthy Homes
Black Hawk County 451 Seventh Street,SW
620 Mulberry St. Ste. 202 Room 8236
Waterloo, IA 60703-5793 Washington,DC 20410
Ba.Natne of Administrator 8b.Telephone Number
Oscar FI-Alddili (202)402-4897
10.Recipient Project lvfimager 9.HUD Government Technical Representative
Matt Chestnol•e,Inatl.cllesntorer waterloo-in.or=,(31.9)291-4429 Aaron Mitchell,Acron.'1'.Mitellell.r hud.gov,202-402-2289
11.Assistance Arrangement l2.Payment Method 13.HUD Payment Office
®Cost Reimbursement ❑Treasury Check Reimbursement U.S.Dept,of I-ILIp
❑Cost sharing ❑Advance Clieck CFO Accounting Center,6AF
❑Fixed Price ®Automated Clearinghouse 801 Cherry St.,Unit#45 Ste.2500
Fort Worth,TX 76102
14.Assistance Amount 15.HUD Accounting and Appropriation Data
Previous HUD Amount Lead $2,684,678.00 15b.Reservation number
8620/220174-20LRLHILRLHR=52,684,678.00 LHC 20-3
....................... .HHO ........... .$700 000,00 86191200174-19LRHH/LRHHI= $700,000.00 l
HUD Amount this action $0,00
..,.,••••.•.••.•........._,...•.,,,•................................••,.••.•,.•.••.• ..............,..,,.,•„•...•,.•.,,............... V
Total HUD Amount $3,384,678.00 Amount Previously Obligated Lead $2,684,678.00 i
HHO $700,000.00
................................................•.....•..•••••.•.....•..••.•••••.•..•.........,,...,•.,...•.••.,•.•..............••....•......•I.....•••..'............•.•...,........,,.•.......•......................•..,...•,••.....................................•..,,.....,..•,•...............................................-...................................
Recipient Amount $314,802.03 Obligation b this action
........................................................•................-..............•.........................................•.......................................................... .................,..................Y....................•............................................•...,..........................................................$0.00......
Total Instrument Amount $3,775,788-00 Total Obligation $3,384,678.00
16.Description
EMPLOYER IDENTIFICATION:42-6005327 DUNS:0780810310000 PROGRAM: LFIB/HHO �
This instrument sets forth the agreement between the parties as to alI terms and conditions and provisions herein. By signing this award
document,the Grantee certifies that it is in compliance with all administrative and financial provisions of this award.This grant instrument
consists of the following,some of which are incorporated by reference:
1. Cover Page,HUD 1044
2. Schedule of Articles/FY 2020 Terms and Conditions SII
3. Statement of Work/Work Plan/Benchmark Standards
4. Lead Hazard Control Program Policy Guidance Issuances"PGI-2015-01-Clarification of Costs for LHRD and LBPHC Grant Programs"
5. Grantee's financial and technical proposal
6. Mutually agreed and negotiated proposal changes
7. Abstract of grant activities
8, TITLE 2:GRANTS AND AGREEMENTS-PART 200—UNIFORM ADMINISTRATIVE RE UIREMENTS COST PRINCIPLES AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS hl[pliwwu.ccfr.un�'ft}i-6inr[c�l-id?unci{_''I 1 2 1,1
9. Notice of Grant Opportunity announced in GRANTS•GOV(FR-6400-N-13)—Posted date:07/22/2020
htto,/Iwww.grants.aov/web/grants/view-oppprtp nitv.htmiZoopld-328297
Period of Performance:January 04,2021—July 03,2024-42 months
17. ® Recipient is required to sign and return three(3)copies 18.❑ Recipient is not required to sign this document,
of this document to the HUD Administerinp Office
19.Recipient(By Name) 20.HUD(By Name)
,J e �,i n -,e.C--� OSCAR V.FRANKLIN
Signature&Title d !a^
Signature& title Date(mm/dd/yyyy)
-2 12/01/2020Date(mm/dd/yyyy)
form HUD-1044(8/90)
Page 27 of 227
*Q� EN*gyp U.S. Department of Housing and Urban Development
Office of Lead Hazard Control and Healthy Homes
OFFICo I`II�III w OF
8 I i LEAS HAZARD CONTROL
AND HEALTHY HOMES
Lead-Based Paint Hazard Reduction Grant Program
Fiscal Year 2020 - Terms and Conditions
TABLE OF CONTENTS
GENERAL
A. Introduction
B. Updates to the OMB Guidance on Grants and Cooperative Agreements
C. Overview of Award Implementation
D. Definitions
E. Federal Funding Accountability and Transparency Act (FFATA)
F. English Language
G. Code of Conduct
H. Determining Subrecipient or Contractor Classification
I. Procurement Standards
J. Treating Zero-Bedroom Pre-1978 Units with a Child under Age 6 under Lead Hazard Control
Grant
PROGRAM REQUIREMENTS
1. Administrative Costs
2. Administrative Requirements
3. Advance Payment by Treasury Check or Electronic Funds Transfer
4. Allowable Costs
5. Amendments
6. Amount of Cost Share (Estimated Cost and Payment—Matching)
7. Budget
8. Certifications and Assurances
9. Changes to Award Agreement
10. Closeout
11. Conduct of Work
12. Collection of Data
13. Contact Information Updates
14. Copyrights
15. Direct Costs
16. Disputes
17. Estimated Cost and Payment—Line of Credit Control System(LOCCS)
18. Equipment
19. Flow Down Provisions
20. Grantee Lead Certification Program Requirement
21. Single Audit Reporting Requirements
1
Page 28 of 227
22. HUD's Right to Audit and Disallow Cost and Recover Funds
23. Incurrence of Costs
24. Indirect(F&A) Cost Rate
25. Inspection and Acceptance
26. Key Personnel
28. Liability Insurance Limitation of Consultant Payments
29. Limitation on Payments to Influence Certain Federal Transactions
30. Lobbying Activities Prohibition
31. Grant Deliverables
32. Order of Precedence
33. Patent Rights (Small Business Firms and Nonprofit Organizations)
34. Period of Performance and Extensions
35. Pre-award Costs
36. Profit/Fee
37. Program Income
38. Project Management System
39. Publications and News Releases
40. Release of Funds and Environmental Certification
41. Review of Deliverables
42. Sanctions
43. Scope of Services
44. Special Conditions
45. Suspension and Termination (For Cause)
APPENDIX 1 -List of Actions Due
APPENDIX 2—Updates to the OMB Guidance on Grants and Cooperative Agreements
2
Page 29 of 227
GENERAL
A. Introduction
This instrument is governed by the Office of Management and Budget's (OMB)Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(commonly called "Uniform Guidance" or referred to as 2 CFR Part 200). The Uniform Guidance—a
"government-wide framework for grants management" —is an authoritative set of rules and
requirements for Federal awards that synthesize and supersedes guidance from earlier OMB circulars.
The Guidance was drawn from OMB Circulars A-21, A-87, A-110, A-122 A-89, A-102, A-133,
A-50.
In this-instrument, Recipient refers to the "grantee", and these two terms are used interchangeably
throughout this document. The Grant (also referred to as an award document) consists of the form
HUD-1044, including any special conditions, and these Grant Provisions. Recipients must review
their official award document for additional administrative and programmatic requirements.
The recipient and any sub-recipient must comply with the applicable Terms and Conditions outlined
below. Except as noted otherwise, these Terms and Conditions apply to all grant programs (LHC,
LHRD and Tribal, Technical Studies, etc.) administrated by the Office of Lead Hazard Control and
Healthy Homes (OLHCHH). Also, recipients should review the separate OLHCHH Grant Program
Policy Guidance applicable to each program.
By acceptance of the grant award, each recipient/grantee agrees to comply with these requirements.
Failure to comply with the general terms and conditions outlined below and those directly reflected
on the official assistance award document may result in enforcement actions as outlined in 2
CFR§200.339 and §200.340.
B. Updates to the OMB Guidance on Grants and Cooperative Agreements
On August 13, 2020, the Office of Management and Budget (OMB) issued its Final Guidance on
amendments to the OMB Guidance for Grants and Agreements The revisions incorporate current goals
and initiatives of the Administration, statutory requirements, and clarifications of existing requirements.
The revisions were extensive therefore to highlight the parts of the revisions that impact the OLHCHH
Lead-Based Paint Hazard Control, Lead Hazard Reduction Demonstration, and&Lead Hazard
Reduction grant programs,we have provided Appendix 2 to the FY 2020 Terms and Conditions. We
strongly encourage recipients to review the FY 2020 Terms and Conditions as well as OMB's revisions
in their entirety.Nonetheless, OLHCHH addressed several of the most noteworthy changes in
Addendum 2.
Please note that citations to the Code of Federal Regulations (CFR) reflect changes described in the
OMB's Final Guidance. Except for amendments to 2 CFR 200.216 and 200.340 that were effective
August 13, 2020, these revisions are effective November 12, 2020. Recipients will be responsible for
complying with those revisions once in effect.
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C. Overview of Award Implementation
This instrument reflects the acceptance of the proposed budget, key personnel and partners, and basic
conditions of the Applicant's awarded general proposal, or any subsequent revision, submitted in
response to the Notice of Funding Availability (NOFA) for the Department of Housing and Urban
Development, Office of Lead Hazard Control and Healthy Homes Grant Programs for the NOFA
indicated on the form HUD-1044 cover page. A final budget, work plan, and benchmarks will be
developed, accepted, and incorporated with the form HUD 1044 within 60 days of the award notice. As
a condition of accepting the grant award, the Grantee and sub-recipients, as applicable, agree to the
submit the following: a final negotiated work plan, with deliverables/outcomes measures,prioritization
plan, targeted areas of program implementation, and policy and procedures for how the grant will be
administered in the community. This should be summarized in the healthy homes grant management
system (HHGMS)within 60 calendar days of the Period of Performance start date (form HUD-1044).
These revisions shall update the general/basic plan submitted with the proposal and include any
negotiated changes to the work plan benchmarks and budget. If identified issues are not addressed
satisfactorily, the Grantee's grant may be terminated based on failure to successfully conclude
negotiations or to provide HUD with the requested information, in accordance with the General Section
of the NOFA for which the Grantee applied. A Grantee whose work plan includes conducting activities
that physically alter the dwelling or its property, such as lead hazard control or other healthy homes
interventions,will not be allowed to draw down funds before the completion of a satisfactory
environmental review by the appropriate HUD Environmental Officer and its receipt of an approved
Request for Release of Funds and Certification, as prescribed within this agreement. See OLHCHH
Policy Guidance 2008-03 for further details.
D. Definitions
The following terms and definitions are in accordance with 2 CFR Part 200 and the HUD Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing, and applicable Notices of
Funding Availability.
Allocable Costs as defined in 2 CFR §200.405, costs that are allocable to a particular cost
objective if the goods or services involved are chargeable or assignable to such cost objective in
accordance with relative benefits received. This standard is met if the cost: (1) is incurred
specifically for the Federal award; (2)benefits both the Federal award and other work of the
Grantee and can be distributed in proportions that may be approximated using reasonable
methods; and(3) is 3 necessary to the overall operation of the Grantee and is assignable in part
to the Federal award in accordance with the principles in 2 CFR Part 200, subpart E—Cost
Principles. All activities that benefit from the Grantee's indirect costs, including unallowable
activities and services donated to the Grantee by third parties, will receive an appropriate
allocation of indirect costs. Any cost allocable to a Federal award or cost objective may not be
charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by
law or terms of the Federal awards, or for other reasons.
Approving Official(Also known as "Coordinator'9 is a Secure Systems administrator who
manages the organization's "users" in Secures Systems. Responsibilities include assigning
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Secure Systems LOCCS roles to themselves and users. Approving Officials will use eLOCCS to
re-certify their staff every 6 months, therefore Approving Officials will also need to register for
an ID in Secure Systems like the coordinator. For more information visit eLOCCS Access
Guidelines for Grantees.
Authorized Representative or Official(Commonly referred to as the Authorizing Official
or AO) is the official at the operational level who has the responsibility for the full measure
of the mission and the authority to obligate funds to support the grant from the primary
recipient.
• Assistance Award/Amendment--HUD 1044 (Grant)—Authorized Representative (our
Office also uses the term Authorized Official). The HUD 1044 is also used for changes
in key personnel, etc., and primary contact/recipient of the quarterly assessment report).
21. Authorized Representative: To be signed and dated by the authorized representative
of the applicant organization. Enter the first and last name (Required),prefix, middle
name, suffix. Enter title, telephone number, email (Required), and fax number.
• A copy of the governing body's authorization for you to sign this application as the
official representative must be on file in the applicant's office. (Certain federal agencies
may require that this authorization be submitted as part of the application.) - Form SF
424, Application for Federal Assistance
Bureau of Indian Affairs is a bureau of the U.S. Department of the Interior that provides
services (directly or through contracts, grants, or compacts) to American Indians and Alaska
Natives, and is responsible for the administration and management of certain surface acres
and subsurface minerals estates held in trust by the U.S. for American Indian, Indian tribes,
and Alaska Natives.
Certifying Officer means under the terms of the certification required by 24 CFR §58.71, a
responsible entity's certifying officer is the "responsible Federal official" as that term is used in
section 102 of the National Environmental Policy Act (NEPA) and in statutory provisions cited
in 24 CFR §58.1(b). The Certifying Officer is therefore responsible for all the requirements of
section 102 of NEPA and the related provisions in 40 CFR parts 1500 through 1508, and 24
CFR part 58, including the related Federal authorities listed in 24 CFR§58.5. The Certifying
Officer must also:
• Represent the responsible entity and be subject to the jurisdiction of the Federal
courts. The Certifying Officer will not be represented by the Department of Justice in
court and;
• Ensure that the responsible entity reviews and comments on all environmental
impact statements prepared for Federal projects that may have an impact on the
recipient's program.
Commercial and Government Entity(CAGE) Code is a unique identifier assigned to
suppliers to various governments, as well as to Federal Agencies and various organizations.
CAGE codes provide a standardized method of identifying a given facility at a specific
location.
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Contract means a legal instrument by which a non-Federal entity purchases property or
services needed to carry out the project or program under a Federal award. The term as used
in 2 CFR Part 200 and these Terms & Conditions do not include a legal instrument, even if
the non-Federal entity considers it a contract when the substance of the transaction meets the
definition of a Federal award or sub-award(see §200.92 Sub-award).
Contractor means an entity that receives a contract as defined in 2 CFR §200.22
Contract
Direct Costs are those costs that can be identified specifically with a particular final cost
objective, such as a Federal award, or other internally or externally funded activity, or that can
be directly assigned to such activities relatively easily with a high degree of accuracy.
Typical direct costs chargeable to Federal awards are:
• Compensation of employees for the time devoted and identified specifically to the
performance of those awards;
• Cost of materials acquired, consumed, or expended specifically for the awards;
• Equipment and other approved capital expenditures;
• and travel expenses incurred specifically to carry out the award.
Any direct cost of a minor amount may be treated as an indirect cost for reasons of
practicality where such accounting treatment for that item of cost is consistently applied to
all cost objectives. A cost may not be assigned to a Federal award as a direct cost if any
other cost incurred for the same purpose in like circumstances has been allocated to the
Federal award as an indirect cost. Refer to the Notice of Funding Availability(NOFA) for
specific information regarding what constitutes Direct Costs for you and any
applicable programmatic requirements you must adhere to.
Disallowable Costs means those charges to an award that HUD determines to be
unallowable, in accordance with the applicable Federal cost principles or other terms and
conditions contained in the award.
General Purpose Equipment means equipment that is not limited to research, medical,
scientific, or other technical activities. Examples include office equipment and furnishings,
modular offices, telephone networks, information technology equipment and systems, air
conditioning equipment, reproduction and printing equipment, and motor vehicles.
Government Technical Representative(GTR)means the HUD Official who is
responsible for the technical administration of the grant,the evaluation of performance
under the grant the acceptance of technical reports or projects, and other such specific
responsibilities as may be stipulated in the grant.
Grant Award(Federal Award)means the award document consisting of the HUD-
1044, including any special conditions.
Grantee (or Recipient) means an entity, usually but not limited to non-federal entities that
receive a Federal award directly from the Federal awarding agency. The term recipient does
not include sub-recipients or individual beneficiaries of the award.
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Grant Officer means the official authorized by HUD to execute and/or administer this grant.
Guidelines refer to the definitions, standards, and information contained in the latest edition
of the "Guidelines for the Evaluation and Control of Lead-Based Paint in Housing."The
Guidelines are incorporated by reference to the grant.
HHGMS is the Healthy Homes Grant Management System. The OLHCHH online data
management system that allows processing administrative, technical actions, and quarterly
reporting among the Grantee, Government Technical Representative, and Grant Officer.
HUD means the U.S. Department of Housing and Urban Development.
Indian Health Service is an agency within the U.S. Department of Health and Human Services
that is responsible for providing federal health services to American Indians and Alaska
Natives is the principal federal health care provider and health advocate for Indian people and
provides a comprehensive health service delivery system for American Indians and Alaska
Natives.
Indirect Costs are those that have been incurred for common or joint purposes. These costs
benefit more than one cost objective and cannot be readily identified with a particular final cost
objective without effort disproportionate to the results achieved. After direct costs have been
determined and assigned directly to Federal awards and other activities as appropriate, indirect
costs are those remaining to be allocated to benefitted cost objectives. A cost may not be
allocated to a Federal award as an indirect cost if any other cost incurred for the same purpose, in
like circumstances, has been assigned to a Federal award as a direct cost. Indirect costs are
generally charged to Federal awards through the development and application of an indirect cost
rate (ICR).
• To recover indirect costs related to Federal awards, organizations must negotiate an ICR
with the cognizant federal agency for indirect costs and present the negotiated and active
ICR agreement to HUD; or
• A recipient(other than a governmental department or agency unit receiving more than
$35 million in direct Federal funding) can elect to accept a 10% de minimis indirect cost
rate of modified total direct costs (MTDC). No documentation is required to justify the
10% de minimis rate.; or
• If the non-federal entity is a States, Local Government, or Indian Tribe and they receive
less than $35 million in direct Federal funding; or
• Each Indian tribal government desiring reimbursement of indirect costs must submit its
indirect cost proposal to the Department of the Interior(its cognizant agency for indirect
costs) and present the negotiated and active ICR to HUD.
Requirements for development and submission of indirect(F&A)cost rate proposals and cost allocation
plans are contained in Appendices III-VII and Appendix IX of 2 CFR Part 200 as follows:
(1)Appendix III to Part 200-Indirect(F&A)Costs Identification and Assignment, and Rate
Determination for Institutions of Higher Education(IHEs).
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(2)Appendix IV to Part 200 -Indirect(F&A) Costs Identification and Assignment, and Rate
Determination for Nonprofit Organizations.
(3)Appendix V to Part 200- State/Local Governmentwide Central Service Cost Allocation Plans.
(4)Appendix VI to Part 200 -Public Assistance Cost Allocation Plans.
(5)Appendix VII to Part 200—States, Local Government, and Indian Tribe Indirect Cost Proposals.
(6)Appendix IX to Part 200 -Hospital Cost Principles.
Line of Credit Control System (LOCCS) is HUD's primary grant and subsidy disbursement
system that handles disbursement and cash management for most HUD grant programs.
Organizations and individuals have access to these grants through an internet version of
LOCCS called eLOCCS, where Business Partners with appropriate authorization can access,
manage, and drawdown against their HUD grant portfolios. For more information visit
eLOCCS Access Guidelines for Grantees
Modified Total Direct Cost(MTDC)means all direct salaries and wages, applicable fringe
benefits, materials and supplies, services, travel, and up to the first$25,000 of each sub-award
(regardless of the period of performance of the sub-awards under the award). MTDC excludes
equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships,participant support costs, and the portion of each sub-award more
than $25,000. Other items may only be excluded when necessary to avoid a serious inequity in
the distribution of indirect costs, and with the approval of the cognizant agency for indirect
costs.
Must(or Shall) means a mandatory requirement of the Terms and Conditions in
association with the form HUD-1044 for the grant. "NOFA"means the Notice of Funding
Availability that announced the availability of funding for this award.
Non-Federal Entity means a state, local government, Indian-Tribe, Institution of Higher
Education(IHE), or Nonprofit Organization that carries out a Federal award as a Recipient or
Subrecipient.
OLHCHH means the HUD Office of Lead Hazard Control and Healthy Homes.
Partner or Partnership is identified as a Subgrantee or Contractor that has an arrangement in
which skills, services, or resources are shared in accordance with the partnership agreement to
meet the goals of the grant.
Pass-Through Entity means a non-Federal entity that provides a sub-award to a
subrecipient to carry out part of a Federal program.
Publication includes: (a) any document containing information for public consumption; or (b)
the act of, or any act which may result in, disclosing information to the public.
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Research means a systematic study directed toward fuller scientific knowledge or
understanding of the subject studied. "Development" is the systematic use of knowledge and
understanding gained from research directed toward the production of useful materials,
devices, systems, or methods, including design and development of prototypes and processes.
Should mean the best practices or recommended approach of the Terms and Conditions in
association with the form HUD-1044 for the grant.
Standard Form-424 (SF-424) - the application for Federal assistance programs required by
discretionary grant programs.
Sub-award means an award provided by a pass-through entity to a subrecipient for the
subrecipient to carry out part of a Federal award received by the pass-through entity. It does not
include payments to a contractor or payments to an individual that is a beneficiary of a Federal
program. A sub-award may be provided through any form of legal agreement, including an
agreement that the pass-through entity considers a contract.
Subrecipient or Subgrantee means a non-Federal entity that receives a sub-award from a pass-
through entity to carry out part of a Federal program but does not include an individual that is a
beneficiary of such program. A subrecipient may also be a recipient of other Federal awards
directly from a Federal awarding agency.
Tribally designated housing entity(TDHE)has the meaning as defined in section 4 of the
Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. § 4101 et
seq.) (NAHASDA), specifically, at 24 U.S.C. § 4103(22).
Tribal Housing means housing owned by a person who is an"Indian," as that term is defined
by HUD in its definitions for its regulations on loan guarantees for Indian housing (24 CFR
1005.103), namely, any person recognized as being Indian or Alaska Native by an Indian tribe,
the Federal Government, or any State, and which includes the term"Native American".
E. Federal Funding Accountability and Transparency Act of 2006 (FFATA)
The Federal Funding Accountability and Transparency Act(FFATA) of 2006 (Public Law 109-282)
requires disclosure of all entities and organizations receiving federal funds through a single publicly
accessible website, USASpending.gov. USASpending.gov includes information on each federal
financial assistance award and contract over$30,000, including such information as:
1. The name of the entity receiving the award
2. The amount of the award
3. Information on the award including transaction type, funding agency, etc.
4. The location of the entity receiving the award
5. A unique identifier of the entity receiving the award; and
6. Names and compensation of highly compensated officers (as applicable)
Recipient Reporting. Recipients and other prime awardees of HUD financial assistance are
required to report sub-awards on the Federal Sub-award Reporting System (FSRS)
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websitewww.FSRS.2ov. Prime financial assistance awardees receiving funds directly from HUD are
required to report sub-awards and executive compensation information both for the award and sub-
awards, where both the initial award is $30,000 or greater or the cumulative award will be $30,000 or
greater if funding incrementally as directed by HUD in accordance with OMB guidance. The reporting
of award and sub-award information is in accordance with the requirements of the FFATA, as amended
by section 6202 of Public Law 110-252, and OMB Guidance issued to the Federal agencies on
September 14, 2010 (75 FR 55669) and in OMB Policy guidance. The prime awardee will have until the
end of the month plus one additional month after a sub-award is obligated to fulfill the reporting
requirement.
The Grantee shall submit the Federal Financial Report (FFR) - Standard Form 425 for each project or
program annually. A final FFR shall be required after the award agreement and shall use the end date
of the project or grant period as the reporting end date.
HUD requires recipients to submit the FFR no later than 90 calendar days after the end of each specified
reporting period for annual reports. Final reports shall be submitted no later than 90 days after the
project or grant period end date. Extensions of reporting due dates may be approved by HUD upon
request of the recipient.
For more information on FFATA Reporting visit FSRS, USASpending.t!ov, and HUD's Grants
Information webpage.
F. English Language
The English language will be used in the 2020 Terms and Conditions as defined in 2 CFR §200.111:
a. All Federal financial assistance announcements and Federal award information must be in the
English language. Applications must be submitted in the English language and must be in the
terms of U.S. dollars. If the Federal awarding agency receives applications in another
currency, the Federal awarding agency will evaluate the application by converting the foreign
currency to United States currency using the date specified for receipt of the application.
b. Non-Federal entities may translate the Federal award and other documents into another language. In
the event of inconsistency between any terms and conditions of the Federal award and any
translation into another language,the English language meaning will control. Where a significant
portion of the non-Federal entity's employees,who are working on the Federal award, are not fluent
in English,the non-Federal entity must provide the Federal award in English and the language(s)
with which employees are more familiar.
G. Code of Conduct
1. Code of Conduct for HUD Grant Programs -All Federal award recipients, except
states, and all sub-recipients under Federal awards must have a code of conduct(or
written standards of conduct) for procurements that meet all requirements in 2 CFR
200.318(c). Each applicant selected for an award(other than a state)must ensure an up-
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to-date copy of the organization's code of conduct, dated and signed by the Executive
Director, Chair, or equivalent official, of the governing body of the organization, is
available in HUD's Code of Conduct e-library. Applicants can check the Code of
Conduct List at Code of Conduct for HUD Program to confirm if HUD has
determined their Code of Conduct complies with 2 CFR §200.318(c)(1). HUD does not
collect or review state codes of conduct for compliance with 2 CFR 200.318(c).
Instead, each state must follow the same policies and procedures for procurements
under Federal awards that the state uses for procurements from its non-Federal funds,
as provided in 2 CFR 200.317.
2. Conflict of Interest (COI) as defined by 2 CFR §200.112, means the non-Federal entity
must disclose in writing any potential conflict of interest to the Federal awarding agency or
pass-through entity in accordance with applicable Federal awarding agency policy.
3. Other Conflicts of Interest- In all cases not governed by 2 CFR 200.317 and 200.318(c),
all recipients and sub-recipients must comply with the conflict of interest requirements in the
applicable program regulations. If there are no program-specific regulations for the award,
the following conflict of interest requirements apply in all cases not governed by 2 CFR
200.317 and 200.318(c):
i. General prohibition.No person who is an employee, agent, consultant, officer, or
elected or appointed official of the recipient or subrecipient and who exercises or
has exercised any functions or responsibilities with respect to assisted activities, or
who is in a position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a financial interest or benefit
from the activity or have an interest in any contract, subcontract, or agreement with
respect thereto, or the proceeds thereunder, either for himself or herself or for those
with whom he or she has immediate family or business ties, during his or her tenure
or for one year thereafter. Immediate family ties include (whether by blood,
marriage, or adoption) the spouse, parent(including a stepparent), child(including
a stepchild), brother, sister(including a stepbrother or stepsister), grandparent,
grandchild, and in-laws of a covered person.
ii. Exceptions. HUD may grant an exception to the general prohibition in paragraph (i)
upon the recipient's written request and satisfaction of the threshold requirements in
paragraph(iii), if HUD determines the exception will further the Federal purpose of
the award and the effective and efficient administration of the recipient's program or
project, taking into account the cumulative effects of the factors in paragraph(iv).
iii. Threshold requirements for exceptions. HUD will consider an exception only after the
recipient has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that
there has been a public disclosure of the conflict and a description of how
the public disclosure was made; and
b. An opinion of the recipient's attorney that the interest for which the
exception is sought would not violate State or local law.
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iv. Factors to be considered for exceptions. In determining whether to grant a requested
exception after the recipient has satisfactorily met the threshold requirements in
paragraph(iii),HUD will consider the cumulative effect of the following factors,
where applicable:
a. Whether the exception would provide a significant cost-benefit or an
essential degree of expertise to the program or project that would
otherwise not be available.
b. Whether an opportunity was provided for open competitive bidding or
negotiation.
c. Whether the person affected is a member of a group or class of low- or
moderate-income persons intended to be the beneficiaries of the assisted
activity, and the exception will permit such person to receive generally the
same interests or benefits as are being made available or provided to the
group or class;
d. Whether the affected person has withdrawn from his or her functions or
responsibilities, or the decision-making process with respect to the specific
assisted activity in question.
e. Whether the interest or benefit was present before the affected person was
in a position as described in paragraph(i).
f. Whether undue hardship will result either to the recipient or the person
affected when weighed against the public interest served by avoiding the
prohibited conflict; and
g.Any other relevant considerations.
Important" -Recipients must disclose in writing any potential conflict of interest to HUD.
H. Determining Subrecipient or Contractor Classification
Determining Subrecipient or Contractor Classification as defined by 2 CFR§200.331 means the
Non-Federal entity may concurrently receive Federal awards as a recipient, a subrecipient, and a
contractor, depending on the substance of its agreements with Federal awarding agencies and pass-
through entities. Therefore, a pass-through entity must make case-by-case determinations whether
each agreement it makes for the disbursement of Federal program funds casts the party receiving the
funds in the role of a subrecipient or a contractor. Please note that a non-federal entity partner to the
prime recipient cannot operate as both a contractor and a sub-recipient on the same award. See
OLHCHH's Policy Guidance Number: 2019-02—Determining Subrecivient or Contractor
Classification.
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I. Procurement Standards
Procurement Standards as defined by 2 CFR § 200.317 through § 200.326 means when procuring
property and services under a Federal award, a state must follow the same policies and procedures it
uses for procurements from its non-Federal funds. The state will comply with §200.322 Procurement of
recovered materials and ensure that every purchase order or other contract includes any clauses required
by section §200.327Contract provisions. All other non-Federal entities, including sub-recipients of a
state,will follow §§200.318 General procurement standards through 200.327 Contract provisions. See
OLHCHH's Policy Guidance Number: 2017-04.
J. Treating Zero -Bedroom Pre-1978 Units with a Child under Age 6
OLHCHH expanded the scope of target housing units that may be treated under its Lead Hazard
Control Grant Programs (Lead-Based Paint Hazard Control (LBPHC) and Lead Hazard Reduction
Demonstration (LHRD) to include 0-bedroom dwellings constructed before 1978 in which there is
actual evidence of a resident who is a child under age 6 or a pregnant woman. The option of"make
available to" for these rentals does not apply as zero-bedroom units are not intended for marketing to
families with children under the age of 6. See Policy Guidance Number 2017-03.
PROGRAM REQUIREMENTS (Articles)
1. Administrative Costs
LBPHC,LHRD, and Other Grants Awarded under section 1011 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (Title X of the Housing Community Development Act of 1992,Public
Law 102-550): Administrative costs may not exceed 10 percent of the federal lead grant award. For
grants awarded under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of
1992, administrative costs are defined as overhead costs and costs of general management, oversight,
and coordination. Administrative costs include all allowable and allocable direct administrative costs
(costs for the general management, oversight, and coordination of the grant—i.e. program
administration and indirect(F&A cost(defined in 2 CFR §200.414). During negotiations,the
Grantee's Authorized Official and Fiscal Officer must certify administrative costs and complete the
Standard Form 425 Part 3 Financial Reporting(Administrative Cost Summary).
Notwithstanding any Administrative Cost limits provided in a statute, regulation, or the applicable
NOFA, an indirect cost rate that is no greater than the approved rate negotiated with the applicant's
federal cognizant agency shall be used.
2. Administrative Requirements
For all grantees, awards will be governed by Title 2, Part 200 (of the Code of Federal Regulations), the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Part 200) and these grant provisions.
3. Advance Payment by Treasury Check or Electronic Funds Transfer
Advance payments by the Treasury electronic funds transfer are authorized under this grant. HUD may
provide to the Grantee a one-time cash advance that shall not exceed 10 percent of the grant amount, and
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shall be limited to the minimum amount needed for the actual, immediate cash requirements of the
Grantee in carrying out the startup activities of this agreement and as agreed to by the Grant Officer.
In accordance with 2 CFR§200.305, "Payment",to the extent available,the non-Federal entity must
disburse funds available from program income(including repayments to a revolving fund),rebates,
refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting
additional cash payments. The non-Federal entity must maintain advance payments of Federal awards in
interest-bearing accounts, unless the following apply: (i) The Non-Federal entity receives less than
$250000 in Federal awards per year; (ii)The best reasonably available interest-bearing account would not
be expected to earn interest over $500 per year on Federal cash balances; (iii) The depository would
require an average or minimum balance so high that it would not be feasible within the expected
Federal and non-Federal cash resources; or(iv) A foreign government or banking system prohibits or
precludes interest-bearing accounts.
Should the Grantee demonstrate an unwillingness or inability to establish procedures that will
minimize the time elapsing between advances and disbursements or fail to provide any required
progress report on time, the authorization for advance one-time payment may be revoked. The Grantee
may then be required to finance the project with its working capital, and payment to the Grantee may
be made by Treasury check or electronic funds transfer, at HUD's discretion, to reimburse the Grantee
for actual cash disbursements.
4. Allowable Costs
This is a cost-reimbursement award. Except as described in Article 3, "Advance Payment by
Treasury Check or Electronic Funds Transfer," the Grantee shall be reimbursed for costs incurred
in the performance of work in an amount not to exceed the obligated amount shown on the form
HUD-1044, Assistance Award/Amendment. In the event the Grantee incurs costs over the prescribed
amount, the excess shall be borne entirely by the Grantee. HUD shall reimburse the Grantee for costs
incurred in the performance of this award which is determined by the GTR/Grant Officer to be
allowable, allocable, and reasonable in accordance with applicable Federal cost principles as
permitted by 2 CFR Part 200.
5. Amendments
The Grant may be modified at any time by written amendment. Amendments that reflect the rights
and obligations of either parry shall be executed by both HUD (through the Grant Officer) and the
Grantee. Administrative amendments, such as changes in appropriation data, may be issued
unilaterally by the Grant Officer. See OLHCHH Policy Guidance 2013-03,
6. Amount of Cost Share
The estimated cost for the performance of this grant is the "Total Instrument Amount." See the form
HUD-1044, Assistance Award/Amendment. The Grantee shall be reimbursed by HUD for 100% of
allowable costs incurred in the performance of this grant. HUD shall not reimburse the Grantee
more than the "Total HUD Amount" on the form HUD-1044. HUD reserves the right to withhold
three percent(3%) of the Federal award amount pending the receipt and approval of a Final Report
(with supporting documentation)prepared in accordance with the OLHCHH Policy Guidance 2012-05
and/or GTR instructions for the specific OLHCHH program and any amendments.
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The proposed match contribution to supplement HUD funds is the "Recipient Amount."The Grantee
agrees to bear without reimbursement by HUD the "Recipient Amount" of the total costs. The Grantee
is not obligated to contribute more than the "Recipient Amount."However, the Grantee shall be solely
responsible for any costs over the estimated cost of the"Total Instrument Amount."The Grantee shall
submit to the GTR as an attachment to the SF-425 (Federal Financial Report), verification of eligible
match sources and verifiable documentation(if applicable for the specific quarterly reporting period)
for eligible match activities to substantiate the match (recipient amount) reflected on each requires
quarterly SF-425 submission and on the final SF-425. The Grantee shall also include the eligible
match on the Part 3 form-Financial Reporting Form(Match Commitment Summary).
For verification of the eligible match source(s) and verification of match for eligible program
activities, the Grantee shall submit a letter on letterhead signed by the Authorized Official. The letter
shall include the following:
• Name of match source.
• Amount of match.
• Type of match(cash or in-kind).
• Description and purpose of eligible program activities performed because of the receipt
of the match.
• Documentation to substantiate the match from the matching organization/entity.
The match from the matching organization may include:
• Cash Contributions,verified by:
o General ledger entries
o Expenditure reports
o Invoices
o Signed contracts/agreement
o Timesheets
o Activity Report, etc.
• In-Kind(Including third part contributions),verified by:
o Identification of donated equipment, supplies, volunteers' services, etc.
o Fair Market Determination
o Invoices
o Timesheets and/or Activity Reports
The Grantee must satisfy all statutory matching requirements in the NOFA. If the Grantee's actual
matching contribution is less than"Recipient Amount" on the form HUD-1044, the Government
reserves the right to negotiate new line items and/or amounts to satisfy the Grantee's match, or to
reduce the Government's share proportionally, or to require the Grantee to reimburse the Government
from non-federal funds the amount of eligible match not met. The Grantee shall notify the
Government at any time it believes it will not meet its match by the completion of the grant. If the
Grantee has a request to reduce match, the Grantee shall provide a revised SF-424, a revised form
HUD 424 CBW, and a revised budget narrative. Also, the grantee must include justification for the
change.
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7. Budget
The Grantee shall incur eligible costs in conformance with the original or negotiated budget,
presented with the proposal for this grant. The Grantee shall not commingle any funds computed
under this grant with any other existing or future operating accounts held by the Grantee.
The Standard Form 425 Financial Status Report, detailing match, or in-kind contributions shall be
submitted quarterly to the GTR via the HHGMS reporting system by attaching the report to the
corresponding quarterly report as specified in Article 38,Project Management System. OLHCHH must
receive a signed document. A Final Report(along with a final Standard Form 425) is due no later than
120 days after the end of the period of performance. See Article 6, Amount of Cost Share,regarding the
holdback of 3% of the Federal amount pending the receipt and approval of the Final Report. The Final
Report should detail the progress made in achieving the purpose of the grant and adequate
documentation of the total funds expended in support of the activities to achieve this purpose (Federal,
leverage, and in-kind statutory percent match amounts). Failure to submit a Final Report within 120-
days from the end of the grant period of performance may result in the grant being administratively
closed and all outstanding funds recaptured by HUD or the Treasury. For guidance on how to
complete the Grantee's Final Report, see OLHCHH Policy Guidance 2012-05.
8. Certifications and Assurances
The certifications and assurances submitted in the Grantee's application are incorporated into this
award document. They include,but are not limited to:
a. Standard Form 424 (SF-424), Application for Federal Assistance
b. Certification and Disclosure Form Regarding Lobbying (SF-LLL)
c. Applicant/Recipient Disclosure Update Report(HUD-2880)
d. Certification of Consistency with the Consolidated Plan (HUD-2991)
9. Changes to Award Agreement
In accordance with 2 CFR Part 200 as applicable grantees/recipients and subgrantees must obtain
the prior approval of the awarding agency (see OLHCHH Policy Guidance 2013-03)whenever
any programmatic changes are anticipated to include the following:
a. Subrecipient or Contractor receiving funds greater than$10,000.00 classification must be
approved in writing by the Grant Officer regarding their classification status.
b. Any equipment over$5,000 must obtain prior approval in writing from the GTR or
Grant Officer.
c. Initial and any updated contact information must be provided within 30 days (See Article 13).
d. Any revision of the scope or objectives of the project(e.g., change in the target area(s),
intervention methods, institutional review board approval to be obtained, interim or
final benchmarks of numbers of environmental reviews to be completed, housing units
to be treated, number of people to be trained, etc.) regardless of whether there is an
associated budget revision requiring prior approval);
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e. Request to extend the period of performance/availability of funds.
f. Any budget revisions must be approved by the GTR. Also, budget revisions that are 10% or
more of the cumulative transfers among direct cost categories, or, if applicable, among
separately budgeted programs,projects, functions, or activities which exceed or are
expected to exceed ten percent of the current total approved budget need to be approved by
the GTR and the Grant Officer
g. Changes in key personnel as specified in an application or a grant award. In research
projects, a change in the project director or principal investigator always requires approval
by the Grant Officer.
h. Contracting out, sub-granting(if authorized by law), or otherwise obtaining the third
party(e.g. vendors) to perform activities that are central to the purposes of the award.
i. International Travel—All international travel that is required to ensure the goals of the
grant MUST have prior approval in writing from the assigned GTR with concurrence from
the Grant Officer before the travel takes place.
10. Closeout (See OLHCHH Policy Guidance 2012-05)
The Grantee shall provide the closeout documentation to the GTR within 120 days after the end of
the performance period, consisting of the following elements:
a. Final Narrative Report
b. Final breakdown and justification of budget categories including direct
costs, administrative costs, match/cost-share, and indirect cost rate, if
applicable.
c. Part 3 from the Healthy Homes Grants Management System (HHGMS) on-
line quarterly reporting system.
d. Final Federal Financial Report (SF-425)
e. The final invoice for incurred expenses (All budget expenses reported in the SF-425,
LOCCS, and placed HHGMS must match before the grant can be closed out); and
f. Final quarterly reporting into the Healthy Homes Grants Management System on-line
quarterly reporting system (only if additional housing units were completed and cleared
during the closeout period).
g. Signed statement by the authorizing official that the HHGMS award page reflects all
fiscal draws, balances, administrative burden, and benchmark counts that are claimed in
the final report submitted.
The grantee can use the online Section 3 Summary Reporting System at http://www.hud.2ov/section3
to ensure that the form HUD-60002 is received by the appropriate HUD office on time.
HUD will notify the Grantee in writing when the Grant is closed. The Grantee has three areas
of continuing responsibility after closeout of award:
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a. Records and materials must be kept in a safe place and be accessible to HUD, auditors, and
other government officials for at least 3 years from the end of the award's period of
performance. This requirement also extends to all sub-grants/sub-wards and subcontracts the
Grantee has executed for over$10,000.
b. Accountability for property continues if the Grantee holds the property, or for the period
established by the award document. Disposal of property must be in accordance with 2 CFR
§200.310-§200.316. See Article 37,Program income,regarding the use of those funds.
c. Notification to the GTR and Grant Officer if at any time during the three years after the
period of performance, the Grantee organization is discontinued or changes location. The
GTR and Grant Officer shall be notified immediately of the new address or the address of
the party retaining all records.
11. Conduct of Work
During the effective period of this grant, the Government Technical Representative shall be responsible
for monitoring the technical effort of the Grantee. The Grantee must allow and fully cooperate with
both remote monitoring requests and on-site monitoring visits. Failure to comply with a request
associated with remote monitoring within a reasonable timeframe (determined by the GTR or Grant
Officer)may result in"High Risk" designation, suspension, or termination of the grant. See Article 46,
Suspension, and Termination (For Cause).
The Grantee or Subgrantee shall not engage in any unethical activities during the grant performance
period. If HUD decides that the Grantee or Subgrantee has engaged in unethical activities, the
Grantee or Subgrantee will be subject to "High Risk" designation or suspension until the activities
have ceased and assurance acceptable to HUD is given that no further activities will occur; also,
HUD may take enforcement action under 2 CFR §200.338.
Mandatory Disclosure Requirements: The Grantee and Subgrantee must promptly disclose
in writing to HUD, all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Failure to make disclosures can result in any
of the remedies described in §200.339. Actions taken are subject to Article 46, Suspension,
and Termination (For Cause).
12. Collection of Data
The collection of data from ten or more respondents and sponsored by HUD shall be subject to the
Paperwork Reduction Act(44 U.S.C. 3501-3520). If a survey instrument for a collection of data
sponsored by HUD is proposed, it will be subject to review and approval by the Office of Management
and Budget(OMB). Such review and approval must be obtained before the use of the survey instrument.
Also, the approval time may considerably lengthen the time required for the completion of the proposed
project. The Grantee should consider requiring the use of a survey or other information collection
sponsored by HUD. The collection of data is deemed to be sponsored by HUD only under the following
conditions (5 CFR 1320.3):
a. The Grantee is conducting the collection of information at the specific request of HUD; or
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b. The terms and conditions of the grant require specific approval by HUD of the collection
of information or collection procedures. Note that if the Grantee decides on its own to
collect information and it does not need HUD approval to do so, then HUD is not the
"sponsor" of the information collection.
The Grantee shall cooperate fully with any research or evaluation sponsored by HUD or another
government agency associated with this grant program, including preservation of project data and
records and compiling requested information in formats provided by the researchers, evaluators, or
HUD. This also may include the compiling of certain and relevant local demographic, dwelling unit,
and participant data not contemplated in the original proposal. Participant data shall be subject to the
Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA and
the Privacy Rule can be found at https://www.hhs. og v/hipaa/index.html
13. Contact Information Updates
The Grantee must inform the GTR within 30 days of any changes in contact information, including
the organization's name, address, telephone, e-mail, and key personnel or authorized official change.
The transferring of a grant to another entity/organization within the structure of the Native American
Tribe, or Tribally Designated Housing Entity, requires notifying the GTR for involvement in the
transferring process. Also, the Grantee must submit a request and receive written approval (HUD-
1044) before the transfer from the Grant Officer is processed through HHGMS. Failure to receive
written approval may result in sanctions, suspension, or termination of the grant. See Articles 43 and
46, Sanctions, Suspension, and Termination (For Cause).
14. Copyni!ht
HUD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or
otherwise use, and to authorize others to use for Federal government purposes: (a)the copyright in
any work developed under this award, sub-award, or contract awarded under this grant; and(b) any
rights of copyright to which a Grantee or sub-Grantee or a contractor purchases ownership with award
funds.
Section 508 of the Rehabilitation Act of 1973 requires all Federal electronic and information
technology to be accessible by people with disabilities. All Products of Work that will be posted on
HUD's website must meet HUD's Web Publication Standards and Procedures.
15. Direct Costs
Direct Costs as defined in 2 CFR §200.413 and these terms and conditions are those costs that can be
identified specifically with a particular final cost objective, such as a Federal award, or other internally
or externally funded activity, or that can be directly assigned to such activities relatively easily with a
high degree of accuracy. Detailed explanations of direct costs are provided in 2 CFR Part 200, Subpart
E—Cost Principles.
Lead-Based Paint Hazard Control (LBPHC) grants, Lead Hazard Reduction Demonstration (LHRD)
grants, and Healthy Homes Production (HHP) grants: OLHCHH Policy Guidance, "PGI-2015-01-
Clarification of Costs for LHRD and LBPHC Grant Programs" clarifies program costs, administrative
costs, direct cost, and indirect costs for LBPHC, LHRD, and HHP grants. Note that this policy
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,guidance does not apply to Lead Technical Studies grants or Healthy Home Technical Studies
grants.
16 Disputes
During the performance of the grant, disputes may arise between the Grantee and the GTR, or between
Grantee and the Grant Officer. If a dispute with the GTR arises, the Grantee may solicit the assistance
of the Grant Officer in resolving the dispute, and/or may appeal the determination by the GTR to the
Grant Officer.
If a dispute with the Grant Officer arises, or if the Grantee has appealed a decision by the GTR to the
Officer Specialist, the Grant Officer shall prepare a final decision, considering all facts and
documentation presented. The decision shall be in writing to the Grantee.
If the Grantee disagrees with the final decision by the Grant Officer, the Grantee may appeal the
decision to the Director, Grants Services Division, OLHCHH. If the Grantee wishes to submit a second
appeal, the Grantee may appeal to the Deputy Director, OLHCHH. If the Grantee wishes to submit the
third appeal, the Grantee may appeal to the Director, OLHCHH for a final decision.
17. Estimated Cost and Payment—Line of Credit Control System (LOCOS)
The Grantee shall be reimbursed for allowable costs incurred in the performance of work under this
grant in an amount not-to-exceed"Total HUD Amount" on the form HUD-1044.
a) Incurred costs shall be reimbursed through eLOCCS under the HUD's Line of Credit Control
System. eLOCCS is accessed through the HUD internet portal called Secure Systems and
sometimes referred to as the online systems. To gain access to eLOCCS, grantees must obtain a
Secure System's User ID and password. The Secure System's User ID will be used to complete
the HUD-27054E form that will be mailed to their Program Office.
b) All information needed to obtain a secure system user ID and complete the eLOCCS registration
process can be found at eLOCCS Access Guidelines from Grantees.
c) It is imperative that Grantees thoroughly review the eLOCCS Access Guidelines for Grantees.
d) Under IT Security guidelines, specifically the National Institute of Standards and
Technology SP 800-53, users shall not share Secure Systems User IDs and Passwords. If
user-ids are found to be shared, access will be terminated.
e) The Grantees (all new or reinstated user who needs to access eLOCCS)will need to complete
the LOCCS HUD-27054E form, have it notarized, and send the original HUD-27054E
LOCCS Access Authorization Form (with the original signature and notary seal)via U.S.
Mail or Express Mail (preferred method) to the OLHCHH (Grant Officer) for review.
f) The Grant Officer must review the form and validate that the grantee is the correct official
accessing the grant, and program area requests are accurate. The Grant Officer signs and dates
the HUD-27054E LOCCS Access Authorization Form acknowledging the review and
authorization. The Program Office must then send the original LOCCS Access Authorization
Form(with the original signature and notary seal)via U.S. Mail to the OCFO's Security office.
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Before receiving funds from HUD, the Grantee must designate a financial institution for HUD to make
direct deposit payments through the ACH system. The grantee must fill out the SF-1199a along with a
voided check or statement from Financial Institution(on letterhead) and mail the form to the Grant
Officer.
If the Grantee, during the performance of this grant, elects to designate a different financial institution
for the receipt of any payments, notification of such change and the related information must be
received by the Grant Officer at least 30 days before the date such change is to become effective.
The Grantee shall submit to the GTR the original documents (voucher)related to reimbursements
requested for work performed. The voucher shall be supported by a detailed breakdown of the cost(s)
claimed. Grantees are to use the Part 3 —Financial Reporting Form in accordance with OLHCHH
Policy Guidance PGI 2015-02, "Line of Credit Control System(eLOCCS)Reimbursement
Procedures".
Note: Should you have any questions,please contact your Grant Officer.
Funds advanced to the Grantee shall be maintained in an interest-bearing account. Any interest earned
by the Grantee as a result of the advanced funds shall be promptly returned to HUD by check. All
remittances shall be accomplished as follows:
The check should be made out to the U.S. Department of Housing and Urban Development
with the grant number on the check stub.
Express Mail to: Department of Housing and Urban Development
451 7th Street SW,Room 8236
Washington,DC 20410-3000
Attn: Jeffrey Simpkins
The Grantee may retain up to $500.00 of interest earned per Grantee's fiscal year for
administrative expenses (2 CFR §200.305(b)(9)).
State universities and hospitals shall comply with the Cash Management Improvement Act
(CMIA, http://www.fms.treas.gov/cmia/ as it pertains to interest).
18. Equipment
The following equipment above $5,000 is allowable, in accordance with the OLHCHH NOFA for the
applicable grant program, to be acquired for the performance of this grant:
• XRF Instruments; X-Ray Fluorescence (XRF) instruments purchased with Federal funds for
use in the OLHCHH Grant programs will remain the property of the Grantee under the
conditions cited in 2 CFR §200.313, as applicable.
• Leased Vehicles; Leasing Motor Vehicles; must be used by the Grantee in the program or
project for which it was acquired for as long as needed and must not encumber the property
without prior approval of the OLHCHH in accordance with 2 CFR §200.313(c).
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19. Flow Down Provisions
If the Grantee sub-awards funds under this agreement with an entity to perform work under this
award, the Grantee shall include in the sub-award agreement these Terms and Conditions and any
other provisions as may be necessary to ensure that the sub-grantees or sub-recipients comply with
the requirement of the grant.
In accordance with 2 CFR§200.328, "Monitoring and Reporting Program Performance" Grantees are
responsible for oversight for the operations of the Federal award supported activities. Grantees must
monitor its activities under Federal awards to assure compliance with applicable Federal requirements
and performance expectations are being achieved. Monitoring by the Grantee must cover each program,
function, or activity. See also 2 CFR §200.332—"Requirements for Pass-Through Entities".
20. Grantee Lead Certification Program Requirement
The Grantee and Subgrantee agree that any funds under this grant used for lead-based paint hazard
evaluation or control activities shall be conducted by firms and persons qualified for the activities
according to 24 CFR Part 35, subpart R(possessing, as applicable, certification valid for the State or
Tribal area in which the activity is conducted as abatement contractors, risk assessors, inspectors,
abatement workers, or sampling technicians), and that laboratories used for the analysis of samples for
lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection Agency for the
analysis of those samples under EPA's National Lead Laboratory Accreditation Program.
21. Single Audit Reporting Requirements
Under 2 CFR Part 200, Subpart F—Audit Requirements, a Single or Program Specific Audit Report
must be conducted each fiscal year for non-federal entities that exceed$750,000 in federal grant
awards and submitted to the Federal Clearing House System as a requirement under the Single Audit
Act of 1984 (amended in 1996). Grants may be placed on"High Risk" designation, suspended, or
terminated for failing to submit the Single Audit Report. See Article 46, Suspension, and
Termination (For Cause).
The website for the Single Audit Report submission is https:Hharvester.census.2ov/facweb/
22. HUD's Right to Audit and Disallow Cost and Recover Funds
The Government reserves the right to recover and recapture any funds that were not expended
under the requirements; considered an ineligible program cost; or conditions of this agreement
based upon HUD review, the final audit, a monitoring site visit, or any other special audits or
reviews undertaken. HUD has the right to order a special audit, even if the Grantee's auditor or a
cognizant agency has already conducted one.
Access to Records of Grantees and Subgrantees -HUD and the Comptroller General of the
United States, or any of their authorized representatives, shall have the right to access any books,
documents, papers, or other records of Grantees and Subgrantees that are pertinent to the grant, to
conduct audits, monitoring visits, examinations, excerpts, and transcript.
Later Disallowances and Adjustments - the closeout of a grant does not affect:
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• HUD's right to disallow costs and recover funds based on a later audit or another review (2
CFR §200.344).
• The Grantee's obligation to return any funds due as a result of later refunds, corrections, or
other transactions including final indirect cost rate adjustment(2 CFR §200.344).
• Audit requirements in 2 CFR Part 200, Subpart D–Post Federal Award Requirements of this
part, §200.334-§200.337.
• Property management and disposition requirements in 2 CFR §200.310– §200.316; and
• Audit requirements in CFR Part 200, Subpart F–Audit Requirements.
23. Incurrence of Costs
The Grantee can incur costs for activities beginning on the effective date on the form HUD-1044. Any
costs incurred before the date are not allowable costs unless specifically authorized in writing by the
Grant Officer with the concurrence of the GTR.
24. Indirect(F&A) Cost Rate
If the Grantee has received a current federally negotiated indirect cost rate from its cognizant agency,
reimbursement will be made based on the current federally negotiated indirect cost rate.
Any Grantee, except for those non-Federal entities described in Appendix VII to Part 200—States and
Local Government and Indian Tribe Indirect Cost Proposals, paragraph D.Lb, may elect to charge a de
minims rate of 10% of Modified Total Direct Costs (MTDC)* which may be used indefinitely. As
described in 2 CFR §200.403 Factors affecting allowability of costs, costs must be consistently charged
as either indirect or direct costs but may not be double charged or inconsistently charged as both. If
chosen, this methodology once elected must be used consistently for all Federal awards until a non-
Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time.
[*See definition on page 5]
In Category 10, the Indirect Costs, on the HUD-424-CBW, the Grantee shall enter the federally
negotiated indirect cost rate or the de minims rate of 10%. Then the Grantee must apply the appropriate
indirect cost rate and base (MTDC)to calculate the total estimated indirect cost for the grant.
Therefore, in Category 10: Rate x Base (MTDC)=Estimated Cost.
25. Inspection and Acceptance
Inspection, review, correction, and acceptance of all deliverables under this award shall be
the responsibility of the GTR.
26. Key Personnel
Personnel specified as key personnel in the original grant application (HUD Form 96012) are essential to
the work being performed hereunder. The Program Manager must commit at least 75% of their time
to grant awards. Before diverting any of the specified individuals to other work,to include reductions
in the allocation of time spent on the grant by any of the key personnel,the Grantee shall notify the
Grant Officer and GTR reasonably in advance, in writing, and shall submit justification (including
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proposed substitutions with the qualifications and experience of the substitute personnel) in sufficient
detail to permit evaluation of the impact on the work effort and quality.
At a minimum, HUD requires a current resume detailing the individual's experience as it relates to the
position being sought. All changes to key personnel (except upon the death of such personnel)must be
approved by the GTR in advance and may be denied in writing. No diversion shall be made by the
Grantee without the prior written consent of the Grant Officer. Minimum Training and Qualification
Expected for Program Manager include lead inspector risk assessor training and certification; if
certification is required in the state to review or design scopes of work.
Also, if the Program Manager will oversee or complete onsite unit monitoring; lead-safe work practices
class is also expected to be completed by any candidate before placed in the program manager position.
A program manager candidate may be approved conditionally based on the training and certification
taking place timely after the hiring of the candidate with the expectation that they work with a mentor
that is assuming full accountability for review and approval of unit documents until the GTR is satisfied
that the candidate is ready to assume the responsibility independently.
27. Liability Insurance
Costs of insurance required or approved and maintained, under the Federal award, are allowable.
Costs of other insurance in connection with the general conduct of activities are allowable subject to
limitations. See 2 CFR §200.447.
Medical liability (malpractice) insurance as defined by 2 CFR §200.447, "Insurance and
indemnification,"is an allowable cost of Federal research programs only to the extent that the Federal
research programs involve human subjects or training of participants in research techniques. Medical
liability insurance costs must be treated as a direct cost and must be assigned to individual projects
based on how the insurer allocates the risk to the population covered by the insurance.
28. Limitation on Consultant Payments
Consultants may not be paid or provided reimbursement for payment, whether retained by the federal
government or the Grantee, at a rate more than the equivalent of General Schedule 15, Step 10 base
pay rate for the current federal pay year in which the consultant performs services under the grant.
Consultants retained for technical assistance on the grant must provide documentation that they are
providing services eligible, unique, and reasonable to the grant program and that is nonduplicative to
what the GTR is already providing to the grantee directly.
29. Limitation Payments to Influence Certain Federal Transactions
31 U.S.C. section 1352 provides in part that no appropriated funds may be expended by the recipient of
a Federal contract, grant, or loan to pay any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with any of the following covered Federal actions: the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, or loan.
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30. Lobbying Activities Prohibition
The Grantee is subject to the provisions of section 319 of the Department of Interior and Related
Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. 1352 (the Byrd Amendment), implemented
in HUD regulations at 24 CFR Part 87, and to the provisions of the Lobbying Disclosure Act of 1995,
P.L. 104-65 (December 19, 1995).
31. Grant Deliverables
The Grantee shall complete and submit a final negotiated work plan, benchmarks (with Benchmark
Standards-Form HUD 96008), and the Grantee's policy and procedures within 60 days after the
effective date of the grant. These are subject to review and approval by HUD for incorporation as part
of the grant. These revisions shall update the general plan submitted in the Grantee's proposal and
include any negotiated changes of the work plan or budget if applicable. The plan shall be developed
according to the instructions and benchmark standards that will be provided by the Government
Technical Representative (GTR) for the grant program as applicable.
The work plan consists of the goals and time-phased objectives and deliverables for each of the major
tasks to be undertaken by the program. Benchmark standards (milestones) have been developed to
assist the Grantee plan and implement its program in a timely and cost-effective manner. A revised
budget, in accordance with the final negotiation, shall be submitted(if necessary). The policy and
procedures shall also include a detailed narrative description of how assistance and funding will flow
from the Grantee to the actual performers of the hazard reduction work; the selection process for sub-
recipients and vendors; the selection process for the particular properties to be abated, the lead hazard
control activities to be undertaken, and the screening, health, and other measures to be taken to protect
children and other occupants. Where the tasks are interdependent, the work plan and policy and
procedures shall indicate how each interdependent task will provide needed inputs to the others. (See,
also, Article 39, Project Management System).
32. Order of Precedence
In the event of any inconsistency among any provisions of this grant, the following order of
precedence shall apply:
• Statutes
• Regulation other than 2 CFR Part 200, Uniform Administrative Requirements (see below)
• The applicable NOFA, including the General Section and the Program Section
• Grant Agreement(form HUD-1044), including Terms and Conditions
• Management and Work Plan
• Special Conditions
Schedule of Articles
• 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
• Grantee's Proposal (If incorporated, except for the Management and Work Plan see above)
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33. Patent Rights (Small Business Firms and Nonprofit Organizations)
Patent rights are as specified in 37 CFR Part 401, entitled"Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements."Inquiries regarding this Patent Rights clause should be in writing and
directed to:
Government Technical Representative - GTR identified on the form HUD-1044
U.S. Department of Housing and Urban Development
Office of Lead Hazard Control and Healthy Homes
U.S. Department of Housing and Urban Development
451 Seventh Street SW, Room 8236
Washington, DC 20410-3000
34. Period of Performance and Extensions and Incurring Costs or Obligating Federal
The Grantee shall provide all services stipulated in this award agreement for months specified on the
form HUD-1044, "Assistance Award/Amendment" Continuation Sheet from the effective date stipulated
on the form HUD 1044. Grantees are to comply with the requirement of 2 CFR §200.309 and §200.344,
as applicable, in charging costs to the grant. All obligations incurred under the award must be liquidated
not later than 120 days after the end of the funding period. The preparation of the final administrative
and financial reports is to be completed within 120-days after the end of the period of performance.
The Grantee shall not incur costs or obligate funds for any purpose pertaining to the operation of the
project, program, or activities beyond the expiration date stipulated in the award. The only costs
which are authorized for a period of up to 120 days following the award expiration date are those
strictly associated with closeout activities. Closeout activities are normally limited to the preparation
of final progress, financial, and required project audit reports unless otherwise approved in writing by
the Grant Officer.
An extension of the award period can be authorized only by the Grant Officer in writing. Neither verbal
assurances, nor written assurances of funding from other than the Grant Officer, shall constitute
authority to obligate funds for programmatic activities beyond the expiration date.
The OLHCHH has no obligation to provide any additional prospective funding. Any amendment of the
award to increase funding or extend the period of performance is at the sole discretion of the
OLHCHH.
35. Pre-Award Costs
Before the effective date of the Grant, a Grantee may, at its own risk, incur pre-award costs with the
prior written approval of the Grant Officer with the concurrence of the GTR. Pre-award costs are those
incurred before the effective date of the award directly according to the negotiation and in anticipation
of the award where such costs are necessary to comply with the proposed delivery schedule or period of
performance. Such costs are allowable only to the extent that they would have been allowable if
incurred after the date of the award and only with the written approval of the awarding agency.
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36. Profit/Fee
No increment above cost, fee, or profit shall be paid to the Grantee or any subgrantee or sub-
recipient under this award.
37. Program Income
Any program income derived as a result of this award, including royalties, whether obtained during or
after the period of performance, shall be added to funds committed under the Grantee's award to
further activities eligible for assistance under this award under 2 CFR Part 200 as applicable, including
2 CFR §200.305 and §200.307. The program income must be used for the purposes and under the
conditions of this award. If not contained in the Work Plan or under Special Conditions itemized in
these provisions, before using program income to further the objectives of the grant program, the
parties shall mutually agree by written amendment on the use of program income.
38. Project Management System
a. Deliverables
The Grantee shall include a schedule listing all significant project benchmark milestones, and
dates for submission of all project deliverables including quarterly project reports, interim reports
where appropriate, the final report, and financial reports utilizing form HUD-425. Upon approval
of the work plan, the Grantee shall ensure all deliverables identified in the Work Plan and
Benchmark schedule are delivered on time.
b. Quarterly Progress Reports
Quarterly reports will be due no later than January 30th,April 30th, July 30th, and October 30th, for
the preceding quarter following the initiation of the grant through project close-out and should be
submitted as soon as possible after the end of the quarter. If a due date falls on a federal weekend or
holiday, or an otherwise-closed HUD workday in Washington, DC, it shall be extended to the next
Federal workday in Washington, DC,without affecting subsequent due dates. Quarterly reports must
reflect activities undertaken, obstacles encountered, solutions achieved, and accomplishments in each
calendar quarter. Also, a separate document illustrating the match contribution for each quarter is
required(See Article 6,Amount of Cost Share). Contracts,training materials,protocols,rosters of
persons trained, outreach and educational materials prepared, and other significant products
developed to implement, analyze or control the project or disseminate information shall be submitted
with the quarterly reports as attachments.
The Grantee shall use the Healthy Homes Grant Management System (HHGMS), or a replacement
system selected by the OLHCHH, after notifying the Grantee. The reporting system requires the
submission of a work plan with specific, time-phased, and realistic goals, objectives, and
benchmark milestones established. Quarterly status reports that show progress and measure
performance of the program in meeting approved work plan goals, objectives, and benchmark
milestones shall be submitted. The reporting system utilizes quantifiable data and a narrative
description of progress.
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The Grantee is advised that failure to submit timely quarterly progress reports will result in not
having its "eLOCCS Request Voucher for Grant Payment"processed and/or approved for payment
until the quarterly progress report is submitted to HUD.
C. Annual Reports
Race and Ethnic Data Reporting Form HUD-27061. The Race and Ethnic Data Reporting Form
must be submitted annually by January 10
d. Final Report
The Final Report shall summarize the applicant's plans, execution of the plans, achievements
noted, and lessons learned. The report need not be lengthy but should be of a quality and detail to
provide a freestanding description to any outside reader of all the applicant's work and
achievements under the grant and compare the grantee proposal of achievements with actual
results. Specific and detailed guidance on preparing the forms and the narratives may be obtained
from the GTR identified on Form HUD-1044. See Article 10, "Closeout" and "Policy Guidance
Number 2020-06 - Closeout Procedures for OLHCHH Grantees."
39. Publications and News Releases
The results of work conducted under the award may be made available to the public through
dedication, assignment by HUD, or other means, as HUD shall determine. All interim and final
reports and any other specified deliverables shall be owned by the government and held for the
benefit of the public which shall include the Grantee and the Grantee's sub-recipients.
Interim and final reports (need to confirm that this includes the required scientific manuscript) may not
be published by the recipient or any sub-recipients participating in the work for sixty days (60) after
acceptance of the deliverables by the GTR.
All deliverables, or any part thereof, and any independent products and special products arising from
this award, when published by the recipient or other participants in the work shall contain the following
acknowledgment and disclaimer:
"The work that provided the basis for this publication was supported by funding under an award
with the U.S. Department of Housing and Urban Development. The substance and findings of
the work are dedicated to the public. The author and publisher are solely responsible for the
accuracy of the statements and interpretations contained in this publication. Such interpretations
do not necessarily reflect the views of the Government."
Copies of all press releases, formal announcements, and other planned, written issuances containing
news or information concerning work products or activities of this award that may be made by the
recipient or its staff, or any sub-recipient or other person or organization participating in the work of the
award, shall, whenever possible, be provided to the GTR for review and comment at least two weeks
before the planned release but in no event, later than coincidental with the release.
40. Release of Funds and Environmental Certification
Award of an FY2020 OLHCHH grant does not constitute approval of specific sites where activities that
are subject to environmental review may be carried out. Recipients conducting eligible construction,
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rehabilitation, repair, weatherization, or related hazard remediation work must comply with 24 CFR Part
58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities.
Recipients that are States,units of general local government, or Native American Tribes must carry out
environmental review responsibilities as responsible entities, defined under Part 58. Recipients that are
not-for-profit firms, educational or for-profit institutions must contact and partner with the responsible
entity,usually the unit of general local government or Native American Tribe of the target area(s), to
assume the environmental review responsibilities. Should the responsible entity object to performing the
environmental review, or the non-governmental recipient is unable to identify a responsible entity with
whom they can partner to perform the environmental review, HUD may designate another responsible
entity to perform the review or may perform the environmental review itself under the provision of 24
CFR Part 50. When HUD performs the review itself, following grant award execution, HUD will be
responsible for ensuring that any necessary environmental reviews are completed.
Originals Copies:
Karen M. Griego (HUD Address on the HUD-1044)
Program Environmental Clearance Officer Attn: GTR on the HUD-1044
Office of Lead Hazard Control and Healthy Homes
U.S. Department of Housing and Urban Development
500 Gold Avenue SW, Ste. 7301
Albuquerque,NM 87102
Tel. (505) 346-6462
Fax (815) 572-0033
Karen.M.Griego(ahud.gov
HUD will not make additional payments from the amount awarded to a Grantee for lead hazard and
healthy homes evaluation or control until the Grantee's contractors and workers are qualified for the
activities according to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors,
inspectors, abatement workers, or sampling technicians, or others having been trained in a HUD-
approved course in lead-safe work practices).
Any additional funds requested by the Grantee shall be requested in accordance with Article
17, "Estimated Cost and Payment-Line of Credit Control System (LOCCS).
41. Review of Deliverables
Deliverables include,but are not limited to:
a. All interim and final reports;
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b. Survey instruments required by the Management and Work Plan, if applicable;
c. Other physical materials and products produced directly under the Management and Work Plan of
this grant, if applicable;
d. Match, in-kind and leverage commitments, if applicable.
The GTR shall be responsible for HUD review, receipt of corrections from the Grantee, and acceptance
of the operational deliverables, above, of this grant. Such review(s) shall be carried out promptly by the
GTR, so as not to impede the work of the Grantee. Acceptance of the deliverable(s) shall be issued in
writing by the GTR, with comments and/or required corrections, within thirty(30) days of the date of
the GTR's receipt of such product from the Grantee. The Grantee shall carry out the required corrections
if any,provided by the GTR and shall promptly return a revised copy of the product to the GTR. The
basis for acceptance shall be the Grantee's good faith efforts to complete the deliverables of this grant.
The GTR's review, correction, and acceptance of narrative deliverables shall be limited to: (1)
corrections of omissions or errors of fact, methodology, or analysis; (2) deletion of irrelevant materials;
and(3) improvements in style readability.
42. Sanctions
Failure to comply with the Federal statutes; regulations, including 2 CFR Part 200; or the requirements
established in the award and these provisions, including failure to submit reports on time and in
accordance with the requirements contained in these provisions, may result in the GTR/Grant Officer
taking action to limit access to program funds. Actions by the GTR/Grant Officer may include,but are
not limited to: requiring that reports and financial statements be submitted to the GTR/Grant Officer for
approval before drawing down any funds; suspending the ability to incur costs or draw funds; and/or
suspending or terminating the Grant for non-performance as defined in Article 46, Suspension and
Termination (For Cause). HUD may take enforcement action under 2 CFR §200.338, as applicable.
43. Scope of Services
The Grantee shall furnish the necessary personnel, materials, services, equipment, facilities (except as
otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of
the work outlined in the Grantee's original/revised application under this NOFA as well as the
subsequent Statement of Work/Management and Work Plan and Benchmark schedule.
44. Special Conditions
Special Conditions to this award are listed on the form HUD-1044 Continuation Sheets.
45. Suspension and Termination (For Cause)
The Grant Officer may, on reasonable notice to the Grantee and/or Subgrantee, temporarily suspend the
award and withhold further payments pending corrective action by the Grantee and/or Subgrantee. The
award may be terminated in whole or in part before the end of the performance period for cause when
the Grantee and/or Subgrantee has failed to comply with the terms, conditions, standards, or provisions
of this award. The award may be terminated for convenience when both parties agree that the
continuation of the award would not produce beneficial results. Action will be taken in accordance with
2 CFR §200.339— §200.343.
Effects of Suspension and Termination -Costs of Grantee or Subgrantee resulting from obligations
incurred by the Grantee or Subgrantee during a suspension or after the termination of an award are not
30
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allowable unless HUD expressly authorizes them in the notice of suspension or termination or
subsequently. Other Grantee or Subgrantee costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if:
• The costs result from obligations which were properly incurred by the Grantee or Subgrantee
before the effective date of suspension or termination, are not in anticipation of it, and, in the
case of a termination, are non-cancellable, and;
• The costs would be allowable if the award were not suspended or expired normally at the end
of the funding period in which the termination takes effect.
• Relationship to debarment and suspension: The enforcement remedies identified in this
section, including suspension and termination, do not preclude Grantee or Subgrantee from
being subject to "Debarment and Suspension"under Executive Orders 12549 and 12689,
CFR Part 180 as outlined in CFR §200.339.
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APPENDIX 1 -LIST OF ACTIONS DUE
Action Due Date (Deliverables maybe
provided earlier)'
Work plan,written policies and 60 days after the effective date of grant
procedures,benchmarks, and revised
budget with a breakdown of the match
Request for Release of Funds and 60 days after the effective date
Certification
Institutional Review Board approval (if 120 days after the effective date
applicable)/Approval of Request for
Release of Funds and Certification
Grant work/deliverables As per benchmarks following Institutional
Review Board approval/Approval of Request
for Release of Funds and Certification
Quarterly Progress Reports with a separate 30 days after the quarter ends, i.e.: January
attached document illustrating match status 30, April 30, July 30, October 30
and a current SF-424
FFATA sub-award Reporting System By the end of the month following the month in
which the Grantee awards a sub-award greater
than or equal to $30,000
Economic Opportunities for Low- and Within 30 days of the end of the grantee fiscal
Very Low-Income Persons (Section 3) year-end
Race and Ethnic Data Reporting January 10 annually
Annual Audit Annually base on the Grantee's fiscal year
Deliverables In accordance with the benchmark schedule
The 90-day letter confirms all elements Due before the end of the period of
outlined in the grant have been met performance
Final Report(Grant Award). 120 days after the end of the period of
performance
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APPENDIX 2—UPDATES TO OMB GUIDANCE FOR GRANTS AND AGREEMENTS
The Office of Management and Budget(OMB)has revised sections of OMB Guidance for Grants and
Agreements. This revision reflects the foundational shift outlined in the President's Management Agenda
(PMA)to set the stage for enhanced result-oriented accountability for grants. The revisions are limited in
scope to support the implementation of the President's Management Agenda,Results-Oriented
Accountability for Grants Cross-Agency Priority Goal(Grants CAP Goal) and other Administration
priorities; implementation of statutory requirements and alignment of these sections with other
authoritative source requirements; and clarifications of existing requirements in particular areas within
these sections.
The following sections of the Code of Federal Regulations were revised:
• 2 CFR 25—Universal Identifier and System for Award Management
• 2 CFR 170—Reporting Sub-award and Executive Compensation Information
• 2 CFR 183—Never Contract with the Enemy
• 2 CFR 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
Effective Dates: The revisions are effective November 12,2020, except for the amendments to Secs. 2
CFR 200.216 and 200.340,which were effective on August 13,2020. Recipients will be responsible for
complying with those revisions once in effect.
The following is a summary of the major changes that may directly affect Lead-Based Paint Hazard
Control,Lead Hazard Reduction Demonstration, and Lead Hazard Reduction program grant
recipients.Note that some CFR citation numbers have changed as a result of the revisions;these changes
are shown in the table below. This is not an exhaustive list of the revisions that may apply to this award.
Please refer to the OMB guidance found in the Federal Register for a detailed explanation of the
revisions. It can be found at haps://www.federalre ig ster.gov
2 CFR 25—Universal Identifier and System for Award Management
§25.200 Requirements for notice of funding Recipients must main an active SAM registration
opportunities,regulations, and application including information on a recipient's immediate
instructions. and highest level owner and subsidiaries,as well
as on all predecessors that have been awarded a
Federal contract or grant within the last three
years, if applicable, at all times during which it
has an active Federal award or application under
consideration by a Federal awarding agency.
§25.300 Requirement for recipients to ensure A recipient may not make a subaward to a
subrecipients have a unique entity identifier(new) subrecipient that has not obtained and provided a
unique entity identifier. However, subrecipients
are not required to complete full SAM registration
in order to obtain the unique entity identifier.
2 CFR 170—Reporting Subaward and Executive Compensation Information
Appendix A to Part 170 -Reporting first-tier The threshold for reporting subawards that
subawards obligate federal funds has increased from$25,000
to $30,000 for each action.
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Appendix A to Part 170 -Reporting Total The threshold for reporting the five most highly
Compensation of Recipient Executives for non- compensated executives for the proceeding fiscal
Federal Entities year increased from$25,000 to $30,000.
2 CFR 183–Never Contract with the Enemy new art
Only applicable to awards with activities being N/A
conducted outside of the United States
2 CFR 200–Uniform Administrative Requirements,Cost Principles,and Audit Requirements
for Federal Awards
§200.322 Domestic preferences for procurements As appropriate and to the extent consistent with
(new section) law,the non-Federal entity should,to the greatest
extent practicable under a Federal award,provide
a preference for the purchase, acquisition, or use
of goods,products,or materials produced in the
United States. The requirements of this section
must be included in all subawards including all
contracts and purchase orders for work or
products under this award.
§200.340 Termination The term"for cause"is omitted and replaced
with: to the greatest extent authorized by
law, if an award no longer effectuates the
program goals or agency priorities;"
§200.332 Requirements for pass-through entities. Clarifies that pass-through entities are only
responsible for addressing subrecipients single-
audit findings related to their subaward s .
§200.344 Closeout For recipients, extends the submission deadline
for final financial,performance and other reports
from 90 calendar days after the period of
performance to 120 days.
Subrecipients must submit all final financial,
performance and other reports to the pass-through
entity no later than 90 days after the period of
performance.
§200.414 Indirect(F&A) costs Expands the option to use the 10%de minimis
indirect cost rate to recipients who previously
received a negotiated rate from a Federal
cognizant agency(except for those non-Federal
entities described in Appendix VII to Part
200—States and Local Government and Indian
Tribe Indirect Cost Proposals,paragraph D.1.b)
Clarifies that no documentation is required to
justify the 10%de minimis indirect cost rate.
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CITY OF WATERLOO
Council Communication
Resolution approving award of bid to Lansing Brothers Construction Co., Inc., of Luxemburg, Iowa, in the
amount of$52,850, and approving the contract, bond and certificate of insurance, for Contract No. RD-2020-
12-011', in conjunction with Demolition and Site Clearance Services at 115 Sumner Street, and authorizing the
Mayor and City Clerk to execute said documents.
City Council Meeting: 12/14/2020
Prepared: 12/9/2020
ATTACHMENTS:
Description Type
❑ Signed Contract Backup Material
❑ Bid Tab Backup Material
❑ RFB RACM Demo Contact# RD-2020-12-01P Backup Material
❑ 115 Sumner St Detailed Report Backup Material
Resolution approving award of bid to Lansing Brothers Construction Co.,
Inc., of Luxemburg Iowa, in the amount of$52.850, and approving the
SUBJECT: contract, bond and certificate of insurance, for Contract No. RD-2020-12-
01P, in conjunction with Demolition and Site Clearance Services at 115
Sumner Street, and authorizing the Mayor and City Clerk to execute said
documents.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: 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). The City received two bids.
Summary Statement: Lansing Brothers was low with a base bid of$67,850 and a deduct of
$15,000 for a voluntary alternate for removal of the basement and foundation
as non-RACM, for a total of$52,850. The other bid was from Earth
Services &Abatement, LLC dba Iowa Demolition with a base bid of
$149,749 and a deduct of$30,209 for a voluntary alternate for removal of the
basement and foundation as non-RACM, for a total of$119,540.
Expenditure Required: $52,850
Source of Funds: Nuisance Abatement GO bonds
Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4.
Page 62 of 227
3
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
Lansing Bros. Construction Co., Inc. ("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
I?.
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 including voluntary alternate bid provide a
cost deduct of$1.5,000 from the base bid
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 $52,850 ($67,850 base bid less $15,000 for
cost deduct for voluntary alternate bid).
Page 63 of 227
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.
S. 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
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2
4
k
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 r
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 65 of 227
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 LANSING BRO CONSTRUCTION CO., INC.
By:
Quentin Hart,Mayor u rz epresent ' e
Attest:
Kelly Felchle, City Clerk
4
Page 66 of 227
Demolition Services, Cont No. RD-2020-12-01 P
115 Sumner Street
Bid Tab: December 3, 2020
Bidder SeBid t Total Bid Amount
Lansing Bros. Construction Co., Inc. 5% $67,850
Luxemburg, Iowa
Earth Services & Abatement
5% $149,749
Des Moines, IA
Page 67 of 227
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 68 of 227
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-2020-12-01 P, 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-2020-12-01 P— 115 Sumner Street
Notice of RFB Date: November 16, 2020
Mandatory Walk Thru Date: 1 p.m. Tuesday November 24, 2020
Deadline for Bid Submittal: Thursday December 3, 2020 at 1:00 p.m., Central Time
Submit Sealed Bid to: Address exactly as stated:
SEALED RFB FOR DEMOLITION AND SITE CLEARANCE
SERVICES - (RACM) DEMOLITION CONTRACT# RD-2020-12-01 P
City Hall
City Clerk's Office
715 Mulberry Street
Waterloo, IA 50703
Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals)
Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative)
E-mail Address: chris.western(a�-waterloo-ia.org
Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262
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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
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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.
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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;
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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
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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.
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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.
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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
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EXHIBIT `B"
CITY OF WATERLOO
SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE
[removal of Regulated Asbestos Containing Materials (RACM)J
PART 1 - GENERAL 1.01 CITY REPRESENTATIVES
The City's Representatives for this project are: Chris Western, Planner II/Project Manager, and
Aric Schroeder, City Planner(collectively, City's Representative).
1.02 DESCRIPTION OF WORK
Unless directed otherwise in the Contract Documents or by the City's Representative, the Contractor
shall:
A. Remove and properly dispose of all structures, incidental demolition debris, basement
walls, floors, foundations, private sidewalks (excludes public sidewalk in street right-of-
way), steps, driveways and all trees from the specified properties.
B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits,
and plug or abandon wells in accordance with standards prescribed in Part 2.
C. Remove the materials from the demolition site in accordance with federal, state and local
regulations.
D. Remove and dispose of appliances and other items that may contain refrigerants in
accordance with 40 CFR, Part 82. Appliances and other items that may contain
refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and
portable or central air conditioners.
E. Remove and legally dispose of mercury-containing materials including fluorescent, high-
pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a
liquid filled capsule. PCB-containing materials include capacitors,ballasts, and
transformers where the component is contained within a metal jacket and does not have a
specific, legible label stating no PCBs are present.
F. Disconnect all utility services before demolition per Section 2.07.
G. Perform site clearance, grading, restoration and erosion control.
H. Complete the demolition work in accordance with the plans and these technical
specifications.
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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.
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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
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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.
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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.
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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
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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 RACK 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.
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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,
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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 RACK
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 RACK 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 RACK
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 RACK
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.
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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
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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.
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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
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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.
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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 90 of 227
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;
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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
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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
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Black Hawk County Detailed Parcel Report Page 1 of 3
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID eed Holder Tax Mail to Address
8913-24-176-011 ITY OF WATERLOO CITY OF WATERLOO
TTN: FINANCE DEPARTMENT
PDF Map Area ontract Buyer 15 MULBERRY ST
No. WATERLOO, IA 50703
17 PDF 13 LAND
A-E
Property AddressEl
urrent Recorded Transfer
115 SUMNER ST ate Drawn Date Filed Recorded Document e
WATERLOO, IA 50703 7/2019 1/28/2019 12019 011559 ID
SALES BUILDING PERMIT
None 1pate lNumber jAmount lReason
/18/2005 PA1667 16,690 Ext-Remodel
ASSESSED VALUES/CREDITS
ear lass
020 Values _ _ E
100% ILand 113welling Building Total pres
alue F,730 10 125,040 129,770
� xable Land Dwelling Building otal
alue 10 110 110 IP
ear IClass
019 JE
100% Land 113welling Building Total Cres
alue 730 10 125,040 129,770 IP
axable Land Dwellin Buildin otal
alue 110 110 10 10
ear Class
018 1C
100% Land Dwelling Buildin Total cres
alue F,730 10 125,040 129,770
axabllue
e Land Dwellin Buildin otal
257 10 122,536 V6,793
TAX INFORMATION ASSESSMENT YEAR 2019 PAYABLE 2020/2021
ax 940001 -WATERLOO
District
Gross Value axable Value Levy Rate IGross Tax Net Tax
Corp 0 D 0.46092 0.00 0.00
Nocorp 0 5.02441 P0.00
Homestead Property Tax Relief g Family Farm Business Property Tax
Credit redit redit Credit Credit
Corp $0.00 0.00 0.00 $0.00 $0.00
Nocorp 0.00
Page 94 of 227
http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324176011 11/10/2020
Black Hawk County Detailed Parcel Report Page 2 of 3
ABBREVIATED LEGAL
HAMMOND & HOPKINS ADDITION LOT 5 BLK 2
LAND
IoBasis Front Rear Side 1 Side 2 of rea cres
q. Ft. 60 0 140 140 8400 .193
/Dimension
tals: 8400 .193
COMMERCIAL BUILDINGS AND ADDITIONS
ype IDescription ear Built jArea Otories
Bars and Lounges B1-1S B FR 11912 13026 11
Style Frame-Wood
dditional Base Square Feet 3,026
Information Basement Square Feet 1,500
GBA Square Feet 3026
Item uantity
Plumbing oilet Room
Sink-Kitchen 1
djustmen Item uantit
C-deduct 992
Description ize
Exterior Wall Vinyl - Frame : LF
Interior Wall Panel - Softwood : LF
Interior Wall Plaster on Lath : LF
Wall Facing Incl. w/Walls : SF
Windows Incl. w/ Base : LF of Wall
Fronts/Doors Incl. w/ Base : LF
Verticals & Basement Excavation, Floor, Li 1500: SF
Horizontals Roof Asph. Shingle/Wood Dk 026: SF
Ceiling Suspended Blk-Fiber 026: SF/Story
Struct. Floor 4" R'Concrete 026: SF
Struct. Floor Wd Deck on Wood : SF
Floor Cover Asphalt Tile 026: SF
Partitions Retail Store Small 026: P/Unit
Framing Wood -Average 026: SF
HVAC Forced Hot Air 1026: SF
YARD EXTRAS
Description ear Built Puantity IPlot No. lExtended Description
Sign Poles Wood and Steel 1960 11 1 115 LF, 15' Steel, 0 Diameter
Entry Status: Estimated
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http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324176011 11/10/2020
Black Hawk County Detailed Parcel Report Page 3 of 3
89 B1-1S B FR
[30261
34
Date Website Last Updated: 11/06/2020
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CITY OF WATERLOO
Council Communication
Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as
December 31, 2020 and date of public hearing as January 4, 2021, in conjunction with providing Janitorial
Services at the Waterloo Public Works Facility, and instruct the City Clerk to publish said notice.
City Council Meeting: 12/14/2020
Prepared: 12/7/2020
ATTACHMENTS:
Description Type
❑ Request for Proposals Backup Material
Resolution approving preliminary specifications, form of contract, etc.,
setting date of bid opening as December 31, 2020 and date of public hearing
SUBJECT: as January 4, 2021, in conjunction with providing Janitorial Services at the
Waterloo Public Works Facility and instruct the City Clerk to publish said
notice.
Submitted by: Submitted By:Randy Bennett, Public Works Division Manager
Recommended Action: Approve Resolution
The current contract as expired. Janitorial service are needed for the Public
Summary Statement: Works Facility- offices, conference rooms, break rooms, locker and
restrooms, entryways and hallways. An alternate bid for COVID cleaning
and sanitizing has been added to the contract.
Expenditure Required: Between$3,500 and $4,000 per month
Source of Funds: The cost is divided percentage wise between Road Use Tax, Sanitation and
General Funds.
Strategy:3.4 and 3.5: Identify and implement proven cost and resource
Policy Issue: saving measures and continue to engage with local public partners to identify
cost savings, streamline efforts and improve efficiency in City operations
and activities.
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CITY OF WATERLOO— REQUEST FOR BIDS
Janitorial Services for Public Works Facility
The City of Waterloo, under the jurisdiction of the City Council, is seeking bids for furnishing the
City of Waterloo Public Works Facility with janitorial services. To be considered for this project,
the bidder must be familiar with the specifications set forth in the bid document; and the bidder
offers to furnish those janitorial services to the City as required in the bid document. This entire
document shall be considered as binding, part of the contract, and must meet or exceed the
specifications set forth in the Request for Bids (RFB).
The term of the contact and price shall be fixed for three (3) years, commencing on or after
January 1, 2021, and continuing through December 31, 2023. There may be a 1 or 2 year
extension of the contract, if the City of Waterloo is satisfied with the janitorial vendor's
performance at the end of the contract period.
THE CITY OF WATERLOO RESERVES THE RIGHT TO WITHDRAW THIS RFB AT ANY TIME BEFORE
AWARD OF CONTRACT.
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1. Term of Contract:
The price quoted for the three (3) year term shall be fixed. There may be an option to
extend the janitorial agreement for one (1) or two (2) year period. This option may be
offered to the Contractor by the City of Waterloo if the City Council is satisfied with the
janitorial vendor's performance during the initial contract period.
2. Definitions:
Project Manager: Randy Bennett, Public Works Division Manager
City: City of Waterloo
Contractor: Successful bidder that is awarded the contract for
janitorial services
3. Building Information:
The City of Waterloo Public Works Facility is roughly 152,000 square feet in total.
Janitorial services required and areas to be serviced are identified in paragraph 16 of this
RFB.
4. Important Dates:
Pre-Bid Meeting: A walk thru inspection of the areas to be serviced can be scheduled in
advance of submitting the bid by contacting the Project Manager at 319-291-4267/ 319-
291-4445 or by email at: Randy.Ben nett@waterloo-ia.org
Bid Submittal Deadline: Bids must be received by the City no later than 1:00 pm,
Central Time, on THURSDAY, DECEMBER 31, 2020.
Submit Bid (& Bid Bond) to: City of Waterloo, City Hall
Office of the City Clerk
715 Mulberry Street
Waterloo, IA 50703
All bids shall have prices clearly printed on the attached "FORM OF BID". All bids are to
be submitted in a sealed envelope, clearly marked as follows: "BID PROPOSAL FOR
JANITORIAL SERVICES — CITY OF WATERLOO PUBLIC WORKS." All bids shall be
accompanied with a bid security of 5% of the bid price for one year. Bid security shall be
submitted with the bid proposal in a sealed envelope, clearly marked as: "BID SECURITY
FOR JANITORIAL SERVICES". The name of the business submitting the bid must also be
clearly marked on both envelopes. Any bid submitted after the specified date/time shall
be rejected. All bids must be hand delivered or mailed to the above address, and it is the
sole responsibility of the bidder to ensure that the bid is received by the City at the above
location and time. Any bid submitted after the specified date and time shall be rejected.
NO FAXED BIDS WILL BE ACCEPTED UNDER ANY CIRCUMSTANCES
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5. Bid Opening: Thursday, December 31, 2020
1:00 pm, City of Waterloo 1St Floor Conference Room
715 Mulberry Street, Waterloo, IA 50703
6. Contract/ Project to Commence:
Janitorial contract shall commence on or after January 1, 2021, and signing of the
contract. The successful bidder shall submit two (2) original signed contracts to be
approved by the City Council and signed by the Mayor. The City's proposed form of
contract is attached as Exhibit "A" to this RFB. If bidder has an alternate form of contract
it proposes to enter into with the City, it must be included with the bid, but the City is not
obligated to accept the form of contract that bidder proposes.
In conformity with Iowa Code §8A.311(12),the bidder shall give preference to purchasing
Iowa products and purchasing from Iowa-based businesses.
7. Bid Rejection /Acceptance:
The City reserves the right to reject any and all bids,to waive informalities or irregularities
in bidding 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.
Award of contract shall be made to the most responsible and responsive bid from a bidder
whose proposal offers the greatest value to the City with regard to the criteria detailed
and the specifications set forth herein. The City will evaluate proposals in light of all
factors it considers relevant, including but not limited to price, prior dealings, reputation,
knowledge, skills, and other information provided by the bidder in response to this RFB.
The City may select a bidder based on an "all or none" proposal, on individual responses,
or as is otherwise deemed to be in the best interest of the City. A bidder's submission of
a bid constitutes its acceptance of the City's evaluation technique described in this section
and its recognition and acceptance that subjective judgments will be used by the
evaluators in the evaluation.
Financial terms will not be the sole determining factor in the award. To determine the
award the City will use a bid evaluation method that will enable the City to award a
contract to the bidder offering services and experience that represents the best overall
value to the City.
Any contract award(s) made by the City of Waterloo is subject to prior approval by the
City of Waterloo City Council.
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8. Bid Withdrawal:
All bid prices, upon submission by bidder, are recognized by the City and bidder to be
irrevocable for a minimum of thirty (30) calendar days after the scheduled opening of
bids, except with the consent of the City.
9. Bid Security:
Each bidder shall accompany the bid with a bid security in the form of a bid bond, cash
deposit, or guarantee funds drawn on a solvent bank or credit union chartered under the
laws of the United States or the State of Iowa, in the amount of not less than 5% of the
total first year of the proposed project. Bid security shall be made payable to the City of
Waterloo. Bid security shall be submitted in a separate sealed envelope and be affixed
to the bid. The envelope shall have the company name and address clearly stated along
with being labeled as "Bid Security". Bid security shall be returned to bidders who were
not awarded the contract, upon signing of the contract.
10. Reserved.
11. Taxes and Late Fees:
The City is a governmental agency and does NOT pay taxes or late fees.
12. Terms of Payment:
The Contractor shall submit a monthly invoice request for payment. The City shall
endeavor to make payment in a reasonable time frame and manner.
13. Termination of Services:
Either party may terminate the contract with a ninety (90) days' advance written notice
to the other party, or as otherwise provided in the contract.
14. Interpretation of the Contract Documents:
Bidders are hereby given notice to check carefully the accuracy and arithmetic of their
bids before submission of said bid. Plea of errors in bid may nevertheless result in
acceptance or rejection of that bid and award to the next lowest responsible bidder as
determined by the City pursuant to Section 7 above.
The bidder shall verify all sizes, locations and existing conditions prior to bidding. If any
discrepancy is noted by the bidder, the Project Manager shall be notified immediately.
In the event that any questions shall arise after the letting of the contract respecting the
true meaning of the specifications, the matter shall be referred to the Project Manager,
whose decision shall be final as to all parties to the contract. No advantage shall be taken
of any manifest clerical errors or omissions or questions the bidder may have which could
affect the bid before submitting the bid.
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15. Insurance and Legal Requirements:
15.1. The Contractor shall maintain adequate liability insurance in form(s) sufficient to
protect the City of Waterloo, its agencies, its employees, its clients and the general public
against loss, damage and/or expense related to performance under the contract and in
amounts specified in Section 15.4. All insurance shall be on an occurrence basis, shall be
primary and non-contributory, and shall include a waiver of subrogation.
15.2. The Contractor shall provide a Certificate of Liability insurance naming City of
Waterloo as additional insured on policies of general liability and automobile liability, and
said insurance certifications must be provided to the City of Waterloo before or upon
award and signing of contract and a renewal certificate each year before expiration.
15.3. In the event insurance coverage is canceled or non-renewed, the City of Waterloo
must be notified immediately. If at any time during the contract period the Contractor
fails to maintain the minimum insurance coverage, the contract may be canceled at the
City's option.
15.4. Minimum insurance requirements are as follows:
Comprehensive General Liability $2,000,000
Comprehensive Automobile Liability $1,000,000
Workers Compensation State Statutory
15.5. Hold Harmless: The Contractor shall defend, indemnify and hold harmless the City
of Waterloo, its officers, employees, agents, and/or representatives from and against any
and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury
or damages arising out of the performance of the contract, to the extent arising from the
negligent intentional acts or omissions of the Contractor, its officers, agents or
employees.
16. General Requirements:
16.1. The major cleaning shall be done after normal business hours. The Contractor's
supervisory personnel must be present at all times (during the night shift) while service is
being performed. All of the Contractor's personnel must be identifiable my means of not
less than a name badge with the Contractor's identification and the employee name on
the badge.
16.2. To the extent permitted by applicable federal or Iowa law, the Contractor will
provide the Project Manager with a criminal background check form on each employee
having access to City facilities. The information needed includes correct name, date of
birth and social security number. The Waterloo Police Department will conduct a criminal
background check to verify this information, and the City will have the option of denying
access at its discretion to persons with significant offenses it determines to be relevant.
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16.3. The Contractor's personnel shall also sign a "Confidentiality Agreement" which
essentially states that any information the cleaning staff my inadvertently read in the
process of performing their duties shall remain STRICTLY CONFIDENTIAL. Unauthorized
use or disclosure of confidential information, including but not limited to protected health
information, will result in disciplinary action up to and including recommendation for
termination and possibly imposition of fines pursuant to applicable local, state and
federal laws.
16.4. The Contractor's staff will work primarily week nights, beginning at or after 5:00
p.m. and end at such time is agreeable with both the Contractor and the Project Manager.
Weekend work will be permissible with advanced notice for special projects such as
window washing, floor stripping, waxing, etc.
16.5. The Contractor shall supply at its own cost all paper towels,toilet tissue, hand soap,
can liners, cleaning supplies and equipment to properly maintain the building's
cleanliness.
16.6. The City shall provide adequate storage room(s) for the Contractor's use.
16.7. The Contractor shall inform the Project Manager if it observes various maintenance-
related problems such as burned out lights, plugged drains, water leaks, etc.
16.8. The Contractor shall perform the following janitorial assignments at the prescribed
frequency as listed below. Assignments include sweeping and mopping of tile floors,
vacuuming of carpeted floors, cleaning of tables and chairs, emptying of trash, cleaning
countertops and disinfecting touchpoint surfaces. Restroom / locker room maintenance
shall include cleaning of toilets, urinals, sinks, mirrors, counters, floors and disinfecting
touch point surfaces. Restroom/locker room maintenance shall also include replacement
of consumable paper products.
Task Daily Weekly Monthly
Sweep, Mop, Clean & Restock Rest Rooms (#177-109- X
151-129-130)
Sweep, Mop, Clean & Restock Locker Rooms(#135-136- X
137-144-145-146)
Sweep, Mop &Clean Lunch Room—#111 X
Sweep, Mop &Clean Vending Area—#112 X
Sweep, Mop &Clean#110 X
*#107—Hallway, Office Areas—Sweep, Mop &Clean X
Tile Floor Areas and Vacuum & Clean Carpeted Areas*
Sweep, Mop &Clean—#131,#132,#134 and#148 X
Sweep, Mop &Clean—Garage Area -#150, #152,#153, X
#156A
Sweep & Mop Entry Way Tile X
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Sweep & Mop concrete hallway from tile floor to Door X
#165—including Hallway#149 and Hallway#178 (off of
vehicle/equipment parking area)
Buff Corridor and Entry Way Tile—scrub and wax twice
per year
Strip and Wax Corridors and Entry Way Tile—once each
year
Vacuum Carpets in Conference Rooms -#102 s X
Clean Window Sills—All Office, Conference & Lunch X
Room Areas
Sweep, Mop &Clean office area break room #128 X
Clean glass on entry doors (3 entrances) X
Clean office blinds X
Clean minor soiled spots on carpet X
Clean/Wipe off conference room table/chairs-#102 & X
#115
**Disinfect ALL Touchpoints in the following areas: Rest X
Rooms(177-109-151-129-130), Locker Rooms (135-136-
137-144-145-146), Lunch Room 111, Vending Area 112,
Street Clerical Area 114, and Office Areas.
* Employees of Public Works work in all conditions and it is expected that common to all
areas, such as rest rooms / lunch rooms / briefing rooms, floors will be more difficult to
clean given the nature of construction work being accomplished by employees. *
**Touchpoint Disinfecting:The Contractor shall use standard EPA-approved disinfectants
to sanitize critical items that come into contact with skin (hands). This includes shared
articles that facility staff touch (touchpoints)throughout any given workday, including but
not limited to the following: door handles, push bars, light switches, cabinet handles,
refrigerator handles, restroom fixtures (faucet & toilet handles, dispensers, counter
surfaces, etc.), elevator call buttons, HVAC control buttons, remotes, microwave
buttons/handles, handrails, telephones, time clocks, equipment push buttons (copiers,
etc.), countertops, and tables. **
16.9. The Contractor shall provide a list of all cleaning supplies, paper goods, can liners,
hand soap, disinfectants, etc., used by the Contractor in the performance of this contract
to the Project Manager for approval prior to contract startup date. This list shall include
product name and supplier name.
16.10. The Contractor shall provide a "Safety Data Sheet" (SDS) for every chemical to be
used by the Contractor.
16.11. The City will provide the Contractor with access and keys to the facilities for which
services are to be provided. It is the responsibility of the Contractor to see that keys are
NOT misplaced, lost, stolen or copied.
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a) The use of keys by an employee of the Contractor at an unauthorized time or
for an unauthorized reason may be reason for termination of the employee
and/or contract.
b) In the event that a key(s) provided to the Contractor or its employee is lost,
misplaced or stolen,the Contractor will be responsible for notifying the Project
Manager or his designated representative, and Contractor shall pay for
replacement cost of key(s) and/or, if necessary, changing of locks.
16.12. It will be the responsibility of the Project Manager to determine what is deemed
satisfactory performance of the Contractor, which will be based primarily on the
continuous acceptable appearance of the facilities.
16.13. The Contractor's management personnel shall make regular and frequent
inspections to assure that work is being performed in accordance with these
specifications. The management personnel shall report to the Project Manager on a
regular, pre-agreed upon schedule.
16.14. The Contractor will be responsible for the repair or replacement of any damaged
equipment or damages to the building that may occur during the course of carrying out
the prescribed duties. If damages cannot be repaired by the Contractor, it shall be
reported to the Project Manager or his representative, and the cost of said repair shall be
deducted from the monthly invoice.
16.15. The monthly charge includes the services as outlined. Any work not mentioned
can be negotiated and performed after written approval. Except for holidays, these
services shall be performed five (5) days per week, Monday through Friday, unless severe
weather would prevent such scheduling. No work will be performed on weekends unless
approved in advance by the Project Manager.
16.16. No services will be required on holidays. Holidays are identified as New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
16.17. One (1) additional day may be charged each Leap Year.
16.18. The Contractor should direct any questions, concerns or complaints to the Public
Works Division Manager, Randy Bennett, or his designated representative at 319-291-
4267.
17. References:
The bidder must provide along with proposal the names of two (2) or more references,
preferably from institutions of comparable size in which Contractor currently provides
janitorial services. Bidder must list names of firms, addresses, phone numbers and name
of contact persons.
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ALTERNATE #1
Window Cleaning
Semi-annual cleaning of windows (interior and exterior) in all offices, meeting rooms and lunch
rooms.
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ALTERNATE #2
Public Works Facility- 625 Glenwood Street
Waste Management Facility—3505 Easton Avenue
Exclusive Services/Heightened Cleaning—Services described in this Alternate #2 are to be
provided by the Contractor on an as-needed, as-requested basis at either or both of the above
facilities. All disinfecting shall be done by Certified Disinfection Specialists. This Alternate#2
consists of two parts, as indicated below, each of which shall be bid separately.
Locations: The areas to be cleaned at the Public Works Facility are listed in paragraph 16 of this
RFB. The areas to be cleaned at the Waste Management Facility are listed below.
• Administration Building—All offices (7 total), conference room, break room, front
desk/reception area and copier room, laboratory, and restrooms.
• Shop— Break room, two (2) locker rooms and two (2) restrooms, ICT office,
Maintenance Office, Sewer Maintenance Office, and Operator's Office (in the adjacent
building).
Alternate#2- Part 1:
Deep Disinfection Cleaning Services:
The Contractor will deploy deep disinfection cleaning to mitigate actual or presumed human
health hazards, such as from the COVID-19 virus, based on suspected or confirmed presumptive
positive test or other disease indications. The Contractor will use EPA-approved (Hospital
Grade) disinfectants to sanitize all critical and some non-critical items and surfaces that can
potentially host a pathogen/virus. This typically means items that may come into contact with
problematic bacteria or viruses, infectious material, or even bloodborne pathogens. Following
initial disinfection, the Contractor will provide ATP meter testing to check surfaces for
pathogens. According to the Centers for Disease Control and Prevention (CDC), critical contact
surfaces include the following (and anywhere the suspected or confirmed individual traveled
throughout the facility):
1. All touchpoint surfaces
2. Desk top surfaces
3. Desk drawer handles/face plates
4. Touch screens
5. Chair surfaces and hand rails
6. Table tops/kitchen and cafe tables
7. Copier equipment buttons and touchable surfaces
8. Fabric chairs and partitions
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9. Hard surface flooring
10. Carpeted surface (where applicable)
11. Window sills
12. Vertical metal/wood on partitions
13. Door frames
14. Various desk surfaces
15. Elevator walls and stainless steel surfaces
16. Presentation boards
17. All cabinet surfaces
18. Wall surfaces
19. Hard surface ceiling
This service shall be used to complement existing cleaning service standards with frequent
disinfection.
Alternate#2, Part 2:
Electrostatic spraying: The Contractor may also be requested to use a broader coverage
electrostatic spraying with EPA registered and approved disinfectants. Only EPA-registered
disinfectants from the EPA's List N are to be used with electrostatic and other sprayers.
Disinfectants that are found on List N are deemed effective against SARS-CoV-2 and are
appropriate to be used to disinfect environmental surfaces that may be contaminated with this
novel virus. Contractor shall indicate when City personnel may return to the area that has been
sprayed. Waste Management operations are 24/7 and it is vital that personnel have access to
facilities as soon as possible.
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CITY OF WATERLOO
FORM OF BID
The bidder, having fully read this Request for Bids (RFB) for Janitorial Services, hereby
acknowledges that this Bid Proposal completely reflects the total bid price for all services
required by the RFB.
It is the bidder's responsibility to determine the bid price based on the bidder's own
evaluation of the space to be covered and work to be done.
Bid (monthly) for regular janitorial
Services at Public Works Facility:
Alternate#1 Bid
(window washing):
Alternate#2, Part 1 Bid
(deep disinfection):
Alternate#2, Part 2 Bid
(electrostatic spraying):
(Company Representative Name) (Title)
(Company Representative Signature) (Date)
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EXHIBIT "A"
FORM OF CONTRACT
CONTRACT FOR JANITORIAL SERVICES
Public Works Facility
This Contract for Janitorial Services (the "Contract") is entered into as of
2021 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 three (3)years after the date of this Contract, ending
December 31, 2023, subject to extension upon the mutual written agreement of the parties,the
Contractor agrees to furnish all supervision,personnel, labor,materials,tools, equipment, and
services, and to perform and substantially complete all work as described in the Contract Documents
(defined below) at City's Public Works Facility.
Contractor shall provide the above services at the cost set forth in Contractor's RFP response.
Contractor's invoice for services authorized under this Contract shall be submitted on a monthly
basis and will be paid within thirty(30) days after receipt. 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 Contract terms.
2. Contract Documents. The Contract Documents consist of the following:
a. This Contract
b. Request for Bids
C. Addenda, if any
d. Response (Proposal or Bid) from the Contractor
e. Contractor's completed and signed Bid Form
These documents form the Contract Documents and are all fully incorporated as a part of this
Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or
ambiguity among the Contract Documents, the document in the order set forth above that first
addresses the issue or provision in question shall govern.
3. Communication. Contractor shall exercise best efforts to maintain communication
with City personnel whose involvement is necessary or advisable for successful and timely
completion of the project work. 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.
4. Personnel Changes. Upon written request from City, Contractor will remove from
service any employee assigned to Client's premises who has engaged in improper conduct, including
but not limited to a failure to perform Contractor's duties hereunder, and shall furnish such additional
and qualified personnel as may be necessary.
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5. Property Damage. Contractor shall be responsible for all damage to public or private
property. Contractor shall keep a report of all damage and shall promptly report same to City. If
public or private property is damaged by Contractor and is not repaired in a timely manner as
determined by City, City has the option of having the damage repaired at the Contractor's expense,to
be reimbursed to the City or withheld from future payments to Contractor hereunder.
6. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant,agreement or obligation set forth in this Contract,and if
such default remains uncured for a period of seven(7)days after notice thereof shall have been given by
City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but
requires acts to be done or conditions to be remedied which,by their nature,cannot be done or remedied
within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the
same to completion within such 14-day period),then City may declare that Contractor is in default
hereunder and may take any one or more of the following steps,at its option:
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) charge Contractor a sum equal to the City's costs to remedy Contractor's non-
compliance,including but not limited to actual costs incurred by City in paying a
third-party contractor or the actual costs(salary and benefits)of time devoted by
City personnel performing the work;
c) declare a default of this Contract and terminate this Contract by delivery to
Contractor of written notice of termination; and/or
d) take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder.
City shall notify Contractor in writing of any charges assessed under paragraph b)above,and City may
recover such charges by deduction from City's payment to Contractor at any time after 30 days from
delivery of notice. No delay in enforcing the provisions of this section as to any breach or violation shall
impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for
the continuation or repetition of such breach or violation or any similar breach or violation thereof at any
later time or times. In the event that City prevails against Contractor in a suit or other enforcement
action hereunder,Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City.
7. Termination for Convenience. This Contract may be terminated at any time, in whole
or in part,upon the mutual written agreement of the parties. Either party may also choose to
terminate this Contract at any time by delivering to the other party a 90-days' advance written notice
of intent to terminate.
8. Non-Assignable Duties. Contractor may not assign its duties hereunder without the
prior written consent of City.
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9. 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 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.
10. 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 and ordinances of the City of Waterloo, which are herein incorporated by reference and
made a part of this Contract.
11. 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.
12. 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 Janitorial Services as
of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor [Contractor]
Attest:
Kelley Felchle, City Clerk
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CITY OF WATERLOO
Council Communication
Resolution approving award of bid to Arends Excavating, of Waterloo, Iowa in the amount of$588,788.26,
and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2021 Leversee
Road Lift Station, Contract No. 983, and authorizing the Mayor to execute said documents.
City Council Meeting: 12/14/2020
Prepared: 12/2/2020
Resolution approving award of bid to Arends Excavating, of Waterloo,
Iowa in the amount of$588,788.26, and approving the contract, bonds. and
SUBJECT: certificate of insurance in conjunction with the FY 2021 Leversee Road Lift
Station, Contract No. 983, and authorizing the Mayor to execute said
documents.
Submitted by: Submitted By:Matt SchindeL Associate Engineer
Expenditure Required: $588,788.26
Source of Funds:
Page 115 of 227
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as
January 7, 2021 and date of public hearing as January 19, 2021, in conjunction with the FY 2021 Center For
The Arts Parking Improvements Phase 3, Northwest Half Project, Contract No. 1004, and instruct the City
Clerk to publish said notice.
City Council Meeting: 12/14/2020
Prepared: 10/7/2020
ATTACHMENTS:
Description Type
❑ Notice to Bidders Backup Material
❑ Notice of Public Hearing Backup Material
Resolution approving preliminaryplans. specifications. form of contract,
etc., setting date of bid opening as January 7. 2021 and date of public
SUBJECT: hearing as January 19. 2021, in conjunction with the FY 2021 Center For
The Arts Parking Improvements Phase 3, Northwest Half Project. Contract
No. 1004, and instruct the City Clerk to publish said notice.
Submitted by: Submitted By:Matt SchindeL Associate Engineer
Summary Statement:
Expenditure Required: TBD
Source of Funds: G.O. Bond Funds
Page 116 of 227
NOTICE TO BIDDERS
For the Taking of Construction Bids for the
FY 2021 CENTER FOR THE ARTS PARKING IMPROVEMENTS
PHASE 3, NORTHWEST HALF
CITY OF WATERLOO, IOWA
CONTRACT NO. 1004
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 7th day of January, 2021, until 1:00 p.m. for the reconstruction of the FY 2021
CENTER FOR THE ARTS PARKING IMPROVEMENTS, PHASE 3, NORTHWEST HALF, City Contract
No. 1004, as described in detail in the plans and specifications now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of
Waterloo, Iowa, on the 71 day of January, 2021, at 1:00 p.m., and the proposals will be acted upon at
such later time and place as may then be fixed by the City Council.
PUBLIC HEARING
The Council of said City will conduct a public hearing on the proposed plans, specifications,form of contract,
and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on
January 1911, 2021, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said
City.
SCOPE OF WORK
This project consists of parking lot reconstruction, colored sidewalk, stairs, lighting and landscaping of the
existing Waterloo Center for the Arts parking lot.
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working days after receipt of
"Notice to Proceed." Phase 3A of the project shall be substantially completed on or before March 31,2021.
Phases 3B and 3C shall be substantially completed on or before July 31, 2021, with final completion on or
before August 31, 2021. Winter Work will be required to complete Phase 3A work.
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.
NOTICE TO BIDDERS NTB-1 of 4 FY21 Center for the Arts Parking Improvements
AECOM#60617879 City Contract No.1004 Phase 3,Northwest Half
City of W�ag,,Ir1a17 of 227
PLANS AND SPECIFICATIONS
Complete digital Plans and Specifications are available at www.questcdn.com. You may download the
digital documents free of charge from Questcdn by inputting Questcdn Project#7439286 on the website's
Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance
in free membership registration, downloading and working with this digital project information.
Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street,
Suite 222,Waterloo, Iowa, upon receipt of a$150.00 deposit(CHECK ONLY). Deposits are fully refundable
if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink
markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above 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 and consulting engineer to verify eligibility for
the refundable deposit.
Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM
Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from
being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive
addenda or other time-sensitive / bid-critical documents. The City has the right to reject any bids that do
not have current bidding documents included in the proposal.
Upon award of project,the prime contractor, 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 within the State of Iowa and preference will be given to local domestic labor in the construction
of the improvement.
PROPOSALS SUBMITTED
The bidder shall submit 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.
NOTICE TO BIDDERS NTB-2 of 4 FY21 Center for the Arts Parking Improvements
AECOM#60617879 City Contract No.1004 Phase 3,Northwest Half
City of W�ag,,Ir1a18 of 227
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.
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 completed within the specified contract period, plus authorized extensions,
the contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00)
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.
NOTICE TO BIDDERS NTB-3 of 4 FY21 Center for the Arts Parking Improvements
AECOM#60617879 City Contract No.1004 Phase 3,Northwest Half
City of W�ag,,Ir1a19 of 227
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.
BIDDER STATUS
Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder
requirements.
Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein
provided.
Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed
nonresponsive and rejected.
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 NTB-4 of 4 FY21 Center for the Arts Parking Improvements
AECOM#60617879 City Contract No.1004 Phase 3,Northwest Half
City of Wage"f' 0 of 227
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost
For the
FY 2021 CENTER FOR THE ARTS PARKING IMPROVEMENTS
PHASE 3, NORTHWEST HALF
In the City of Waterloo, Iowa
CONTRACT NO. 1004
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 7th day of January, 2021 until 1:00 p.m. for the reconstruction of FY 2021
CENTER FOR THE ARTS PARKING IMPROVEMENTS, PHASE 3, NORTHWEST HALF, City Contract
No. 996, as described in detail in the plans and specifications now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of
Waterloo, Iowa, on the 7th day of January, 2021, at 1:00 p.m., and the proposals will be acted upon at
such later time and place as may then be fixed by the City Council.
PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans,
specifications, form of contract, and estimate of cost for the construction of the above-described
improvement project at 5:30 p.m. on the 1911 day of January, 2021, said hearing to be held in the Harold
E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract,
and estimate of cost for said improvements heretofore prepared by AECOM for the City of Waterloo are
now on file in the office of the City Clerk for public examination, and any person interested therein may file
written objection thereto with the City Clerk before the date set for said hearing, or appear and make
objection thereto with the City Clerk before the date set for said hearing, or appear and make objection
thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following
locations:
1) City of Waterloo web site at http://ci.waterloo.ia.us/
2) Plan rooms:
Master Builders of Iowa
221 Park Street, PO Box 695
Des Moines, IA 50303
McGraw Hill Construction Dodge
3315 Central Ave.
Hot Springs, AR 71913
Reed Construction Data
30 Technology Parkway South, Ste. 500
Norcross, GA 30092
3) Plan Room Web sites:
Master Builders of Iowa web site at www.mbionline.com
Dodge Lead web site: http://dodgepromects.construction.com/
NOTICE OF HEARING NPH-1 of 2 FY21 Center for the Arts Parking Improvements
AECOM#60617879 City Contract No.1004 Phase 3,Northwest Half
City of Wage°"f 21 of 227
Reed Const. Data Lead web site: http://www.cmdqroup.com/project-leads/
SCOPE OF WORK
This project consists of parking lot reconstruction, colored sidewalk, stairs, lighting and landscaping of the
existing Waterloo Center for the Arts parking lot.
Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City
Council of said Waterloo, Iowa, on the day of 2020.
CITY OF WATERLOO, IOWA
BY:
Kelley Felchle
City Clerk
NOTICE OF HEARING NPH-2 of 2 FY21 Center for the Arts Parking Improvements
AECOM#60617879 City Contract No.1004 Phase 3,Northwest Half
City of Wage"I 22 of 227
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net
decrease of$203,925.11, in conjunction with the FY 2019 Wing Dike Project, Contract No. 966, and
authorizing the Mayor to execute said document.
City Council Meeting: 12/14/2020
Prepared: 12/9/2020
ATTACHMENTS:
Description Type
❑ Council Memo Cover Memo
Motion approving Change Order No. 1 with Peterson Contractors, Inc., of
SUBJECT: Reinbeck. Iowa, for a net decrease of$203,925.11. in conjunction with the
FY 2019 Wing Dike Project, Contract No. 966, and authorizing the Mayor
to execute said document.
Submitted by: Submitted By:Brad ManahL Operations Supervisor
Recommended Action: Approve Change Order# 1
Expenditure Required: Decrease of$203,925.11
Source of Funds: Sewer
Page 123 of 227
CITY OF WATERLOO , IOWA
WASTE MANAGEMENT SERVICES DEPARTMENT
• 3505 Easton Ave. • Waterloo, IA 50703 • Phone(319)291-4553
Date: December 8, 2020
To: Waterloo Mayor and City Council
From: Matthew Hosford, P.E., Waste Management Services
Re: Resolution Approving Change Order No. 1 for the FY 2019 Wing Dike (Contract No. 966)
Background Discussion
The 2019 Wing Dike Project was awarded to Peterson Contractors of Reinbeck, Iowa in September of 2018.
The original contract amount was $560,497.00. Change Order No. 1 will reduce the contract amount by
$203,925.11 for a total contract price of$356,571.89. Change Order No. 1 reconciles estimated quantities with
the actual quantities placed in the field during the course of the project. No further change orders are
anticipated.
Recommended Action
It is recommended that City Council support the resolution to approve Change Order No. 1 for a contract
reduction in total price in the amount of $203,925.11.
Page 124 of 227
CITY OF WATERLOO
Council Communication
Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel-motel
mini grant application for the 2020 50/50 Bowling Tournament in the amount of$3,000
City Council Meeting: 12/14/2020
Prepared:
ATTACHMENTS:
Description Type
❑ Application Backup Material
❑ Council Communication Backup Material
Resolution approving the Convention and Visitors Bureau Board
SUBJECT: recommendations for funding a hotel-motel mini grant application for the
2020 50/50 Bowling Tournament in the amount of$3.000.
Submitted by: Submitted By:Tavis HaIL Executive Director of Waterloo Convention and
Visitors Bureau
This event is a postponed event due to COVID-19. During this time, having
an event driving business to our community partners (lodging, dining,
Summary Statement: attractions, etc) is incredibly impactful. Expectations are that we'll see 248
total participants for this event at Cadillac Lanes, with almost all from
outside of Black Hawk County, with nearly 100 projected total room nights.
Source of Funds: Hotel-motel tax grant funding for FY20
Page 125 of 227
A, 1
40SP
Waterloo Hotel-Motel Tax Grant Application
Entire application MUST be typed,and every question must be answered fully
Name of Event/Project: 50/50 Bowling Tournament
EXPERIENCE"
waterlooTotal Request: $ 3000.00 Total Project Cost:$ 20'000
aMA
rm
Experience Waterloo,on behalf of the City of Waterloo, is accepting grant requests for event-related projects that
will have a positive impact on the tourism industry in Waterloo during Fiscal Year 2021(Julyl,2020—June 30,2021.
The hotel-motel tax grants have been established to reach the following goals:
1. Recognize and support events that have a significant economic impact on Waterloo.(35%of totolscore)
2. Support organizations and activities that strengthen the perception of Waterloo.(35%oftotalscore)
3. Make impactful events possible with financial support from this process.(30%oftotalscore)
Overall scores may be increased when an application demonstrates the following:
• Support events that will utilize the Experience Waterloo booking engine.
• New events or events that have significant changes from prior year's event.
**Grants meeting either of the above criteria will have scores increased by 10pts for each category**
Applications should specifically show how the event brings visitors to Waterloo,both for this event,and in the long-
term.Grants aren't intended to provide long-term or operational support but are intended to support marketing
and event efforts that help advance the above goals.
O 140*��
c xYW Inf=vbory3ad®wid ffamaba,
Name of presenting organization: CadillacXBC/Senior Scratch Bowling Association
Organizational Structure: For-Profit 0 FEIN Number:20- 4908836
Check payable to: Cadillac XBC
Contact person: Rich Eighme
Address: 1980 Winston PI
City: Waterloo state: IA Zip: 50701
Phone number: 319-239-8148 Email: rnkruban@aol.com
Organization Web Address: www.iowabowl.com
Is a member of the Waterloo City Council on your Board of Directors? If so,who? NA
How does your organization market to/reach an audience outside of Black Hawk County beyond this
event/project? Entry blanks are sent to each bowling center in Iowa and surrounding stat
Have hotel-motel tax grants been received for this project previously?
Page 126 of 227
&"VPMjRd14"Ma&M
Event/Project Success&Changes
Event/Project Location: Cadillac XBC Event/Project Date: Dec. 5-6th
a. Please describe the project.
[limit answers to 250 characters]
This is an annual bowling tournament held in Waterloo at Cadillac XBC. This
year marks the 23rd year. The team portion of the tournament is held on
Saturday afternoon with many of the bowlers staying overnight for the Sunday
doubles event.
b. Please describe the primary goal of this event and describe the mechanism for measuring success of the
project/event in relation to the primary goal.
[limit answers to 500 characters]
c. Is this a new project or are there significant changes to event from previous years? No 0
If yes, please describe, in detail, how this project explores a new idea, new direction or is innovative?
Please describe, in detail,those changes. Examples could include changes in marketing efforts,expansion
of the event schedule,etc.
[limit answers to 250 character]
This is an annual bowling tournament held in Waterloo at Cadillac XBC. This
year marks the 23rd year. The team portion of the tournament is held on
Saturday afternoon with many of the bowlers staying overnight for the Sunday
doubles event.
Projected Attendance
c. What are your expectations for TOTAL attendance?
SUN MON TU ES WED THURS FRI SAT TOTAL
144 + + + + + + 104 = 248
d. What will be the mechanism for tracking/measuring attendance?
[limit answers to 125 characters]
Based on past phistory,the Sunday doubles portion of the tournamentfills up to max 144 bowlers 6 weeks
prior to the event da
e. What are your expectations for TOTAL OUT-OF-COUNTY attendance?
SUN MON TUES WED THURS FRI SAT TOTAL
122 + + + + + = 88 210
Waterloo Hotel-Motel Tax Event Grant Rules-FY21 2
Page 127 of 227
f. What will be the mechanism for tracking//measuring out-of-county attendance?
[limit answers to 125 characters]
We ask the bowlers at the time of check in to fill out a surevey askiing which hoetl
g. How many attendees will be traveling to Waterloo via air-travel? 0
h. Please provide event attendance and hotel use history if applicable.
i. Where has the event been held last year? Waterloo
ii. What was the previous year's attendance? 250+
Hotel Info
i. What are your expectations for TOTAL hotel room night use in Waterloo?
SUN MON TU ES WED THURS FRI SAT TOTAL
+ + + + + + 90 — 90+
j. In May of 2020, Experience Waterloo will provide a booking engine on ExperienceWaterloo.com .Will your
organization/event promote the Experience Waterloo booking engine as the preferred method to reserve
rooms? ❑
No -
k. If you are not planning to use the Experience Waterloo booking engine, how will you track room use?
[limit answers to 125 characters]
We ask the bowlers at the time of check in to fill out a surevey askiing which hoetl
I. Do you have room blocks? No 0
i. If so, list property(if known),#of rooms&rate:
1 Hampton Inn I $ .00
2. I S .00
3. I $ .00
4. I $ .00
5. I $ .00
Marketing
m. What specific marketing will you be doing outside of Black Hawk County for this event/project?Please
specify locations,audience size,etc. Please provide information about specific media,schedule,costs,etc.
[limit to 500 characters]
Sending out entry blanks to bowlering center which hav ehad participant in past tournaments.
Social media such as Facebook and bowling tournament websites, etc.
Waterloo Hotel-Motel Tax Event Grant Rules-FY21 3
Page 128 of 227
n. Please break down costs association with your marketing efforts.
Platform Cost Notes
U14Z of qmleT"
Please fill out the attached budget information(attached Excel file), and provide the following budget snapshot.
Budget information should be as complete as possible.
o. Total Income:$ 19,000 1 Total Expense:$ 19,000 Net Profit(Loss)for the event:$ 0
p. How will grant funds be used?
[limit to 125 characters]
We do not intend to have a profit.
q. How would not receiving full funding through this process impact the success of your event?
[limit to 125 characters]
We do not intend to have a profit.
r. How will profit(if applicable)be used by the project/organization/business?
[limit to 250 characters]
We do not intend to have a profit.
Waterloo Hotel-Motel Tax Event Grant Rules-FY21 4
Page 129 of 227
P auxA
Please submit completed grant application via email to Tavis Hall at Tavis@ExperienceWaterloo.com.All
applications must be submitted electronically. In addition to the application, please also provide supporting budget
documents and sponsorship packets if available.
Due date of application is March 11th,2020.
Vw*w&*w1ta#JS4m&m
I have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau.To the best of my
knowledge,the information contained in this application and its attachments is accurate and complete.The Hotel-Motel Tax Grant funds are
reimbursementfunds for project funding already spent,and are to be used for the express purpose as stated in the Grant Application.I,the
undersigned,know full and well that if this program/project does not transpire,recommendation by the Waterloo Convention and Visitors Bureau
Board of Directors for funding will be withdrawn.My organization will be responsible for refunding any portion of grant funds already received or
for covering the costs for portions of the project that are non fundable or not stated herein.
RE 9/21/20
Initials of Applicant Date
Waterloo Hotel-Motel Tax Event Grant Rules-FY21 5
Page 130 of 227
Council Communication
City Council Meeting: December 14, 2020
Prepared: December 8, 2020
Dept. Head Signature:
Number of Attachments: 1
SUBJECT: Mini-Grant Applications for 2020 50/50 Bowling Tournament
Submitted by: Tavis Hall, Experience Waterloo
Recommended City Council Action: Approve Experience Waterloo (CVB) board recommendation of
$3,000
Event Summary
This event is a postponed event due to COVID-19. During this time, having an event driving business
to our community partners (lodging, dining, attractions, etc) is incredibly impactful. Expectations are
that we'll see 248 total participants for this event, with almost all from outside of Black Hawk County,
with nearly 100 projected total room nights.
This event will be held at Cadillac Lanes in Waterloo.
Projected economic impact: $87,987
Request: $3,000
ROI (Economic impact based on requested funds): An $3,000 award would return $29.33 per
dollar invested.
Source of Funds: Hotel-motel tax grant funding for FY21
Policy Issue: None
Alternative: Do not provide funding or provide alternate funding amount.
Background Information: The Experience Waterloo Board reviewed all applications and scored
based on the project's ability to meet the goals of the grant program:
1. Does the project have a significant economic impact / significantly enhance the visitor's
experience in Waterloo?
2. Does the project strengthen the perceptions of Waterloo?
3. How important are grant dollars toward ensuring the success of the project?
4. Is the application clear, complete and thought-out?
5. Is the project new, or are there significant changes from previous years?
Page 131 of 227
Event Impact Summary
Destination: Waterloo Convention &Visitors Bureau
Event Parameters Key Results
Event Narne- FY21 Mini - 50150 Tournament Business Sales (Direct): $56,431
Organization: Cadillac}CBC Business Sales (Total): $87,987
Evert Type: Convention Jobs Supported (direct): 39
Start Date: 1(16/2021 Jobs Supported (Total): 46
End Date: 1/17{2021 Local Taxes (Total): $2,176
Overnight Attendees: 210 Net Direct Tax ROI: $2,073
Day Attendees: 0 Estimated Room Demand: 253
Direct Business Sales
Sales by Source Sales by Sector
$50 000
Trans.
$40.000 Space Rental
Retail
$30.000-
Recreation
$20.000
$10.000 Foo&Eev
Business Services
$Q
Attendees Or$anitar Exnioitom Sri S5, S10,00 515,000 524.MD 525,LM
Industry Attendees Organizer Exhibitor Total
Lodging $22,774 $519 $D $23,292
Transportabon $4,298 $173 $1,038 $5,508
Food & Beverage $11,560 $0 $2,182 $13,742
Retail $3,420 $0 $0 $3,420
Recreation $2,194 $0 $0 $2,194
Space Rental $0 $0 $602 $602
Business Services $0 $4,878 $2,794 $7,672
TOTAL $44,246 $5,570 $6,616 $56,431
Page 132 of 227
CITY OF WATERLOO
Council Communication
Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo,
Iowa, in an amount not to exceed $59,500, for construction related services in conjunction with the FY 2021
E. Shaulis Road Trail Extension, Phase Il Project, Contract No. 1012, and authorizing the Mayor to execute
said document.
City Council Meeting: 12/14/2020
Prepared: 12/7/2020
ATTACHMENTS:
Description Type
❑ SA#1 Backup Material
Resolution approving a Professional Services Agreement with AECOM
Technical Services. Inc.. of Waterloo, I, owa, in an amount not to exceed
SUBJECT: $59,500, for construction related services in conjunction with the FY 2021
E. Shauhs Road Trail Extension, Phase II Project, Contract No. 1012, and
authorizing the Mayor to execute said document.
Submitted by: Submitted By:Jamie Knutson, PE, City Engineer
Recommended Action:
Expenditure Required:
Source of Funds: TAP Grant and G.O. Bonds
Page 133 of 227
_ AECOM 319-232-6531 tel
C0m 501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo,Iowa 50703
www.aecom.com
CITY OF WATERLOO, IOWA
E. SHAULIS ROAD TRAIL EXTENSION, PHASE II
TAP-U-8155(766)--81-07
SUPPLEMENTAL AGREEMENT NO. 1
WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo (Client),
715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street,
Suite 222, Waterloo, Iowa, dated February 17, 2020, for construction of a 0.7-mile shared use path along
either side of Shaulis Road from Cedar Terrace Drive to the Cedar Valley Nature Trail; and
WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 for construction-
related services.
NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows:
I. Project Description
This project includes the construction of a 0.7-mile shared use path along either side of Shaulis
Road from Cedar Terrace Drive to the Cedar Valley Nature Trail. This 10' wide PCC shared use
path will include a crossing of Foulk Road, culvert extensions, driveway modifications and erosion
control. The project is anticipated to be constructed in the 2021 construction season.
11. Scope of Services
The Scope of Services will encompass and include detailed work, services, materials, equipment,
personnel and supplies necessary to provide construction-related services for the project defined
above. The Scope of Services is further defined as follows:
Task 1. Conduct a preconstruction conference attended by representatives of the Contractor,
Client, Consultant and affected utilities.
Task 2. Provide construction staking for horizontal and vertical controls for the project as follows:
a. Set Stakes for Temporary Easements at 100-foot Intervals
b. Set Slope Stakes or Grading Stakes at 50-Foot Intervals
C. Set Stakes for Drainage Structures
d. Set Stakes at 25-Foot Intervals for Sidewalk/Trail
e. Set Stakes for Sidewalk Compliance
f. Set Stakes for Driveways
g. Set Stakes for Removal and Replacement of Fence
h. Set Stakes for Location of Signs
Task 3. Review shop drawings and other submittals as required of the Contractor by the contract
documents for conformance with the design concept of the project and compliance with the
information given in the contract documents.
Task 4. Answer design interpretation questions from the Client, Contractor, review staff and
appropriate agencies.
Task 5. Prepare bi-monthly applications for payment based on information provided by field review
staff and Contractor and forward to the Client for execution with recommendation for approval and
payment.
Page 134 of 227
�L=C0m Page 2
Task 6. Perform construction site visits by design personnel at appropriate stages of construction
to review the quality of the work and to determine whether the work conforms to the contract
documents.
Task 7. Prepare and assist the Client and Contractor in processing contract change orders.
Task 8. Provide periodic field observation during construction to review the work of the Contractor
to determine if the work is proceeding in general accordance with the contract documents and that
completed work appears to conform to the contract documents. Staffing requirements may be
adjusted during the project in relation to the level of construction activity.
Task 9. Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as
required by Iowa DNR and City of Waterloo.
Task 10. Report to the Client any work believed to be unsatisfactory, faulty or defective or does
not conform to the contract documents, and advise the Client of any work that should be corrected
or rejected.
Task 11. Consider and evaluate Contractor's suggestions for modifications and report them with
recommendations to the Client.
Task 12. Facilitate bi-weekly construction progress meetings of project and complete minutes for
each meeting.
Task 13. Participate in a review of the project with the Client and review staff near project
completion and prepare a list of items to be completed or corrected.
Task 14. Participate in a field observation of the completed project with the Client and review staff
before a final application for payment is processed for the Contractor.
Task 15. Maintain files for correspondence, reports of the job conferences, shop drawings and
sample submissions, reproductions of original contract documents including addenda, change
orders, field modifications, additional drawings issued subsequent to the execution of the contract,
Engineer clarifications and interpretations of the contract documents, progress reports and other
project-related documents.
Task 16. Provide the Client with a copy of revised drawings of the construction plans (record
drawings)for the project based on the construction observation records of the field review staff and
the Contractor showing those changes made during construction considered significant.
Task 17. Prepare and assist the Client with the final close-out documentation received from the
Contractor.
III. Compensation
Compensation for the above services will be on an hourly basis in accordance with Part VI of the
original agreement and shall be segregated from the fees in the original agreement. The estimated
fee is Fifty-Nine Thousand Five Hundred Dollars ($59,500.00).
IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in
the Professional Services Agreement dated February 17, 2020.
Page 135 of 227
�L=C0m Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the
dates shown below:
AECOM TECHNICAL SERVICES, INC.
By Date December 8, 2020
Douglas W. Schindel, P.E.
Associate Vice President
APPROVED FOR CLIENT:
By: Date
0:Wdministration\AGREE\SUPPLE\SA1 Wat Shaulis Rd Trail Ph II CRS.docx
Page 136 of 227
CITY OF WATERLOO
Council Communication
Resolution approving and accepting a permanent easement with Lost Island Real Estate, L.C., for
construction of a public warning siren, located at 4550 Hess Road, and authorizing the Mayor and City Clerk
to execute said document.
City Council Meeting: 12/14/2020
Prepared: 12/8/2020
ATTACHMENTS:
Description Type
❑ Aerial Photo Backup Material
❑ Agreement and Exhibit A Backup Material
Resolution approving and accepting a permanent easement with Lost Island
SUBJECT: Real Estate, L.C.. for construction of a public warning siren, located at 4550
Hess Road, and authorizing the Mayor and City Clerk to execute said
document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
This is a request approving and accepting a permanent easement for a public
warning siren with Lost Island Real Estate, L.C., located at 4550 Hess
Road. There is an existing siren about 150' to the south on the east side of
the gravel driveway and the new siren will be on the west side of the
Summary Statement: driveway. The pole that has the current siren on it cannot be used due to the
closeness of overhead electrical wires, due to the reason the siren is being
relocated. Establishment of the easement will allow access to the siren for
continued operation and maintenance.
Expenditure Required: No expenditure required for the easement.
Source of Funds: N/A
Policy Issue: Public Safety
An easement for the erection and operation of a public warning siren and for
ingress and egress to access and maintain the siren over that portion of
Parcel"C" of the Southeast Quarter(SE 1/4), Section 11, Township 88
North, Range 13 West, in the City of Waterloo, Black Hawk County, Iowa,
and being more particularly described as follows:
Commencing at the Northeast corner of said Southeast Quarter(SE 1/4) of
Section 11;
thence South 89° 17' 08" West 224.31 feet along the north line of said
Southeast Quarter(SE 1/4)to the northern most East line of said Parcel
Page 137 of 227
Legal Descriptions: "C";
thence South 0° 13' 14" East 52.0 feet along said East line of said Parcel
"C" to the Point of Beginning;
thence South 89° 46' 46" West 30.0' normal to said East line;
thence South 0° 13' 14" East 21.0 feet parallel with said East line;
thence North 89° 46' 46" East 20.0' normal to said East line;
thence South 0° 13' 14" East 60.0 feet parallel with said East line;
thence North 89° 46' 46" East 10.0' normal to said East line and to said East
line;
thence North 0° 13' 14" West 81.0 feet along said East line to the Point of
Beginning, containing 1,230 square feet(0.028 acres).
Page 138 of 227
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Citt of Waterloo, Iowa W—�/E
Prepared by Christopher S.Wend land. P.O,Sox 596_-W aterloo.l.A 50704. Phone(3 19)234-5701
After recording,return to City of Waterloo,715 Mulberry Street, Waterloo, 1A 50703, Attn: Tim Andera.
EASEMENT AGREEMENT—Public Warning Siren
This Easement Agreement (the "Agreement") is entered into as of December 8th, 2020 , by
and between Lost Island Real Estate, L.C. ("Grantor"), and the City of Waterloo,Iowa("Grantee").
I. Grant of Easement. In consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and
Grantee does hereby accept, a permanent easement (the "Easement") in, to, upon, over, beneath
and across the real property depicted and legally described on Exhibit"A" attached hereto and
by this reference made a part hereof(the "Premises"). In support of the Easement, Grantor also
grants to Grantee reasonable rights of ingress and egress to the Premises, which currently has
access from a private drive off of Hess Road.
2. Purpose. Grantee, its officers, employees, contractors, and agents, shall have
reasonable rights of ingress and egress over, across, and upon the Premises for purposes of
constructing, installing, operating, inspecting, repairing, maintaining, replacing, upgrading, and
removing such improvements, infrastructure and other facilities for a public warning siren.
Grantee shall have the right, but not the obligation, to trim and/or remove grasses, bushes, trees,
and other vegetation from the Premises as reasonably necessary in support of the Easement
purposes and related activities. If Grantee's Easement activities disturb the soil, upon completion
Grantee shall level the soil and otherwise make reasonable effort to restore the Premises to the
condition it was in before work commenced.
3. Miscellaneous Provisions. This Agreement shall run with the land and is binding
upon and shall inure to the benefit of the parties and their respective successors, assigns and
transferees. References in the singular number include the plural, and vice versa. This Agreement
is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all
prior understandings or agreements relating to the subject matter hereof,whether oral or written,and
this Agreement may not be modified except by the mutual written agreement of both parties.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
Page 140 of 227
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LOST ISLAND REAL ESTATE, L.C. CITY OF WATERLOO, IOWA
By: By:
Manager Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
Acknowledged before me on QR, , cf,, 2,&-.c) , by `C.ti,�� � c� as
Manager of Lost Island Real Estate, L.C.
L),
Notary Public
im YOUNGSUrr
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My Oo�hsloon EW=
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STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
Acknowledged before me on ; by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
2
Page 141 of 227
Index Legend
Location Parcel C, SE 1/4,
Description: Section 11, T88N, R1 3W,
City of Waterloo, Iowa
Exhibit "A
Requestor: Sandie Greco, City of Waterloo
"
Proprietor: Lost Island Real Estate, LC
Surveyor: William W. Castle
Surveyor City of Waterloo Engineering Department
Company: 715 Mulberry Street, Waterloo, IA 50703
Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312
Plat of Survey
Public Warning Siren Easement
Parcel "C" of the SE 1/4, Sec. 11, T88N, R13W,
City of Waterloo, Black Hawk County, Iowa
Public Warning Siren Easement Description:
An easement for the erection and operation of a public warning siren and for ingress and egress to access and maintain
the siren over that portion of Parcel "C" of the Southeast Quarter(SE 1/4), Section 11, Township 88 North, Range 13 West,
in the City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows:
Commencing at the Northeast corner of said Southeast Quarter(SE 1/4) of Section 11;
thence South 89° 17' 08" West 224.31 feet along the north line of said Southeast Quarter(SE 1/4) to the northern most
East line of said Parcel "C";
thence South 0° 13' 14" East 52.0 feet along said East line of said Parcel"C"to the Point of Beginning;
thence South 89° 46' 46" West 30.0' normal to said East line;
thence South 0° 13' 14" East 21.0 feet parallel with said East line;
thence North 89° 46' 46" East 20.0' normal to said East line;
thence South 0° 13' 14" East 60.0 feet parallel with said East line;
thence North 89° 46' 46" East 10.0' normal to said East line and to said East line;
thence North 0° 13' 14" West 81.0 feet along said East line to the Point of Beginning, containing 1,230 square feet(0.028
acres).
Survey Notes:
1. The Bearings shown on this survey are derived from GPS observations
using the Iowa State Plane Coordinate System, North Zone, NAD 83(2011).
2. All dimensions are in US Survey feet and decimals thereof.
I hereby certify that this surveying document was
��gSION,g4 prepared and the related survey work was performed
°000e° 9
oto by me or under my direct personal supervision and
oo WILLIAM ° N that I am a duly licensed Land Surveyor under the
v ° W laws ff th State owa.
w o CASTLE
c�0 19 715
°Oo oo°°
°° Wi lia V.Castle,PLS Date
/Ow
A * License Number 19715
My License Renewal Date is December 31,202
Pages or sheets covered by this seal
City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: November 6, 2020 1 of 2
Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn: November 10, 2020 —
Plat of Survey
Public Warning Siren Easement
Parcel "C" of the SE 1/4, Sec. 11, T88N, R13W,
City of Waterloo, Black Hawk County, Iowa 4
SE CORNER,NE 1/4,NE 1/4
SEC. 11,T88N, R1 3W
Fd.cut"X"in PCC Pavement
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Sec. 11,T88N, R1 3W (30.0') POB \ Seca 11,Taw R13
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LOCATION
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PROPOSED PROPOSED L 0000
EASEMENT SIREN LOCATION K
(20.0') (81.0')
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Scale: 1"=50'
Plat Legend: Survey Notes:
Found Monument 1. The Bearings shown on this survey are derived from GPS SE CORNER
O Set 5/8"x 24"Rebar w/Blue observations using the Iowa State Plane Coordinate System,North SEC. 11,T88N, R1 3W
Plastic Cap "Iowa-19715" Zone,NAD 83(2011). Fd. lead plug
® Cut"X"in concrete,found or set 2. All dimensions are in US Survey feet and decimals thereof.
123.45' Record Measurement Doc. No.2020-6946
3. #-Measurements per survey by Wayne Claassen Engineering and
(123.45')Field Measurement Surve in Inc,recorded as Doc.No.2020-22776.
POC Point of Commencement y g'
POB Point of Beginning 4. Easement area:1,230 Square Feet(0.028 acres)
City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: November 6 2020 2 of 2
Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:November 10, 2020 11--due 143-of 227
CITY OF WATERLOO
Council Communication
Resolution approving a Development Agreement with Locke Realty, Inc., in conjunction with a 10,000 square
foot expansion at 4140 Kimball Avenue, with a new taxable value of$3,586,500 and including five(5)years at
50 percent tax rebates, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 12/14/2020
Prepared: 12/9/2020
ATTACHMENTS:
Description Type
❑ Locke DA Backup Material
Resolution approving a Development Agreement with Locke Realty. Inc.. in
conjunction with a 10.000 square foot expansion at 4140 Kimball Avenue,
SUBJECT: with a new taxable value of$3,586,500 and including five (5)years at 50
percent tax rebates, and authorizing the Mayor and City Clerk to execute
said document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approve resolution
The site at 4140 was originally built by CBE Group for an office expansion.
Summary Statement: They have since moved out to an office building in Cedar Falls. The Locke
Realty, Inc. group is renovating and expanding the site for new funeral
service and office operations.
Expenditure Required: Tax rebates for 5 years
Source of Funds: San Marna TIF cash
Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an
Policy Issue: environment to attract population to Waterloo, create new tax base, new
investment in CURA area and TIF areas
Alternative: Not approve
The City of Waterloo partnered with Cedar Valley Medical Specialists and
CBE Group to originally work towards the office expansion in the area of
two new buildings back in 2005. The City incentives at that time included
grant funds to help acquire the land for projects totaling$5.3 million in
Background Information: private investment.
The Locke Realty group is now investing in the site and raising the current
taxable by over$1.5 million with a 10,000 sq. ft. expansion project.
The City of Waterloo is excited to see continued expansion and investment
in our business park areas.
Page 144 of 227
Legal Descriptions: Lot 1 in Tower Park No. 3, Waterloo, Black Hawk County, Iowa.
Page 145 of 227
Prepared by Christopher S. Wendland. P.Q. Box 596.Waterloo. !A 50703. 319-234-5701
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
. 2020, by and between Locke Realty, Inc. (the "Company"), and the
City of Waterloo, Iowa (the "City").
RECITALS
A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015,
as amended (the "Urban Renewal Act"), City is engaged in carrying out
urban renewal project activities in an area known as the San Marnan
Development Plan urban renewal area ("Urban Renewal Area").
B. Company is willing and able to finance and undertake renovation and
expansion of an existing commercial property located in the Urban
Renewal Area.
C. 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. City believes
that the development of the Property (defined below) is in the vital and
best interests of the City and in accordance with the public purposes and
provisions of the applicable State and local laws and requirements under
which the project has been undertaken and is being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Development Property. Company is the owner of a commercial structure
located on real property at 4140 Kimball Avenue, Waterloo, described on Exhibit "A"
attached hereto (the "Property"). Company will undertake the Project (defined below)
upon the Property.
Page 146 of 227
2. Improvements by Company; Schedule. Company shall construct a
10,000-square foot addition to the existing building and otherwise renovate and improve
the Property (all of the foregoing renovations and improvements are collectively referred
to as the "Improvements"). Company agrees that the Improvements shall be
constructed in accordance with the terms of this Agreement, the Urban Renewal Plan,
and all applicable City, state, and federal building codes and shall comply with all
applicable City ordinances and other applicable law. Company will use its best efforts
to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and
approvals, and will meet, in a timely manner, all requirements of all applicable local,
state, and federal laws and regulations which must be obtained or met before the
Improvements may be lawfully constructed. The Property, the Improvements, and all
development-related work to make the Property usable for Company's purposes as
contemplated by this Agreement are collectively referred to as the "Project". Company
shall commence Improvements within eight (8) months after the date of this Agreement
and shall substantially complete the Project within eighteen (18) months after the date
of this Agreement (the "Completion Deadline").
3. City Activities in Aid of Project.
A. Rebates. City shall provide property tax rebates as further set forth
in Section 5 below.
4. 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 the Minimum
Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or
cause a reduction in the taxable valuation for the Property as improved pursuant to this
Agreement, which shall be fixed for assessment purposes, below the amount of
$3,586,500.00 (the "Minimum Actual Value"), through:
(i) willful destruction of the Property, Improvements, or any part of
either;
(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 execute and deliver the MAA concurrently with execution and
delivery of this Agreement.
5. Property Tax Rebates. Provided that Company has completed the
Improvements as set forth herein and has executed the MAA as set forth in Section 4,
2
Page 147 of 227
and subject to annual appropriation by the city council, the City agrees to rebate
property taxes (with the exceptions noted below) as follows:
50% rebate for each of Years One through Five, inclusive,
for any taxable value over the January 1, 2020 value of$2,000,000. 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 submit a completed rebate request to City on the form provided by
or otherwise satisfactory to City.
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. 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 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 a prior year for which the assessment
is based solely upon (x) the value of the Property or (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.
6. Additional Covenants of Company. In addition to the other promises,
covenants and agreements of Company as provided elsewhere in this Agreement,
Company agrees as follows:
A. Company agrees during construction of the Improvements and
thereafter until the MAA termination date to maintain, as applicable, builder's risk,
property damage, and liability insurance coverages with respect to the
Improvements in such amounts as are customarily carried by like organizations
engaged in activities of comparable size and liability exposure, and shall provide
evidence of such coverages to the City upon request.
B. Until Substantial Completion of the Improvements, when
reasonably requested by the City the Company shall make such reports to City,
in such detail as to the actual progress of Company with respect to construction
of the Improvements.
C. Company will cooperate fully with the City in resolution of any
traffic, parking, trash removal or public safety problems which may arise in
connection with the construction and operation of the Improvements.
D. The Property will have a taxable value as set forth in the MAA, and
Company agrees that the minimum actual value of the Property and completed
Improvements as stated in the MAA will be a reasonable estimate of the actual
value of the Property and Improvements for ad valorem property tax purposes.
3
Page 148 of 227
Company agrees that it will spend enough in construction of the Improvements
that, when combined with the value of the Property and related site
improvements, will equal or exceed the assessor's minimum actual value for the
Property and Improvements as set forth in the MAA.
E. Until termination of the MAA, Company will maintain, preserve and
keep the Property, including but not limited to the Improvements, in good repair
and working order, ordinary wear and tear excepted, and from time to time will
make all necessary repairs, replacements, renewals and additions.
F. Company will comply with all applicable land development laws and
City and county ordinances, and all laws, rules and regulations relating to its
businesses, other than laws, rules and regulations where the failure to comply
with the same or the sanctions and penalties resulting therefrom, would not have
a material adverse effect on the business, property, operations, or condition,
financial or otherwise, of Company.
G. Company agrees that, until termination of the MAA, 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.
H. Company shall pay, or cause to be paid, when due, all real property
taxes and assessments payable with respect to any and all parts of the Property.
Company agrees that (1) 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 of any type or nature, including but not limited to
delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or
abatement, either presently or prospectively authorized under Iowa Code
Chapter 403 or 404, or any other state law, of the taxation of real property
included within the Property.
7. Obligations Contingent. Each and every obligation of City under this
Agreement is expressly made subject to and contingent upon City's completion of all
procedures, hearings and approvals deemed necessary by City or its legal counsel for
amendment of the urban renewal plan applicable to the Property and/or project area, all
of which must be completed within 120 days from the date this Agreement is approved
by the City council. If such completion does not occur, then this Agreement shall be
deemed canceled and shall be null and void.
8. Representations and Warranties of City. City hereby represents and
warrants as follows:
4
Page 149 of 227
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.
9. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. It 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.
B. It has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed
to be conducted, and to enter into and perform its obligations under this
Agreement.
C. This Agreement has been duly and validly authorized, executed
and delivered by Company and, assuming due authorization, execution and
delivery by the other parties hereto, is in full force and effect and is a valid and
legally binding instrument of Company that is enforceable in accordance with its
terms, except as the same may be limited by bankruptcy, insolvency,
reorganization or other laws relating to or affecting creditors' rights generally.
D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Company or
of any contractual restriction, evidence of indebtedness, agreement or instrument
of whatever nature to which Company is now a party or by which it or its property
is bound, nor do they constitute a default under any of the foregoing.
E. There are no actions, suits or proceedings pending or threatened
against or affecting Company in any court or before any arbitrator or before or by
any governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business (present or
prospective), financial position, or results of operations of Company or which in
any manner raises any questions affecting the validity of the Agreement or
Company's ability to perform its obligations under this Agreement.
10. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
5
Page 150 of 227
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,
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. Indemnification and Releases.
A. Company hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
and agrees that the indemnified parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the indemnified parties against, any loss or
damage to property or any injury to or death of any person occurring at or about
the Property or resulting from any defect in the Improvements. The indemnified
parties shall not be liable for any damage or injury to the persons or property of
Company or its directors, officers, employees, contractors or agents, or any other
person who may be about the Property or the Improvements, due to any act of
negligence or misconduct of any person, other than any act of negligence or
misconduct on the part of any such indemnified party or its officers, employees or
agents.
B. Except for any misrepresentation, any misconduct, or any unlawful
act of the indemnified parties, Company agrees to protect and defend the
indemnified parties, now or forever, and further agrees to hold the indemnified
parties harmless, from any claim, demand, suit, action or other proceedings or
any type or nature whatsoever by any person or entity whatsoever that arises or
purportedly arises from (1) any violation of any agreement or condition of this
Agreement (except with respect to any suit, action, demand or other proceeding
brought by Company against the City to enforce its rights under this Agreement),
or (2) the acquisition and condition of the Property and the construction,
installation, ownership, and operation of the Improvements, or (3) any hazardous
substance or environmental contamination located in or on the Property, but only
to the extent such liability has not been previously transferred to and accepted by
the City in writing.
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
12. Default. The following shall be "Events of Default"-under this Agreement,
and the term "Event of Default" shall mean any one or more of the following events that
continues beyond any applicable cure periods:
6
Page 151 of 227
A. Failure by Company to cause the construction of the Improvements
to be commenced and completed pursuant to the terms, conditions and
limitations of this Agreement;
B. Transfer by Company, before termination of the MAA, of any
interest (either directly or indirectly) in the Improvements, the Property, or this
Agreement, without the prior written consent of City;
C. Failure by Company to pay, before delinquency, all ad valorem
property taxes levied on or against the Property;
D. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement or the MAA;
E. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the Property.
F. Any representation or warranty made by Company in this
Agreement, or made by Company in any written statement or certificate furnished
by Company pursuant to this Agreement, shall prove to have been incorrect,
incomplete or misleading in any material respect on or as of the date of the
issuance or making thereof.
13. Remedies.
A. Default by Company. Whenever any Event of Default in respect of
Company occurs and is continuing, the City may terminate this Agreement.
Before exercising such remedy, City shall give 30 days' written notice to
Company of the Event of Default, provided that by the conclusion of such period
the Event of Default shall not have been cured, or the Event of Default cannot
reasonably be cured within 30 days and Company shall not have provided
assurances reasonably satisfactory to the City that the Event of Default will be
cured as soon as reasonably possible. Upon termination, City may exercise any
Page 152 of 227
and all remedies available at law, equity, contract or otherwise for recovery of
any sums paid by City to Company before the date of termination.
B. Default by City. Whenever any Event of Default in respect of City
occurs and is continuing, Company may take such action against City to require
it to specifically perform its obligations hereunder. Before exercising such
remedy, Company shall give 30 days' written notice to City of the Event of
Default, provided that by the conclusion of such period the Event of Default shall
not have been cured, or if the Event of Default cannot reasonably be cured within
30 days and City shall not have provided assurances reasonably satisfactory to
the Company that the Event of Default will be cured as soon as reasonably
possible.
C. Remedies under this Agreement shall be cumulative and in addition
to any other right or remedy given under this Agreement or existing at law or in
equity or by statute. Waiver as to any particular default, or delay or omission in
exercising any right or power accruing upon any default, shall not be construed
as a waiver of any other or any subsequent default and shall not impair any such
right or power.
14. Performance by City. Company acknowledges and agrees that all of the
obligations of City under this Agreement shall be subject to, and performed by City in
accordance with, all applicable statutory, common law or constitutional provisions and
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
15. No Third-Party Beneficiaries. No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third-party beneficiary of any of the provisions
of this Agreement.
16. 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, at 1519 W. 4th Street, Waterloo, Iowa 50702, Attn:
President.
8
Page 153 of 227
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.
17. 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.
18. 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.
19. Severability; Reformation. 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.
20. 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.
21. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
22. 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.
9
Page 154 of 227
23. Entire Agreement. This Agreement 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.
24. 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 LOCKE REALTY, INC.
By: By: �Z�e�e'
Quentin M. Hart, Mayor Eric J. Cocke, President
Attest:
Kelley Felchle, City Clerk
io
Page 155 of 227
EXHIBIT "A"
Legal Description of Property
Lot 1 in Tower Park No. 3, Waterloo, Black Hawk County, Iowa.
Page 156 of 227
EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
, 2020, by and among the CITY OF WATERLOO, IOWA ("City"),
LOCKE REALTY, INC. ("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 San Marnan Development Plan urban renewal 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, the
minimum actual taxable value which shall be fixed for assessment purposes for the land
and Improvements to be constructed thereon as a part of the Project shall not be less
than $3,586,500 ("Minimum Actual Value") until termination of this Agreement. The
parties agree for purposes of this Agreement that construction of the Improvements will
be substantially completed on or before the Completion Deadline stated in the
Development Agreement. If it is not completed within the same calendar year as the
Completion Deadline, then the parties agree to execute an amendment to this
Agreement that will extend the dates specified in Section 2 below.
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,
2032. 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
Page 157 of 227
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.
3. 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.
4. 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.
5. Neither the preambles nor provisions of this Agreement are intended to, or
shall be construed as, modifying the terms of the Development Agreement.
6. 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
Property.
CITY OF WATERLOO, IOWA LOCKE REALTY, INC.
By: By: A6�
Quentin M. Hart, Mayor Eric ocke, President
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA
) ss.
COUNTY OF BLACK HAWK }
On this day of , 2020, before me, a Notary Public in
and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, 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
2
Page 158 of 227
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.
Notary Public
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Acknowledged before me on e c er.,l,e C , 2020 by Eric J. Locke, as
President of Locke Realty, Inc.
LORRAINE G.BUNDY s Notary
Public
COMMISSION NO.725276
atary Pu
MY COMMISSION EXPIRES
C]-I C1.
3
Page 159 of 227
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 and
building upon completion of the development shall not be less than Three Million Five
Hundred Eighty-Six Thousand Five Hundred Dollars ($3,586,500.00) in the aggregate,
until termination of the Minimum Assessment Agreement pursuant to the terms thereof.
Assessor for Black Hawk County, Iowa
Date
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Subscribed and sworn to before me on , by T.J.
Koenigsfeld, Assessor for Black Hawk County, Iowa.
Notary Public
Page 160 of 227
CITY OF WATERLOO
Council Communication
Resolution approving the first of two (2)payments to Grow Cedar Valley, in the amount of$14,250 for the
base amount and $56,000 in incentive funds, for a total of$70,250, in conjunction with FY 2021 economic
development.
City Council Meeting: 12/14/2020
Prepared: 12/9/2020
ATTACHMENTS:
Description Type
❑ GCV Invoice Backup Material
Resolution approving the first of two (2)payments to Grow Cedar Valley, in
SUBJECT: the amount of$14,250 for the base amount and $56,000 in incentive funds,
for a total of$70,250, in conjunction with FY 2021 economic development.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval of payments as requested
As per the City Council's agreement with Grow Cedar Valley(GCV) for
economic development actions, GCV can request the base payment plus
additional;payments for work performed and tax base and jobs created.
The City Council recently had a Work Session to go through the request for
payment, based on the agreement stipulations for tax base created,jobs
created, etc.
The agreement calls for a payment of$28,500
— in two payments of$14,250 at December and June
— for the following work efforts:
-- Business expansion and recruitment
-- Encouraging startup of businesses
-- Workforce recruitment and coordination
--Advocacy in Des Moines and Washington DC
-- Improving the"Brand"through marketing, promotions, web presence,
Summary Statement: and attendance at major conferences
There is also a potential$56,500 in additional incentives for work towards
-- acres of new development($1,000 payment for each acre with at least
10,000 sq. ft. upon the site)
-- amounts of taxable value($1,000 per new$250,000 of taxable value)
--new full times jobs created ($2,500 per new full time equivalent paying at
least$15.63 per hour)
--Up to $5,000 per quarter for work in: solicitation to new companies,
contacts with existing companies for expansion, inquiries from new
companies, calls, contacts, leads, prospects, conferences, data bases
created and/or posted, and efforts to network to bring new companies and
jobs to Waterloo. All documented through a report and potential presentation
Page 161 of 227
to city and at end of agreement period.
Expenditure Required: $70,250
Source of Funds: bonds and TIF cash
Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an
Policy Issue: environment to attract population to Waterloo, create new tax base, new
investment in CURA area and TIF areas
Alternative: NA
The City of Waterloo has had a partnership for economic development
efforts with Grow Cedar Valley in one form or another since 1996. This
Background Information: partnership has worked to create many projects throughout the Waterloo
community, and has helped in the marketing of area and reinvestment by
existing businesses as well. It has also given the City the ability to connect
better with many of its private industry leaders as the City moves ahead.
Page 162 of 227
INVOICE
GROW
CedarValley
360 Westfield Ave, Suite 200 DATE: November 25, 2020
Waterloo, IA 50701
Phone 319-232-1156 Fax 319-233-4580 FOR: Investment
Bill To:
Mayor Quentin Hart
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
DESCRIPTION AMOUNT
FY2021 Base Payment Request(July 2020 -December 2020) $14,250.00
FY2021 Incentive Request(June 2020 -October 2020) $56,000.00
"$1,000 per$250,000 of new taxable value added to a development area.
Estimated$11.5M of increased assessed valuations (Con-Trot) $46,000
Semi-Annual Performance Payment -$10,000 (for 2 quarters) $10,000
TOTAL $ 70,250.00
Make all checks payable to: Grow Cedar Valley
Page 163 of 227
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: 12/14/2020
Prepared: 12/2/2020
ATTACHMENTS:
Description Type
❑ Council Letter Attachments Backup Material
❑ Zoning Conditions Backup Material
Motion to receive, file, consider, and pass for the second 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-
SUBJECT: 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 third time and adopt said ordinance.
Submitted by: 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
Recommended Action: 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.
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,
Page 164 of 227
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
Summary Statement: 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.
The duplex on the property was built in 1957 has been vacant for several
Background Information: 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
Legal Descriptions: the West line of said File 2021-2052 North 00°091/2 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°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%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°571/2 West a distance of 65.1 feet
to the point of beginning. Contains 15,885 sq. ft.
Page 165 of 227
November 10,2020
REQUEST: 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.
APPLICANT: Mark Evert, PO Box 83, Cedar Falls, IA 50613
OWNER: Jay Bullerman, 100 Martin Road, Waterloo, IA 50701
GENERAL The applicant is requesting to rezone the property to a Planned
DESCRIPTION: Residence District to construct a five unit condominium that would
be located at 146 Martin Road.
IMPACT ON The rezoning request would not appear to have a negative impact
NEIGHBORHOOD & upon the surrounding neighborhood. The Zoning Ordinance
SURROUNDING requires that there be a total of two parking spaces per dwelling, in
LAND USE: 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
VEHICULAR & The property is served by Martin Road from the east and west and
PEDESTRIAN is classified as Local Street. West 4t" Street is 600' to the east and
TRAFFIC Ansborough Avenue is 1,100' to the west and both area Minor
CONDITIONS: 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.
RELATIONSHIP TO The Complete Streets Policy is designed to incorporate the simple
RECREATIONAL and basic concept that streets and roadways should be designed,
TRAIL PLAN AND constructed and operated to be safe and accessible for all
COMPLETE STREETS transportation users whether they are pedestrians, bicyclists, transit
POLICY: 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 Pdg@f 1616 of 227
November 10,2020
ZONING HISTORY The area in question is zoned "R-1" One and Two Family
FOR SITE AND Residence District and has been zoned as such since the adoption
IMMEDIATE VICINITY: 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.
DEVELOPMENT The area is comprised of mostly single-family housing that was
HISTORY: built in the 1940s to the early 1950s and open space (golf course).
BUFFERS/ All open parking areas containing four or more spaces shall be
SCREENING effectively screened as defined by the Zoning Ordinance on each
REQUIRED: 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.
DRAINAGE: 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.
FLOODPLAIN: 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.
PUBLIC /OPEN Kingsley Elementary School is a '/2 mile to the northeast and Iry
SPACES/ SCHOOLS: Warren Memorial Golf Course and Byrnes Park abut the property.
UTILITIES: WATER, An 8" sanitary sewer is in Martin Road, but there is no storm sewer
SANITARY SEWER, located within the right-of-way.
STORM SEWER, ETC:
RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open
COMPREHENSIVE Spaces, Schools, Airport, Government Facilities and Public Area,
LAND USE PLAN: 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 Pdg@f 4V of 227
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 Pdg@f 169 of 227
November 10,2020
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.
STAFF ANALYSIS —
SUBDIVISION There is no platting requested with this item.
ORDINANCE:
STAFF Therefore, staff recommends that the request to rezone 0.36 acres
RECOMMENDATION: 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 Pdg@f 461Y of 227
City of Waterloo Planning, Programming and Zoning Commission
November 1 2020
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Page 170 of
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November 10, 2020
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Page 171 of 227
PROPOSED SITE PLAN-REZONE "R-1 TO R-3, R-P"
IRV WARREN MEMORIAL GOLF COURSE
CITY OF WATERLOO ��
146 MARTIN ROAD CONDOS
SANITARY SEWER 146 MARTIN ROAD WATERLOO, BLACK HAWK COUNTY, IOWA
MANHOLE DECEMBER 2020
PROPOSED
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DESCRIPTION OF PROPOSED PARCEL DECIDUOUS TREE w/SIZE
r PROJECT#: 20-188 That part of the South Half of the Northwest Quarter(S 112 NW 114)of Section No.34,Township[No 89 North,Range No. 13 West of the Fifth Principal
FILE NAME: 20-188.DWG Meridian in the City of Waterloo,Black Hawk County,Iowa described as follows:
SCALE: 1"=20' 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
DRAWN BY: JPH County Recorder's Office and the North line of Martin Road; TREES IN PROPOSED BUILDING
DATED DRAWN: 12-02-2020 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; SITE AND PROPOSED PAVEMENT
THIS DOES NOT REPRESENT A PLAT OF SURVEY thence along the North line of said File 2021-2052 South 88°573/0'East a distance of 60.0 feet to the Northeast corner of said File 2021-2052; TO BE REMOVED
HELLAND ENGINEERING &SURVEYING, LTD. thence South 89°04'East a distance of 25.0 feet;
X6109 Chancellor Drive thence South 00°09'/2 West a distance of 186.9 feet to the North line of said Martin Road;
Cedar Falls,Iowa 50613-6916 thence along the North line of said Martin Road North 89°04'West a distance of 19.9 feet;
(319)-266-0161 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.
Page 172 of 227
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Page 173 of 227
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Page 174 of 227
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Page 175 of 227
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Page 176 of 227
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 177 of 227
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 178 of 227
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 179 of 227
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): _ ZV11L le6l/ ; LU�e� ft7irl� - -
Address: 117. e-&e 91 Fax:
City: State: Z11 Zip: �p/.�i#
�•
Email:
b. Status of applicant: (a)OwWer 0 (b)Other
ELECT ONE): If other explain: pd� �
c. Property owner's name if different than above (please print): / i� e_
Address: 2 Phone: �— T Fax:
/GI /�7� --,i� ��� - - Sig -z3�-��u
City: 4zdzal State: ,s�l� Zip: SU dol
Email: Ji^6
J
2. PROPERTY INFORMATION:
a. General location of property to be rezoned:
b. Legal description of property to be rezoned:
c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): 0,�f ze Z'
d. Area of Proposed Zoning Boundary(Excluding Right of Way): /
e. Current zoning: R -Z Requested zoning:
£ Reason(s) for rezoning and proposed use(s) of property:
g. Conditions(if any) agreed to:
h. Other pertinent information(use reverse side if necessary): -
Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the
intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a
platting process (separate from rezone request),
The filing fee of$300+$10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to
nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded
for failure of said amendment to be enacted into law. Any major change in any of the information given will require that
the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same
or portion of the same property shall be filed with or considered by the Planning, Programming,and Zoning Commission
until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under
oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct.
All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the
Waterloo City Council in making their decision. The u ersighed authorize City Zoning Officials to enter the
property in uestion to the request.
!o ee1q 2020
Si at�-re A Date Signat e f 0 n r Date
Page 180 of 227
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Pr By:Aric A br . rloo 715 Mulberry A 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°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'/V 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 88057'/:'
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 183 of 227
6 Agreed to this 2� day of. I0'WIt ,2020
Jere a
On this25 day of k�►tJ� L�T1Y,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.
S);
✓ 9RIE L PRACHAR
Commission Number 764828
My 2 ion Ex�rires
�- Notary Public in and fo"fAe State of Iowa
Original Recorded Form to be returned to:
Waterloo Planning and Zoning Department
715 Mulberry St,Waterloo 1A 50703
Page 2 of 2 Conditions of Zoning—146 Martin Rd
Page 184 of 227
CITY OF WATERLOO
Council Communication
An ordinance repealing Chapter 4, City Council, of Title 1,Administration, in its entirety and enacting in lieu
thereof a new Chapter 4, Mayor and City Council, of Title 1,Administration.
City Council Meeting: 12/14/2020
Prepared: 12/9/2020
ATTACHMENTS:
Description Type
❑ Ordinance as proposed Backup Material
Motion to receive, file, consider and pass for the first time an ordinance
amending the City of Waterloo Code of Ordinances by repealing Chapter 4,
City CounciL of Title 1.Administration, in its entirety and enacting in lieu
SUBJECT: thereof a new Chapter 4. Mayor and City Council, of Title 1,
Administration.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and
adopt said ordinance.
Submitted by: Submitted By:Kelley Felchle, City Clerk
Recommended Action: Approval.
Proposed for City Council consideration is an ordinance enacting a new
Chapter 4, Mayor and City Council, of Title 1,Administration. Title 1 of
the City of Waterloo Code of Ordinances is the administrative portion of the
code that outlines the structure of city government and Chapter 4 defines the
powers of the City Council and Mayor, and establishes rules of procedures
for city council meetings. This project began back in 2017. To date, 40
meetings have been held with Council members, either during a task force or
at work sessions, to bring the document to the form it is in today. Below is
an overview of the action taken to arrive at the final version of this document:
City Clerk, Mayor, and City Attorney met in late 2017 to
review and discuss changes to Title 1 and a City Council Rules of
Procedure Policy.
Mayor Hart established Council Meeting Restructuring Task
Force comprised of city staff, Mrs. Juon, and Mr. Morrissey, which
met from February to September of 2018 to review the Rules of
Procedure Policy. The final document and recommendations were
delivered to the Mayor for review.
Council held numerous work sessions between May and
December of 2019 and completed review of the rules of procedure.
Council tabled discussion of the rules of procedure on
Page 185 of 227
1/6/2020 to allow time for Mr. Morrissey to review changes from the
final task force version of the rules of procedure versus changes the
mayor and city clerk made to the final task force version of the rules
of procedure, and to make changes to draft council had finished
reviewing.
Council voted at the 4/13/20 work session to table discussion
of the rules of procedure due to the pandemic until members were
able to meet again in person.
Council resumed discussion of the rules of procedure on
10/26/2020 and concluded discussion on 12/7/2020.
The proposed ordinance is a complete overhaul of Chapter 4. Significant
changes to Chapter 4 include:
Summary Statement:
Defining roles of the City Council and mayor, and
establishing conduct for Council member interactions with
employees.
Reducing the number of council meetings from four per
month to two per month. Establishing a council planning session
on the fifth Monday. Scheduling earlier releases of the agenda to
City Council and the public.
Setting a time limit of three minutes for council member
comment each time they have the floor and establishing rules for
presentations made by Council members.
Limiting cell phone use by Council members during
meetings.
Defines rules for how staff, mayor and Council members
submit agenda items.
Counts abstentions for reasons other than a conflict of
interest as an affirmative vote.
Requires the public to register with the City Clerk's Office
to speak during the public comment portion of the regular session
agenda and gives individuals five minutes to make their comments.
Sets a three-minute time limit on public comment for agenda
items and public hearings. No registration is required for speaking
on these items.
Codifies the current practice of prohibiting public comment
at work sessions. Allows public comment on bill payments and
emergency agenda items during planning sessions but prohibits
public comment on City Council planning session discussion
topics.
Page 186 of 227
Establishes rules for handling confidential information.
Establishes a process for censuring elected officials.
Page 187 of 227
Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. XXXX
AN ORDINANCE AMENDING THE CITY OF WATERLOO
CODE OF ORDINANCES BY REPEALING CHAPTER 4, CITY
COUNCIL, OF TITLE 1, ADMINISTRATION, IN ITS
ENTIRETY AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 4, MAYOR AND CITY COUNCIL, OF TITLE 1,
ADMINISTRATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, AS FOLLOWS:
Section 1. That Chapter 4, City Council, of Title 1, Administration, is hereby repealed in
its entirety, and a new Chapter 4, Mayor and City Council, of Title 1, Administration, is enacted
in lieu thereof as follows:
CHAPTER 4
MAYOR AND CITY COUNICL
1-4-1: ROLE OF MAYOR:
1-4-2: ROLE OF CITY COUNCIL MEMBERS:
1-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS:
1-4-4: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
1-4-5: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS:
1-4-6: QUORUM:
1-4-7: MEETINGS:
1-4-8: STANDING COMMITTEES OF COUNCIL:
1-4-9: SPECIAL COMMITTEES:
1-4-10: ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC:
1-4-11: METHOD OF KEEPING MINUTES:
1-4-12: GIFT LAW:
1-4-1: ROLE OF MAYOR:
The mayor is the chief executive officer of the city, head of the executive branch of the city,
ceremonial head of the city and, when present at a council meeting, is presiding officer of the
council. As head of the executive branch of the city, the mayor oversees the daily administration
of the city by supervising and directing all city employees and departments. The mayor shall
recommend the appointment of department heads with the consent of council. The mayor shall
not vote on any measure. The mayor may appoint city council members to serve as non-voting
liaisons to city boards and commissions established under Title 2 of this code.
1-4-2: ROLE OF CITY COUNCIL MEMBERS:
City council is the legislative body of the city and exercises its powers and duties as a quorum of
council members during open meetings. City council is responsible for enacting laws and setting
policy by which the city takes action.
1-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS:
A. The mayor of the City of Waterloo, Iowa, shall receive an annual salary of ninety-four
thousand dollars ($94,000) for the calendar year beginning January 1, 2020 and an annual salary
Page 188 of 227
Ordinance No. XXXX
Page 2
adjustment each subsequent July 1 thereafter, starting July 1, 2020, equal to the percentage
change in the Consumer Price Index for Urban Wage Earners and Clerical Works (CPI-W),
current series, U.S. All Items, as determined by comparing the December index for the year just
ended with the December index for the calendar year preceding it.
B. Each member of the council of the City of Waterloo, Iowa, shall receive an annual salary of
nine thousand two hundred seventy-two dollars and twenty-two cents ($9, 272.22) for the
calendar year beginning January 1, 2020 and an annual salary adjustment each subsequent July 1
thereafter, starting July 1, 2020, equal to the percentage change in the Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W), current series, U.S. All Items, as determined
by comparing the December index for the year just ended with the December index for the
calendar year preceding it.
C. In the event that there is no percentage change increase as described in Subsections A and B
of this section in any given year, then the salary of the mayor and the salary of each member of the
council shall not be increased in any such year.
1-4-4: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
A. Council members shall refrain from becoming directly involved in the administrative activities
and daily responsibilities of employees. Council members may make inquiries of department
heads or their designee, for the limited, legitimate purpose of informing themselves regarding
agenda items or important affairs of an immediate and urgent nature. The mayor may choose to
establish formal procedure for council-department head interaction and department head support
of council committees. Council members may fully and freely discuss with the mayor anything
pertaining to city affairs.
B. Council members shall avoid situations that can result in city employees being directed,
intentionally or unintentionally, by one or more members of the council. While council member
interaction with the city's employees is unavoidable, giving direction in regard to other city
employees, duties, working conditions, supervisors, etc., is discouraged. If an employee voices a
concern or complaint with them, council members may listen to such concerns and complaints,
and shall then refer any such complaints back to the mayor, or if the mayor is involved in the
matter, to the human resources director, for follow up and action if needed. Council members
may remind the city's employees that they have a number of resources at their disposal to address
employment issues if needed, including the employee handbook, or following the grievance
procedures set forth in their collective bargaining agreement in the case of a union employee.
This section shall not be construed as prohibiting or discouraging employees from reporting
criminal acts or serious acts of personal misconduct that violate the employee handbook.
C. In situations in which an employee approaches a council member and the communication does
not involve a complaint or concern with regard to other city employees, duties, working
conditions, supervisors, or other terms of employment, council members may freely speak with
the employee.
D. Nothing herein shall diminish a council members' constitutional right to free association or
speech with any city employee during any city employee's time when not in work status.
1-4-5: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS:
A. Council members shall not become involved in disciplinary matters and the disciplinary or
investigative process except where adopted city policy or state law may allow such participation.
B. Council members shall operate within the city's established chain of command. The
established chain of command requires the mayor, department heads, managers, and supervisors
to oversee and direct their workforce on behalf of the city. The human resources director and
mayor are required to ensure city policies are consistently applied across all departments. This is
Page 189 of 227
Ordinance No. XXXX
Page 3
to avoid inconsistent or political influences in the investigative or disciplinary process, which may
lead to arbitration, civil service proceedings, or litigation.
1-4-6: QUORUM:
A majority of the whole number of members of the council to which the city is entitled shall be
necessary to constitute a quorum. The number of members needed for a quorum of the city
council is four(4). Less than a quorum may adjourn and compel the attendance of members.
1-4-7: MEETINGS:
A. Regular Meetings: Regular meetings of the city council shall be held on the first and third
Mondays of each month at council chambers in city hall at five thirty o'clock(5:30) P.M., or at
such other designated place other than council chambers pursuant to Subsection F of this section.
When a meeting date falls on a day designated by the city as a holiday, the regular meeting shall
be held on the following evening at five thirty o'clock(5:30) P.M. in the council chambers at city
hall, or at such other designated place other than the council chambers. The city council may
adjourn a regular meeting to any date it may deem proper.
B. Special Meetings: Special meetings of the city council may be called by the mayor or by any
four(4) council members, by serving a written notice of the special meeting to the city clerk not
less than 72 hours prior to the meeting. Only such business may be transacted at a special
meeting as is mentioned or referred to in the notice of the meeting. Special meetings shall be held
in council chambers, or at such other designated place other than the council chambers pursuant
to Subsection F of this section. The city clerk shall deliver notice of the meeting to council
members via email and to their city-issued mailbox no later than 24 hours prior to the meeting.
Every attempt shall be made to confirm council members are in receipt of the notice of special
meeting and are aware that said meeting is to take place.
C. Work Session: Work session meetings of the city council may be held on the first and third
Mondays of each month at council chambers in city hall, or at such other designated place other
than council chambers pursuant to Subsection F of this section. When a meeting date falls on a
day designated by the city as a holiday, the work session shall be held on the following evening in
the council chambers at city hall, or at such other designated place other than the council
chambers. City council may hold work sessions to review matters which are expected to come
before city council for formal action at a regular meeting or otherwise need study and advance
consideration. Items to be considered shall be listed on the agenda and shall state the approximate
start time for each item following the first. Any topic discussed during a work session shall not be
on the regular agenda on the same date, unless an emergency arises. City council
recommendations for future action, when necessary, shall be made in the form of a motion and
approved by a majority vote. Motions made during work sessions shall be limited to
recommendations for further study, placing a topic on a regular or special session agenda for a
vote, to cease further action, or to delay discussing a topic until a certain date. Motions made
during work sessions shall not bind council members to vote in favor or against an item on a
regular or special session agenda.
D. Planning Session: Planning session meetings of the city council shall be held only on the fifth
Monday of a month at council chambers in city hall at five thirty o'clock(5:30) P.M., or at such
other designated place other than the council chambers pursuant to Subsection F of this section.
When a meeting date falls on a day designated by the city as a holiday, the planning session
meeting shall be held on the following evening at five thirty o'clock (5:30) P.M. in council
chambers at city hall, or at such other designated place other than the council chambers. The
purpose of the meeting shall be for council to discuss future projects, policies, strategic planning,
or any other matter consistent with the purview of the city council. The city council shall not
conduct any other business at the meeting except to authorize the payment of bills or to approve
emergency agenda items.
Page 190 of 227
Ordinance No. XXXX
Page 4
E. Closed Session: Iowa Code § 21.5 outlines specific instances where cities are allowed to
discuss city business in closed session prior to voting on the matter in open session. Before
entering into closed session, the city attorney will make a statement to the city council and public
noting the reason for adjourning to closed session and that the reason complies with a specific
section of Iowa Code. City council must then make an affirmative, public vote equal to the lesser
of two-thirds of the members of the body or all of the members present at the meeting to enter
into closed session. Once in closed session, discussion must remain germane to the topic for
discussion listed on the agenda. Final action on any item must take place in open session.
1. Matters discussed in closed session are sensitive in nature, where public disclosure of
such information may be detrimental to the city. Elected officials and city staff shall
follow Article 4B of this chapter, with respect to matters discussed and information
presented in closed session meetings.
F. Change of Location: Regular, special, work session, or planning session meetings of the city
council may be held at such other designated place other than council chambers in city hall as the
city council may deem advisable and necessary; provided, however, such designation of a meeting
place other than the council chambers in city hall shall be by city council resolution. Notice of
such change of meeting place shall be given to the public by publication as provided by Iowa
Code §362.3.
G. Electronic Meetings: A meeting of the city council may be conducted electronically only when
a meeting in person is impossible or impractical and only i£
1. The council members participating in the meeting at each location by telephone or video
can hear and be heard by all council members, provided that if any participant is hearing
impaired other suitable means of communication are provided. If the meeting is
conducted by email or video, the council members participating in the meeting shall, to the
extent possible, have access to a reliable internet connection.
2. The city council provides public access to the conversation of the meeting to the extent
reasonably possible.
3. The city council complies with Iowa Code § 21.4. For the purpose of this paragraph, the
place of the meeting is the place from which the communication originates or where public
access is provided to the conversation.
4. Minutes are kept of the meeting. The minutes shall include a statement explaining why a
meeting in person was impossible or impractical.
H. Informal Meetings: Council members may hold meetings other than those outlined in this
chapter. At such informal meetings, no legislative business may be transacted, and city business_
cannot be discussed if four council members are present, unless there has been compliance with
open meeting laws. At informal meetings where a quorum is not present, council members may
receive informational briefings from staff, make site visits, receive public comments, or engage in
informal discussion.
1-4-8: STANDING COMMITTEES OF COUNCIL:
The mayor may create and appoint no fewer than three (3) council members to standing
committees of the council. Committee members shall be appointed at the first meeting in January
or at the time a vacancy occurs. A chair shall be selected from the members of the committee.
Nothing shall preclude the city council from acting as deemed necessary without the input of a
committee in the case of an emergency to appropriately and properly conduct the business of the
city. Each of the following committees shall specifically be assigned the following responsibilities
and other duties as deemed appropriate:
Page 191 of 227
Ordinance No. XXXX
Page 5
1. Finance Committee: This committee shall review travel requests, budget line item
amendments, expenditure pre-authorizations, and refund requests for sanitation services in
accordance with city finance policies and procedures. The committee shall meet prior to
each regular session and planning session.
1-4-9: SPECIAL COMMITTEES:
A. The mayor or a quorum of the city council may appoint members to temporary advisory or ad
hoc committees consisting of council members, staff, and/or private citizens, as deemed desirable
and necessary to assist and advise the mayor or city council. Members of city council-appointed
committees shall abide by Iowa Open Meeting Laws.
B. The special committee shall prepare and deliver a final report of its findings to the mayor if
created by the mayor or city council if created by the city council. The special committee shall be
considered discharged upon delivery of the final report.
1-4-10: ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC:
A. The city shall comply with Iowa Code Chapters 21 and 22 regarding open meeting and open
record laws.
B. All meeting agendas shall be legally posted on the city website and on the lobby wall, directly
outside the city clerk's office located on the first floor of Waterloo City Hall, 715 Mulberry
Street, and shall be timely furnished to those media enterprises that have filed a written request for
notice with the city.
1-4-11: METHOD OF KEEPING MINUTES:
A. Minutes of all city council meetings shall be maintained by the city clerk as a permanent
record. A record shall be made of the names and addresses of persons addressing council and a
summary of their remarks. A record shall be made of each member moving and seconding a
motion, resolution, ordinance or amendment. Minutes shall be available for viewing by any
member of the public during normal city hall business hours as soon as the minutes of the meeting
are complete. Minutes shall be made available no later than the close of business on the Friday
prior to the next regular council meeting.
B. Council members shall notify the city clerk prior to the start of the meeting if a correction to
the previous meeting's minutes is suggested to allow the city clerk time to verify that such a
correction is required.
1-4-12: GIFT LAW:
A public official, public employee, candidate, or that persons immediate family member, shall
abide by Iowa Code § 6813.22.
CHAPTER 4
ARTICLE A
RULES OF PROCEDURE
1-4A-1: AUTHORITY:
1-4A-2: INTERPRETATION:
1-4A-3: AMENDMENTS TO RULES OF PROCEDURE:
1-4A-4: PARLIAMENTARY RULES TO GOVERN:
1-4A-5: ORDER OF SEATING:
1-4A-6: OFFICIAL ACTION:
1-4A-7: PRESIDING OFFICER:
1-4A-8: PRESIDING OFFICER DEBATE AND VOTING:
Page 192 of 227
Ordinance No. XXXX
Page 6
1-4A-9: COUNCIL MEETING DECORUM:
1-4A-10: SPEAKING DURING PUBLIC MEETINGS —COUNCIL MEMBER:
1-4A-11: COUNCIL MEMBER PRESENTATIONS:
1-4A-12: COUNCIL MEMBER ABSENCE:
1-4A-13: COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO:
1-4A-14: PLACING ITEMS ON THE AGENDA:
1-4A-15: AFFIRMATIVE MOTIONS:
1-4A-16: ORDER OF BUSINESS FOR REGULAR MEETINGS:
1-4A-17: MAYOR'S ROLE IN APPROVING LEGISLATION:
1-4A-18: ORDINANCE:
1-4A-19: RESOLUTION:
1-4A-20: MOTION:
1-4A-21: MOTION TO CALL THE PREVIOUS QUESTION:
1-4A-22: MOTION TO ADJOURN:
1-4A-23: MOTION TO AMEND:
1-4A-24: MOTION TO POSTPONE:
1-4A-25: MOTION TO RECONSIDER:
1-4A-26: MOTION TO RESCIND:
1-4A-27: TIE VOTE:
1-4A-28: ABSTENTIONS:
1-4A-29: CONFLICT OF INTEREST:
1-4A-30: CONFLICT OF INTEREST PROTEST:
1-4A-31: GENERAL RULES FOR PUBLIC PARTICIPATION:
1-4A-32: PUBLIC COMMENT SECTION OF THE AGENDA:
1-4A-33: PUBLIC COMMENT DURING PUBLIC HEARINGS:
1-4A-34: PUBLIC COMMENT DURING REGULAR SESSION AND SPECIAL SESSION
AGENDA ITEMS:
1-4A-35: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION,
MEETINGS:
1-4A-36: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS:
1-4A-1: AUTHORITY:
The city council shall adopt and enforce its own reasonable rules concerning the conduct of city
council meetings pursuant to Iowa Code § 21.7 and Iowa Code § 372.13(5).
1-4A-2: INTERPRETATION:
The city attorney or city clerk shall be considered the final authority on any questions regarding
the application or interpretation of this article.
1-4A-3: AMENDMENTS TO RULES OF PROCEDURE:
The rules listed in this article shall be in effect upon their adoption by ordinance and until such
time as they are amended. These rules listed in this article shall be amended by a two-thirds vote
of all of the members of the city council and only if the proposed amendments have been
introduced into the record at a prior meeting.
1-4A-4: PARLIAMENTARY RULES TO GOVERN:
In all cases not provided for herein, the city council shall use the most recent edition of Robert's
Rules of Order to decide questions of parliamentary procedure, where it may be applicable and
appropriate.
1-4A-5: ORDER OF SEATING:
Council members shall occupy the respective seats in the council chambers assigned to them by
the mayor.
Page 193 of 227
Ordinance No. XXXX
Page 7
1-4A-6: OFFICIAL ACTION:
City council shall exercise power only in a duly convened meeting by passing a motion, resolution,
amendment, or an ordinance. No motion, resolution, amendment, or ordinance shall be debated
unless it receives a second.
1-4A-7: PRESIDING OFFICER:
A. The mayor shall be the presiding officer of the city council. In the mayor's absence, the mayor
pro tem shall be the presiding officer. The mayor pro tem shall immediately relinquish the chair
upon arrival of the mayor. In the absence of the mayor and the mayor pro tem, the city clerk shall
call the meeting to order, and a temporary presiding officer shall then be selected by majority vote
of the council members present. Upon arrival of the mayor or mayor pro tem, the temporary
presiding officer shall immediately relinquish the chair.
B. The responsibilities of the presiding officer during council meetings include but are not limited
to the following:
1. Call the meeting to order.
2. Announce the order of business as provided in the agenda.
3. State motions on the table and who opens debate.
4. Put motions to a vote, when appropriate.
5. Announce the council's decision on all subjects.
6. Prevent irrelevant or frivolous debate or discussion.
7. Maintain order and decorum.
8. Decide all questions of order.
9. Enforce city rules or policies pertaining to city council meeting procedures.
10. Recognize the right of council members to appeal parliamentary procedure.
C. A council member may appeal a parliamentary decision made by the presiding officer. If an
appeal is made, city council shall decide the question by a majority vote.
1-4A-8: PRESIDING OFFICER DEBATE AND VOTING:
A. The mayor as presiding officer may debate, but may not make a motion or vote. The mayor
pro tem as presiding officer or a temporary presiding officer may debate, vote as a regular council
member, and retain all the powers of a council member. The presiding officer is subject to the
limitations of debate that are imposed on all council members.
B. The mayor pro tem or a temporary presiding officer shall be counted as a council member
when determining whether a quorum exists.
C. The mayor pro tem or temporary presiding officer shall affix his or her signature on
documents that require the mayor's signature. With regard to measures passed by the council, the
mayor pro tem may sign the measure or may take no action as provided by Iowa Code § 380.6(3),
in which case the measure becomes effective pursuant to said section. However, the mayor pro
tem or temporary presiding officer shall not have the power to veto a measure. In the event the
mayor pro tem or temporary presiding officer takes no action on a measure and the mayor
Page 194 of 227
Ordinance No. XXXX
Page 8
resumes his or her office within fourteen days of the measure's passage by the council, the mayor
may sign or veto the measure within the fourteen-day period.
1-4A-9: COUNCIL MEETING DECORUM:
A. The presiding officer shall preserve order and decorum, prevent attacks on personalities and
the impugning of council members' motives, confine council members in deliberation and debate
to the question under discussion, and decide all questions of order.
B. Every member of the public and every council member desiring to speak shall address the
presiding officer, only upon recognition by the presiding officer, and shall confine comments to
the question under debate, avoiding inappropriate language and personal attacks.
1-4A-10: SPEAKING DURING PUBLIC MEETINGS —COUNCIL MEMBER:
A. When two or more council members address the presiding officer at once, the presiding officer
shall name the member who is to speak. Council members shall refrain from discourse while
another member or the presiding officer is speaking. Cell phone and email use shall be limited
during any city council meeting.
B. Council members shall only speak once until each member choosing to speak shall have
spoken.
C. Council members shall only have the floor for a maximum of three (3) minutes each time they
have the floor. Council members may request time in addition to the allotted three (3) minutes.
Such requests for additional time shall be made to the presiding officer and granted at the
presiding officer's discretion.
D. The presiding officer may make a call to order if a council member violates rules of decorum,
and upon such a call, the council member shall immediately cease speaking. The council member
may appeal to the presiding officer for an opportunity to explain the remarks. If no appeal is
made, the decision of the presiding officer shall be conclusive, but if the member shall appeal from
the decision of the presiding officer, the city council shall decide the question without debate by
majority vote.
1-4A-11: COUNCIL MEMBER PRESENTATIONS:
A. Work Session: Pursuant to Section 1-4A-13(A)(2), a council member proposing an agenda
item shall work with the city clerk to schedule a work session. City staff and other council
members may not make presentations during the time allotted for the proposing council member's
work session unless requested by the proposing council member. The proposing council member
may schedule subsequent work sessions on the same topic, except when a vote of the council
prohibits further pursuit of the topic. When scheduling the work session presentation, the
proposing council member shall tell the city clerk the following:
1. The estimated amount of time needed to make the presentation and answer
questions.
2. If the presentation will include a power point or handouts, the power point or
handout shall be included in the agenda packet.
3. If speakers other than the council member will deliver remarks to the city council
as part of the presentation.
Council members making presentations during work sessions may utilize computer presentations,
written materials, or other visual aids to present the topic. These materials shall not be utilized
during the regular session meeting but may be included in the regular session agenda packet.
Page 195 of 227
Ordinance No. XXXX
Page 9
B. City Council Meeting: When a work session topic sponsored by a council member is approved
by the city council to move to the regular session agenda for a vote, the council member shall
receive the first opportunity to speak by the presiding officer. The council member shall follow
Section 1-4A-10 when speaking, and may not relinquish their time to speak to any other council
member, member of the public, or party interested in the topic.
1-4A-12: COUNCIL MEMBER ABSENCE:
Council members who are unable to attend a scheduled meeting shall notify the mayor or city
clerk prior to the meeting.
1-4A-13: COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO:
A Council member who is physically unable to attend a meeting may participate via telephone or
video. They shall provide a reliable telephone number or internet connection, a quiet
environment,join the meeting by 5:30 p.m., and attempt to remain on the phone or connected to
the video conference for the entire meeting.
1-4A-14: PLACING ITEMS ON THE AGENDA:
A. All agenda items and supporting materials are due to the city clerk's office at a date and time
designated by the city clerk on the Wednesday two weeks prior to the regular session, work
session, finance committee, and planning session. The city clerk may adjust the agenda item
deadline when holidays shorten a workweek. The process for adding items to the agenda varies
for staff, council, and the mayor. Ordinance or amendment changes shall follow Subsection D of
Section 1-4A-17. Agenda items shall be added as follows:
1. Mayor and Staff. Mayor and staff members shall submit agenda items using the agenda
management software.
Council members: Council members shall submit regular session and work session agenda items
to the mayor and city clerk and shall do so by the deadline designated by the city clerk. Items
submitted by council members shall be reviewed by the city attorney, city clerk, or appropriate
staff and be placed on a work session agenda for discussion and review prior to being placed on
the regular agenda for a vote. Council members shall submit planning session agenda items to the
mayor and city clerk for review and addition to the planning session agenda.
B. A tentative agenda and packet shall be available to the council one week prior to the regular
session, work session, planning session, and finance committee meeting.
C. The finalized agenda and packet shall be available to the public at the close of business of the
Wednesday preceding the council meeting. The mayor has final approval of all items listed on the
agenda submitted by staff members. Once finalized, the mayor may withdraw any item prior to
the council meeting and shall do so in writing in the form of an amendment notice provided to city
council at the start of the meeting. The amendment notice shall include a reason for withdrawing
the item. City council may choose to keep the item on the agenda by a majority vote.
1-4A-15: AFFIRMATIVE MOTIONS:
A. All motions, resolutions, ordinances shall be listed on the agenda in the form of an affirmative
motion to enact, adopt, approve or other appropriate language. The council members who move
and second the motion are not required to vote in favor of the item during the roll call or voice
vote.
B. A motion to rescind an ordinance or resolution shall not be placed on the agenda in the
affirmative.
1-4A-16: ORDER OF BUSINESS FOR REGULAR MEETINGS:
Page 196 of 227
Ordinance No. XXXX
Page 10
A. Business for a regular meeting may be ordered as follows:
Roll Call
Invocation or Moment of Silence
Pledge of Allegiance
Approval of Agenda, as proposed or amended
Approval of Minutes of the previous meeting
Presentations or Recognitions
Public comment
Consent Agenda (The Consent Agenda is reserved for routine resolutions and motions, acted
upon by roll call vote on a single motion without discussion. Council shall either vote yea or
nay when the roll is called. Council may remove an item from the Consent Agenda and consider
it separately.)
Items that may appear on the Consent Agenda include but are not limited to the following:
1. Resolution of bills
2. Setting date of public hearing
3. Assessment cancellation
4. Water kill
5. CLURA/CURA applications
6. Waiver for a concrete driveway application
7. Bid Awards
8. Noise variance
9. Travel request approval
10. License/Permit approval
11. Board/Commission/Employee appointments
12. Bonds
13. Request to seek proposals
14. Approval of change orders
Remainder of the Agenda may include but is not limited to the following:
1. Public Hearings
2. Resolutions
3. Ordinances
4. Other Council Business (Reserved for approval of non-routine motions and revocation
hearings)
5. Executive Session
6. Adjournment
B. The mayor or city council shall have the authority to vary from this schedule to expedite the
conduct of business or accommodate persons having business to be considered by city council.
1-4A-17: MAYOR'S ROLE IN APPROVING LEGISLATION:
A. The mayor may veto an ordinance, amendment, or resolution within fourteen days after
passage. The mayor shall explain the reasons for the veto in a written message to the city council
at the time of the veto. Within thirty days after the mayor's veto, the city council may pass the
measure again by a vote of not less than two-thirds of all of the members of the council. If the
mayor vetoes an ordinance, amendment, or resolution, and the council repasses the measure after
the mayor's veto, a resolution becomes effective immediately upon re-passage, and an ordinance
or amendment becomes effective when the ordinance or a summary thereof is published, unless a
subsequent effective date is provided within the ordinance or amendment.
B. If the mayor takes no action on an ordinance, amendment, or resolution, a resolution becomes
effective fourteen days after the date of passage. An ordinance or amendment becomes effective
when the ordinance or a summary of the ordinance is published, but not sooner than fourteen days
after the date of passage, unless a subsequent effective date is provided within the ordinance or
amendment.
1-4A-18: ORDINANCE:
Page 197 of 227
Ordinance No. XXXX
Page 11
A. An ordinance is a legislative act prescribing a general, uniform, and permanent rule of conduct
relating to the corporate affairs of the municipality. City council action shall be taken by
ordinance when required by law or to prescribe permanent rules of conduct that continue in force
until repealed or amended. The city council may amend any ordinance it deems appropriate by
following Subsection D of this section.
B. All ordinances require three (3) readings to adopt. The second reading shall be at least five
days after the first reading unless waived. Upon a vote of not less than three-fourths of all of the
members of the city council, the rule requiring the second or third readings of an ordinance may
be suspended so that council may proceed with final adoption of the ordinance following its first
reading. Council members shall give consideration to matters of public safety, economic
development, and time sensitive issues when deciding to suspend the rules.
C. An ordinance signed by the mayor becomes effective when the ordinance or a summary of the
ordinance is published, unless a subsequent effective date is provided within the ordinance or
amendment.
D. The following procedure shall be followed for adopting an ordinance:
1. An ordinance proposed by a city employee or elected official shall be reviewed by the city
attorney or city clerk, then be placed on a work session agenda for review by council. A
draft of the ordinance shall be included in the agenda packet. Unless further discussion is
required, the ordinance shall be placed on the next regular session meeting agenda.
2. The title of each ordinance shall in all cases be read prior to its passage. A council
member may make a motion to amend language in the ordinance prior to the adoption of
the first reading. The city attorney or city clerk shall make a determination of whether the
material language of the amendment is appropriate prior to council members taking a vote.
Following approval of the first reading, council members shall not make motions to
amend the proposed ordinance to make material changes to the language. Non-
substantive edits such as corrections for spelling or punctuation errors shall be allowed.
3. If an ordinance fails at any stage of its adoption, the ordinance shall be considered
defeated.
4. Traffic and zoning ordinance changes are not required to be placed on a work session for
discussion prior to a vote on the regular agenda.
E. In all cases of adoption, repeal or amendment of an ordinance, the ayes and nays shall be taken
and entered on record, but a failure thus to enter them shall not invalidate the action of the
council. In all other cases, if any council member requires it, and the motion is seconded, the ayes
and nays on any question shall be taken and entered upon the minutes.
1-4A-19: RESOLUTION:
A. A resolution is a formal statement of policy or order for action. City council action shall be
taken by resolution when required by law and in those instances where an expression of policy
more formal than a motion is desired, or where a more complete written record is appropriate.
B. Resolutions require one reading and the approval of a majority of all of the members of the
council. They become effective once signed by the mayor and are subject to the mayor's power
to veto or take no action.
C. Mayor and Staff: Mayor and staff members shall submit resolutions to the agenda in
accordance with Section 1-4A-13(A)(1) of this code.
D. Council members shall submit proposed resolutions in accordance with Section 1-4A-
13(A)(2) of this Code.
Page 198 of 227
Ordinance No. XXXX
Page 12
1-4A-20: MOTION:
A. A motion is a measure passed by the city council directing that a specific action be taken on
behalf of the municipality. A motion becomes effective upon passage.
B. No motion shall be put or debated unless seconded. When a motion is seconded, it shall be
stated by the presiding officer before debate, and every motion shall be reduced to writing if
required by the presiding officer or any council member.
C. After a motion or resolution is stated by the presiding officer, it shall be deemed to be in
possession of the city council, but may be withdrawn at any time before decision; however, if any
amendment has been proposed or adopted, the motion or resolution shall not be withdrawn
without the consent of the mover of the amendment.
D. If a question in debate contains several distinct propositions, any member may have the
question divided when the sense admits of it, prior to the vote thereon.
E. In all cases where a resolution or a motion is entered on the minutes of the city council, the
name of the council member moving the resolution or motion shall also be entered.
1-4A-21: MOTION TO CALL THE PREVIOUS QUESTION:
A motion to call the previous question may be made to any immediately pending debatable or
amendable motion. The motion is out of order when another council member has the floor, must
receive a second, and must be approved by two-thirds majority vote of a quorum of the city
council. If the motion carries, all debate must cease and the question shall be immediately put to a
vote.
1-4A-22: MOTION TO ADJOURN:
A. A motion to adjourn the city council shall be in order except:
1. When a council member is in possession of the floor.
2. While the council members are voting.
3. When adjournment was the last preceding motion.
4. When it has been decided that the previous question shall be taken.
B. A motion to adjourn the meeting may be made at the end of the public meeting. The city
council may make a motion to adjourn to a specific date and time in the future. A motion to
adjourn to a future date and time is open to debate and may be amended.
1-4A-23: MOTION TO AMEND:
A. A motion to amend an amendment shall be in order, but to amend an amendment to an
amendment shall not be entertained.
B. An amendment modifying the intention of a motion shall be in order, but an amendment
relating to a different subject shall not be in order.
1-4A-24: MOTION TO POSTPONE:
Page 199 of 227
Ordinance No. XXXX
Page 13
A motion to postpone, if seconded and approved by majority vote of the city council, shall
postpone an agenda item to either a specific date and time or indefinitely. Any item on the agenda
which is to be considered on a specific, future date and time shall be postponed to that meeting
rather than tabled.
1-4A-25: MOTION TO RECONSIDER:
A. A motion to reconsider shall be made by a council member who voted on the prevailing side,
or by those who were absent and did not vote upon the motion to be reconsidered. The motion
may be seconded by any council member.
B. A motion may be reconsidered at any time during the same council meeting. A motion for
reconsideration being once made and decided in the negative, shall not be renewed before the next
meeting. A motion to reconsider may be made during the first meeting held after the item was
considered by the city council. A motion to reconsider shall be made during the other council
business portion of the agenda. If the motion to reconsider is approved by majority vote, the
agenda item will be placed on the agenda the following week for a vote.
C. A motion to reconsider may be made by a council member at the first council meeting after
that item was considered and voted upon by council. Other than the same meeting as originally
voted upon or the first meeting after that original vote, a motion to reconsider is out of order.
D. A motion to reconsider shall not be made to an affirmative vote on a contract and the party
has been notified of the outcome, the provisions of the motion have been partially carried out, a
vote has caused something to be done that cannot be undone, or some other parliamentary motion
can obtain the same result.
1-4A-26: MOTION TO RESCIND:
Council members may rescind any vote by a majority vote, provided notice of the motion to
rescind has been given at the previous meeting. If notice was not provided at a previous meeting,
a vote may be rescinded by a two-thirds vote. City staff may place a motion to rescind on the
agenda when it is procedurally necessary to rescind a vote.
1-4A-27: TIE VOTE:
When a tie vote occurs, the motion fails.
1-4A-28: ABSTENTIONS:
All council members are required to vote on an item unless they have a direct interest, in which
case, they shall abstain from voting. A direct interest could be a familial, business, or financial tie
to an agenda item. Abstentions shall only be used in the case of a conflict of interest. An
abstention declared for any reason other than a conflict of interest shall be recorded as a vote in
the affirmative.
1-4A-29: CONFLICT OF INTEREST:
A. Any council member present at any meeting may disqualify themselves or abstain from voting
in case of a conflict of interest, in which case the disqualification shall be publicly declared and a
record made thereof.
B. A conflict of interest shall be recorded in the minutes as an abstention and the vote shall be
calculated based on the number of members not disqualified based on the conflict.
C. Public meetings and formal action during those meetings are occurrences where appearances
are as important as substance. The test of whether the appearance of a conflict of interest is
present is as follows: "Would a disinterested person, having been apprised of the totality of a
Page 200 of 227
Ordinance No. XXXX
Page 14
council member's personal interest in a matter being acted upon, be reasonably justified in
thinking that partiality may exist?"
D. Prior to taking office each council member shall complete a conflict of interest declaration
form. Said forms shall be filed with the chief financial officer, and council members shall be
required to disclose additional conflicts of interest as they arise thereafter.
E. In order to assure their independence and impartiality on behalf of the common good, council
members shall not use their official positions to influence government decisions in which they have
a material financial, business, or personal interest, in accordance with Iowa Code § 68B.2A and §
362.5.
1-4A-30: CONFLICT OF INTEREST PROTESTS:
Council members seeking to disqualify a council member from participating in a decision based on
a conflict of interest shall raise the challenge as soon as the basis for disqualification is made
known or reasonably should have been made known prior to the issuance of the decision.
Appeals shall be made to the presiding officer who will then confer with the city attorney.
1-4A-31: GENERAL RULES FOR PUBLIC PARTICIPATION:
A. 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 public is required to
follow the rules listed in this article when speaking during any meeting of the city council..
B. At the presiding officer's discretion, individuals may address the presiding officer by stepping
to the podium, and after recognition by the presiding officer, shall state their name, address and
group affiliation, if appropriate, and speak clearly into the microphone.
C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks.
D. Cell phones and electronic devices shall be set to silent prior to the start of the
meeting.
1-4A-32: PUBLIC COMMENT SECTION OF THE AGNEDA:
A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes
only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the
council meeting. Individuals who have not registered shall not be permitted to speak during the
public comment portion of the agenda. Individuals shall only speak on matters not listed on the
regular session agenda for that date. Any matter presented shall be directed to the presiding
officer and addressed, if necessary, after the meeting.
B. Council members may speak during public comment portion of the agenda after the public has
finished speaking.
C. City staff shall not be required to provide an immediate answer to a matter presented during a
council meeting unless it specifically pertains to an item on the agenda.
1-4A-33: PUBLIC COMMENT DURING PUBLIC HEARINGS:
Individuals may speak during the public comment portion of a scheduled public hearing for a
maximum of three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on
the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select
a representative to share the viewpoint of the group.
1-4A-34: PUBLIC COMMENT DURING REGULAR SESSION AND SPECIAL SESSION
AGENDA ITEMS:
Page 201 of 227
Ordinance No. XXXX
Page 15
At the discretion of the presiding officer, individuals may speak for a maximum of three (3)
minutes when the council discusses agenda items. This section does not apply to businesses or
parties directly involved in agenda items.
1-4A-35: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION,
MEETINGS:
A. Work Session: The city council shall not receive any public comment during a work session.
B. Planning Session: The city council shall only receive public comment on bill payments and
emergency agenda items listed on a planning session agenda. Public comment on bill payments
and emergency items shall be conducted in accordance with Section 1-4A-33 of this article. The
city council shall not receive any public comment during the meeting on agenda items designated
as planning discussion topics.
1-4A-36: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS:
Violations of the rules for public participation listed in this article shall be addressed at the
presiding officer's discretion. The chief of police or designee shall serve as the sergeant at arms
for meetings of the city council. The presiding officer may direct the sergeant at arms to eject
anyone from the council meeting for disruptions of any kind.
CHAPTER 4
ARTICLE B
CONFIDENTIAL INFORMATION
1-413-1: PURPOSE:
1-413-2: SCOPE:
1-413-3: INTERPRETATION:
1-413-4: CONFIDENTIAL INFORMATION:
1-413-5: CLOSED SESSIONS:
1-413-6: VIOLATION:
1-413-1: PURPOSE:
The purpose of this article is to establish rules for elected officials and employees concerning the
dissemination of confidential information and emphasize their duty to protect the city from liability
or financial loss by disseminating confidential information.
1-413-2: SCOPE:
Confidential information shall include but not be limited to the following: Information deemed
confidential pursuant to Iowa Code § 22.5, information presented during closed session meetings,
and legal, personnel, property, and economic development matters. Questions regarding whether
information should remain confidential should be referred to the city attorney, city clerk, or
appropriate staff member.
1-413-3: INTERPRETATION:
This article shall not be construed to prohibit reporting bona fide violations of law or city policy
to a proper authority or agency for investigation.
1-4B-4: CONFIDENTIAL INFORMATION:
Page 202 of 227
Ordinance No. XXXX
Page 16
A. Elected officials and employees shall respect the confidentiality of information concerning the
property, personnel, or affairs of the city. An elected official or employee shall not knowingly
disclose information that they know or reasonably should know is confidential information,
regardless of the source of the information, without legal authorization. If an issue arises as to
whether information is confidential, the city attorney shall provide a legal opinion.
B. An elected official or employee shall not knowingly use or disclose any information gained in
the course of or by reason of his or her official position, and which has not been made public, to
advance his or her financial interests or to further the financial interests of any family member or
business relationship.
C. Elected officials and employees shall not disseminate information concerning pending or
threatened litigation to which the city is a party or threatened to be made a party, which could
reasonably be interpreted as an admission of liability on behalf of the city or which a reasonable
person would interpret as being prejudicial to the interests of the city, unless compelled to do so
by law.
1-413-5: CLOSED SESSIONS:
Information discussed or to be discussed in closed session is confidential, shall remain
confidential, and is not to be discussed outside the closed session. Information discussed in
closed session may be discussed during a regular session or special session of the city council
when action is required by council. This section shall apply to any individual present for a close
session meeting.
1-413-6: VIOLATION:
A. Disclosing confidential information may have detrimental effects on the city including its
finances and reputation, elected officials individually, staff members, and citizens. Elected
officials and employees are encouraged to ask questions and seek and heed the advice of city staff,
insurance providers, and legal counsel when involved in matters that are confidential in nature.
B. Complaints alleging violation of this article shall be reported in writing to the mayor, or if the
mayor is involved, to the mayor pro tem. The complaint shall include specific, detailed
information to support the allegation. The complaint shall then be referred to the city attorney or
appropriate staff member for investigation.
C. Violations of this article may include but are not limited to the following penalties:
1. Censure: Censure may apply to elected officials and proceedings shall be conducted in
accordance with article 14C of this code. Censure should only be exercised when
members can objectively prove a violation of the policy has occurred and can ensure that
further disclosure of confidential information will not take place as a byproduct of
censuring an elected official.
2. Personal Liability: An elected official may be personally liable if acts in the performance of
a duty are performed with intentional misconduct or knowing violation of the law, or for a
transaction from which the person derives an improper personal benefit.
CHAPTER 4
ARTICLE C
CENSURE OF ELECTED OFFICIALS
1-4C-1: PURPOSE:
1-4C-2: CENSURE DEFINED:
1-4C-3: COMPLAINT PROCEDURE:
1-4C-4: CENSURE
Page 203 of 227
Ordinance No. XXXX
Page 17
1-4C-1: PURPOSE:
Elected officials may pursue formal action in the form of censure to deter violations of this code
and violations of adopted city policies.
1-4C-2: CENSURE DEFINED:
Censure is a formal reprimand of a council member or the mayor for specified conduct that
violates this code or adopted city policies. Censure should not follow an occasional error in
judgment, which occurs in good faith and is unintentional. Censure carries no fine or suspension
of the rights of the member or mayor as an elected official.
1-4C-3: COMPLAINT PROCEDURE:
A. Any member of the city council may file a complaint concerning an alleged violation of this
code or of city policy by a council member or the mayor. The complaint shall provide specific
allegations and supporting evidence of specific conduct alleged to violate this code or adopted
city policy. The complaint shall be filed with the mayor, or if the mayor is involved, with the
mayor pro tem.
B. The mayor or mayor pro tem shall forward the complaint to the city attorney, police chief,
human resources director, or other proper authority to conduct an investigation to determine
whether the allegations in the complaint violate this code or city policy
C. Within thirty(30) calendar days from the date a complaint is filed, the mayor or mayor pro
tem shall produce a written report stating whether sufficient evidence exists to warrant censure.
A resolution recommending censure shall be placed on the city council agenda for a vote within
fourteen(14) days of the date of the report. If the report is in the negative, the complaint shall
not proceed to censure. A negative report may recommend corrective action be taken by the
accused to prevent further issue.
1-4C-4: CENSURE:
A. A city council decision to censure shall be adopted by resolution. The resolution shall list the
findings, based on sufficient evidence that the person accused has engaged in conduct that
constitutes a violation of this code or adopted city policy. The resolution shall be approved by
five affirmative votes of the council. The accused council member or mayor may participate in
deliberations. The accused council member may vote on the censure resolution.
B. Immediately following an affirmative vote to censure, the mayor may address the censured
council member by stating that the censured council member should take notice of the censure
and govern themselves accordingly. The mayor pro tem may make this announcement if the
mayor is the subject of the censure.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
PASSED AND ADOPTED this th day of December 2020.
Page 204 of 227
Ordinance No. XXXX
Page 18
Quentin Hart, Mayor
ATTEST:
Kelley Felchle
City Clerk
CERTIFICATE
1, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the day of December 2020.
Witness my hand and seal of office this day of December 2020.
SEAL
Kelley Felchle
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0"
lily++++}}111���\\\� .\•"��-
Page 205 of 227
CITY OF WATERLOO
Council Communication
4:40 p.m. Council Work Session, Harold E. Getty Council Chambers
City Council Meeting: 12/14/2020
Prepared:
Submitted by: Submitted By:
Page 206 of 227
CITY OF WATERLOO
Council Communication
Board of Adjustments minutes of October 27, 2020.
City Council Meeting: 12/14/2020
Prepared: 12/9/2020
ATTACHMENTS:
Description Type
❑ minutes Cover Memo
SUBJECT: Board of Adjustments minutes of October 27, 2020.
Submitted by: Submitted By:
Page 207 of 227
MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR
MEETING HELD ON OCTOBER 27, 2020 IN THE HAROLD E. GETTY
COUNCIL CHAMBERS, CITY HALL
Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00
p.m. Board members in attendance via Zoom conferencing were: Brad Condon, John Chiles, and Jeri
Thornsberry. Board members in attendance were: John Beckman and April Leadley. Absent Board
members were: None. Staff in attendance were: Chris Western, Aric Schroeder and Seth Hyberger. Staff
members present via Zoom: Noel Anderson.
I. Approval of the October 27, 2020 agenda.
It was moved by Chiles and seconded by Beckman to approve the agenda. Motion carried unanimously.
II. Approval of the Minutes of the Regular Meeting on September 22, 2020.
It was moved by Beckman,seconded by Leadley to approve the minutes of the September 22, 2020 Meeting
as submitted.Motion carried unanimously.
III. Decision Items
1. Request by Ronnie L. Varney for a Variance to the average lot size to subdivide a lot at
3349 Hammond Avenue into two lots in the 11R-2" One and Two Family Residence
District.
Hyberger gave staff report that recommended approval of the request for the following reasons:
1. The lot does meet the requirements of the "R-2" One and Two Family Residence District.
2. There appears to be uniqueness to the request as the average lot size is high, there are many
unplatted lots in the area that increases the average but the lots immediately to the north are
comparable in size, as are other lots in the neighborhood.
Condon asked for clarification of the request. Chiles asked what the board is being ask to be
approved. Hyberger further explained the request. The applicant addressed the board stating that he is
attempting to sell the excess land to a developer that would then build a twin home on the site. Chiles
asked staff if the request is for a variance to the 90%rule. Hyberger said that correct. Schroeder agreed
with the board that the wording is a bit confusing and that the wording should say a variance to the
average lot size provision to allow a lot size of x. Also, the proposed lot size does meet the minimum
lot size for a single family home but would need a variance to the lot size to allow for a twin home in
a "R-2" One and Two Family Residence District as was mentioned by the applicant. The applicant
stated that he was not going to personally build anything but simply wants to sell the lot and let the
buyer decide what to build on the lot. Chiles suggesting ignoring the need for a variance to build a
twin home on the site and simply review the initial request and have whoever buys the lot come
before the board with that request. Condon suggested that the board vote on the variance now to save
the future owner time in having to come back before the board. Chiles stated that the applicant isn't
asking for a variance to build a two family residence district therefore that would be a separate request
for the future owner to submit to the board. Condon agreed. Schroeder stated that the board could
approve a variance now to allow the future owner to exceed the minimum square footage to allow for
a twin home now eliminate the need for further variance work. Condon asked board members to
form the correct wording for the motion before voting. Thornsberry made a recommendation on the
wording. Schroeder gave a recommendation for the wording. The applicant's son Adam Varney
spoke in favor of the request and requested that the board approve the variance to allow the lot to be
less than 8,000 square feet to allow for a future twin home. Schroeder explained that it is possible
however, this request was not listed in the notice to property owners therefore there is the concern
that proper notification was not provided. Adam Varney further explained that getting the variance
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approved now would allow them to advertise the lot as being able to have more than a single family
home constructed on the lot which make the sale of the lot more efficient and would eliminate any
contingencies that may slow the sale of the property. Ronnie Varney asked what zoning classification
is required to build more than a single family home similar to the condos to the west his property.
Schroeder explained that the "R-2" One and Two Family Residence District allows up to a duplex
but more than that the property would need a zoning classification of"R-3" multiple Family
Residence District or higher; however it would not appear that there would be enough lot size to
build more than a duplex. Condon recommended approving the initial request for a variance to the
average lot size but felt the additional variance needs to be separate and the applicant or future owner
come back before the board for that variance. Ronnie Varney stated that if the board was not going to
approve both variance requests that he would be in favor of tabling the request. Chiles asked
Schroeder what the minimum lot size requirements are for the construction of a duplex. Schroeder
stated that the minimum lot size is 8,000 square feet with a minimum lot with of 70'. The proposed
lot to be split will meet the minimum lot width but would be less than the minimum 8,000 square feet.
Beckman asked how the lot is short the 8,000 square feet if it meets the minimum lot width.
Schroeder explained that the lot lacks enough depth. Condon agreed with the applicant that the
request should be tabled and that the request was not properly put together which caused a lot of
confusion. Beckman agreed to table the request and do more research.
It was moved by Chiles,seconded by Thornberry at the request of the applicant to table the request for a
Variance to the average lot size to subdivide a lot at 3349 Hammond Avenue into two lots in the 11R-2"One
and Two Family Residence District. Motion carried unanimously.
2. Request by Barry Lokebak for a Special Permit and a Variance to the parking requirements
for a religious facility located at 525 West 5th Street in the 11C-2" Commercial District.
Western gave the staff report that recommended approval of the Special Permit to allow for the
establishment of a Religious Facility but recommends denial of the construction of an addition for the
following reasons:
1. There appears to be uniqueness in the request as the applicants have been using the building
as a religious facility for 10 years.
2. The addition does not meet multiple zoning and building codes.
With the following conditions:
1. That there be a written agreement between the DWD Investments and the church for parking.
2. That the addition be demolished.
3. That the posts for the former sign in the parking lot be removed or a sign that meets the sign
regulations for a "C-2" Commercial District be installed.
4. That the applicants hire an architect to make changes to the building to meet the
requirements of the fire and building departments.
5. That the applicants find additional parking for their congregation and present signed
agreements to staff, or remodel the building to lessen the size of the main assembly hall so
that the maximum occupancy would be 100 persons, which would equate to a parking
requirement of 25, which would be reasonable variance given the 5 stalls on the site and the
13 adjacent stalls that they have permission to use, in addition to the adjacent on street
parking that is available.
Condon asked if the addition has been removed. Beckman stated that it has been removed. Condon
asked about the fire code requirements. Schroeder stated that there are significant differences in the
requirements between a commercial use and an assembly use. Condon asked what the boundaries are
for the "C-3" Commercial District. Schroeder stated that without looking at a map wasn't certain but
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that there is no "C-3" Commercial zoning past Highway 218. Condon asked about parking
requirements for churches in the "C-3" Commercial Business District. Schroeder stated that there are
no parking requirements within the "C-3" Commercial Business District. Condon asked staff and the
board if approval of the request would set a precedence for future requests. Thornsberry suggested
that approving the request with the conditions recommended by staff the parking would take of itself.
Chiles asked how the issue came about. Schroeder stated that the city became aware of the church
when it was discovered that there were construction activities occurring with no permits. Staff was
made aware that there was a church operating in the building as a result staff discovered that church
had not been granted a Special Permit. The applicant explained to the board that the church was
unaware of the various requirements for establishing a church and was when purchasing the building
it was there understanding the parking lot was included but was later told it was not. The addition
was removed when the church was made aware that a permit was needed. There are areas to park
cars such as the 218 Underpass and on street parking. The church has rented several building over the
years and has never been made aware of the requirements including when purchasing the current
building approximately 10 years ago. The church now has an attorney to guide them on what is
required of them as a church to prevent further mistakes. Condon as if having to reduce the size of
the assembly area as required by code be an issue to allow for 100 people. The applicant stated that it
would not. Beckman asked how many other locations have them been located. The applicant listed
several locations. Beckman asked if the church owns the building that there currently located. The
applicant stated that they are buying it on contract. Beckman asked how often there are activities at
the church. The applicant stated that there is church service on Sundays and various other activities
on Saturdays, Wednesdays, Thursdays, and Friday's. Condon expressed concern with the long list of
requirements that need to be done to become compliant with building code if the board approves the
request for a Special Permit. Thornsberry pointed out the board cannot limit the activities of the
church. Secondly, the applicant is now aware that there are requirements and codes that have to be
followed and now has an attorney that will guide the church through the process. Mayor Quentin
Hart spoke in favor of the request stating that he has spoken with the applicant about the issues facing
the church and that perhaps there the city could do a better job educating the community of the
various codes and requirements as it relates to different uses in various zoning districts. Church is a
part of the community and are doing good things in the community and asked the board to consider
granting grace to the church to find a solution and common ground, as the church has been investing
into the community for 10 years and is an incredible asset to the community. Condon stated that he
personally is trying very hard to find a solution that will work for the applicant but still have a safe
building. Chiles stated that this circumstance is exactly what the Board of Adjustment was created for
and that we are a part of the city and the city's objective is to aid citizens in leaving the best life
possible. This organization has been providing a meaningful and positive experience in an area that
needs it. This issue before us appears to have been created by misinformation received by the
property owner which is something we've discussed in the past that landlords not telling renters and
buyers of buildings what will be required of the as a business. The church has been at this location for
ten years and the only reason it was brought to our attention is because of the building of the addition
which was promptly removed when they were made aware of the illegal status. The staff
recommended conditions are or suggestions for the board not something the board has to do. Chiles
went on to say that he is full support of granting the variance as the church is an asset to the area and
community and would hate to lose them. Also, if the church is able to find the additional parking
required they would not have to remodel the inside of the building. Beckman asked about the rest of
the 4 conditions. Chiles stated that condition#4 that required the removal of the addition has been
completed. Chiles agreed with the condition that there be proper signage but not sure why there is a
condition requiring a written agreement between the DWD Investments and the church for parking.
Also, could a city inspector could assist the church instead of requiring the church to hire an
architect. Schroeder explained he believes the Building code requires an architect when a new
assembly is created or you change an existing building into one. Beckman ask if the code issues need
to be corrected prior to being granted a Special Permit. Schroeder explained that they would not as
long as the issues are covered under the recommended conditions if approved and that staff is willing
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to remove condition#I because it's covered by condition #5 that talks about obtaining the agreement
for parking or remodel the building to make assembly area smaller to reduce the number of required
parking. Beckman asked if the church can continue to have services while working on fixing code
violations. Schroeder stated that the Planning and Zoning Department would them to continue while
working to meet the required condition but cannot speak on behalf of the Building or Fire
Departments. Beckman asked what the best course of action for the applicant. Schroeder stated that
the church needs to set up meetings with the appropriate departments to find out what needs to be
done. Leadley recommend tabling the request and work with the church to get them educated on
what needs to be done. Leadley expressed concerns with limiting the church to 100 people when it is
clearly a churches goal to continually grow. Beckman stated the he agrees with tabling the request.
Chiles agreed that the church needs help however the church will need the variance and Special
Permit regardless if the board grants it before the building is brought to code or after so let's get this
part of the process completed so that the church can move on to the next step. Condon agreed that
the request be approved sooner rather than later.
It was moved by Chiles, seconded by Thornberry to approve the request by Barry Lokeijak for a Special
Permit and a Variance to the parking requirements for a religious facility located at 525 West 5th Street in
the "C-2"Commercial District with the following conditions: 1)that the posts for the former sign be
removed or a sign that meets the sign regulations for the "C-2"District be installed, and 2)that the
applicant hire an architect and make necessary changes to the building to meet the requirements of the
building and fire codes, noting that the addition had already been demolished, that the facility will have a
positive impact on the neighborhood, and due to the uniqueness that the applicant has been using the
building for 10 years.Motion carried unanimously.
3. Request by the City of Waterloo for a Special Permit for expansion of the Five Sullivan
Brothers Convention Center located at 200 West 4' Street in the IIC-3" Central Business
District.
Western gave staff report which recommend approval of the request for the following reasons:
1. The request is in an area zoned "C-3" Central Business District.
2. The proposal would not appear to have a negative impact on the neighborhood or traffic
conditions in the area.
3. The surrounding area is composed of compatible businesses.
4. The expansion and remodel of the Five Sullivan Brothers Convention Center will complement
the recent remodel of the hotel and the historic properties that have been revitalized by JSA
Development across the street from the facility.
5. Will be a catalyst for future development in the area.
There were no comments or questions from the board or audience. Beckman noted that he would
abstain, as he is on the Experience Waterloo Board(formerly the Convention and Visitors Board).
It was moved by Thornberry, seconded by Chiles to approve the request by the City of Waterloo for a
Special Permit for expansion of the Five Sullivan Brothers Convention Center located at 200 West 4th Street
in the "C-3"Central Business District.Motion Carried 4-0 with Beckman abstaining.
4. Request by MidAmerican Energy for a Special Permit for construction of a solar farm
located east and north of 3050 Burton Avenue in the "A-1" Agricultural District.
Hyberger gave staff report that recommended approval of the request for the following reasons:
1. The request would not appear to have a negative impact on the neighborhood or traffic conditions
in the area.
2. The request is in conformance with the Future Land Use Map and the Comprehensive Plan.
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3. This green energy project will produce enough electricity to be able to power up to 620 average
Iowa homes annually.
And subject to the following conditions:
1. That the solar array project meets all applicable city codes, regulations, etc. including, but not
limited to parking, landscaping, traffic plan, screening, drainage, etc.
2. That trees are planted on the west and south property lines as shown on the site plan.
3. The applicant will be responsible for decommissioning the site by removing all solar panels and
their appurtenances and ensuring the site is returned back to a natural state (seeded, completely
vacant ground) once the project is completed.
Thornsberry asked about the planting of 6' to 7' trees versus the 3' trees that was agreed to that needs
to be clarified in the staff recommendation. Thornsberry also asked about the agreement that
MidAmerican will decommission the solar farm at the end of its life span; and how the City of
Waterloo will inforce it. Condon suggested asking the applicant for clarification. Thornsberry stated
that there needs to be a guarantee. Matt Ott, Project Developer for MidAmerican Energy addressed
the board and gave an overview of the project. He stated that MidAmerican Energy is aggressively
looking to establish renewable energy projects such as the one they are proposing on Burton Avenue.
This project is a 3 megawatt solar project that will connect to the local distribution system and will
power up to 600 average waterloo homes. If the project is approved the construction will begin spring
of next year and completed in approximately 5 months depending on weather. The proposed solar
panels are designed to rotate and follow the sun to increase solar production. The maximum height
of the panels would be approximately 9' tall. This sight was chosen due to its proximity to an existing
substation that can handle and distribute the additional power generated. Ott went on to explain that
the proposed location was also a good fit due to the mixed uses in the area which includes
agricultural, industrial and commercial uses and the project would be a fair distance from homes.
Also, the project is passive meaning that the project would not produce any noise, orders or gases.
With exception of occasional maintenance and mowing there will not be any personnel on site
therefore the site will generate very little traffic. The applicant did acknowledge that there may be
some apprehension from residents in the area as this project is fairly new in Iowa and this area
therefore, letters from MidAmerican Energy where sent out to nearby residences within the 250'
notification area that was mapped by the city prior to the Planning and Zoning meeting on October
6, 2020. The letter encouraged property owners to call with questions about the project. Ott stated he
received one call from a property owner to the east who was interested in doing solar at his property
however his farmland was enrolled in the CRP Program and was not eligible. Ott went on to say that
there is a plan in place to buffer the proposed sight as a condition required by staff. Ott went on to
discuss that at the October 6, 2020 Planning and Zoning Commission meeting were the project
received a recommendation of approval, two home owners expressed concerns about the project and
that he discussed the proposed project with them following the meeting and mailed them additional
information regarding the project to further address the concerns expressed; which a portion of them
were health related. Ott went on to explain that solar modules are found throughout the United
States and the world including on top or next to homes and are not new. In fact last year the number
of solar panels installed in the U.S. reached 200 million panels. Solar technology was first developed
in the 1950's and has progressed to be more efficient over the years. Solar panels do not have any
toxic components and are largely made up of silicon, aluminum copper that is encapsulated in a
plastic or glass case with an aluminum frame. There are no gasses or chemicals that can leak or be
emitted into the air. The estimated life span is estimated to be 30 years with an option to repower or
install new panels. Ott acknowledged that if the site is not repowered that MidAmerican is required
to properly decommission the sight and return to its original agricultural use or any use approved by
the city. Questions were raised about emittance of EMF. However, EMF is occurring all around us
either by natural or man mad sources. A study conducted by the Massachusetts Clean Energy Center
that studied three sites similar in size and output to the site being proposed, reported that levels of
EMF at the fence lines of those projects were 0.2 to 0.4 Milligauss; which considered extremely low.
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The International Commission on Non-Ionizing Radiation Protection has recommended a maximum
level of 833 Millagauss. Ott stated he took readings at the Cedar Falls Utilities solar site in Cedar
Falls and found that this site measured 0.2 Millagauss and expects the proposed site to be similar in
EMF output levels which is well below the 833 Milligauss recommended. Ott went on to show a
graph depicting the levels of EMF levels generated by everyday appliances throughout the U.S. and
that the proposed solar project would produce 1,000 times less EMF than a washer machine,
microwave or other household appliances. Glare was another concern expressed. Solar panels are
designed to absorb solar energy and convert into electricity and there is an anti-reflective coating
applied to each panel to increase absorption. The Department of Energy's Renewable Energy
Laboratory estimates that there is on average 2% sunlight reflection which is similar to the amount of
reflection generated from soil, which is likely occurring at the proposed sight when there are no crops
present. A glare analysis was submitted to the FAA as required to ensure that the proposed solar
project would not affect visibility of air traffic utilizing the Waterloo Municipal Airport. The report
showed that there would not be a negative effect and was approved. Ott discussed concerns of
negative effects on property values in the area and that MidAmerican Energy contacted the County
Assessor's office to see if there were any negative or positive impacts surrounding the Cedar Falls
Utilities solar project and was told that there were none. Ott went on to say there was a study
conducted in Texas on the potential impacts to property values surrounding solar projects and the
report concluded that there was either a neutral or slight positive effect. Ott went on to discuss the
landscaping plan and concerns that the proposed three foot tree screening around the site would not
be adequate and that MidAmerican has submitted a revised landscaping plan to include 6' to 7' tall
trees. Ott concluded in saying that the proposed solar project is similar to the Black Hawk County
solar project that was recently approved and beneficial to the residence of Waterloo and would play a
large part in MidAmerican's ability to provide 100%renewable energy to their Iowa customers.
Adam Jablonski with MidAmerican Energy addressed the board to discuss the decommissioning
concerns. Jablonski stated that these are common concerns and that it is understood that there is a
condition recommended by staff that the site be properly decommissioned once the site is no longer
in use. Jowski explained that MidAmerican Energy has the financially means and every intention of
decommissioning the site when it reaches end of its lifespan.
Katie Lord the Business and Community Development Manager for MidAmerican Energy read
letters of support from Chris Fereday and Cara Dahra of Grow Cedar Valley. Lord went on to
explain that this is an important project in the company goal of reaching the goal of 100% renewable
energy which is used as a business attraction tool used to attract businesses from not only the U.S.
but globally as well as assisting existing businesses reach their internal sustainability goals.
Kamyar Enshayan who is an engineer at the University of Northern Iowa who works with
communities to transition into renewable energies spoke in favor of the project stated that the
proposed project does not generate any sounds or any emissions and is in support of the proposed
project.
Pat Cowl who is a resident of Waterloo spoke in favor of the request stating he believed this to be a
great project.
Matt Smalldino who resides at 3652 Burton Avenue addressed the board stating he was not notified
by MidAmerican Energy regarding the proposed project. Smalldino stated that he supports renewable
energy and solar power but is opposed to the sight location and that there are other locations
available in the area that are not located to adjacent homes at the proposed site is solely for the
convenience for MidAmerican Energy to be located next to their substation. Smalldino went on to
say that the project would be right next to his home and would be visible. Smalldino went on to say
that he recently built a new home and that the Waterloo Planning and Zoning Commission expressed
considerable concern with the construction his new home as well as future homes in area on land that
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is zoned "A-1" Agricultural District in preservation of farmland, but is in favor of allowing a solar
field on farmland that is zoned "A-1" Agricultural. If it's a matter of convenience to putting the
project next to the substation he suggested that there are other sites near the airport. Also, what types
of financial commitments will there be to ensure MidAmerican will financially be able to properly
decommission the site. Will there be a deposit required, will the site be sold to a third parry. There
are a lot of things that can happen in 30 years. Smalldino went on to say that he is not against the
project or MidAmerican Energy but feels staff and the Planning and Zoning Commission's policy
made it difficult for him to build a new home on farmland that is agriculturally zoned but is
recommending approval of a proposed solar facility on farm land zoned agriculturally as well as the
proposed location has potential for negative visual impacts as you cannot have 12' trees to completely
screen the site as they would block the sun. Schroeder addressed Smalldino's concerns regarding
being notified by the City of Waterloo regarding the proposed project and the difficulty in building
his new home on agriculturally zoned farmland. Schroeder explained that by code the City of
Waterloo is required to notify property owners within a 250' radius of the proposed site and
Smalldino resides approximately '/z mile to the north of the proposed project. Therefore, is well
outside of the 250' notification radius of the proposed site. Also, there is no a policy either with the
City of Waterloo's Planning and Zoning Commission or the City of Waterloo's Zoning Ordinance
that prohibits or discourages development of agricultural land within the city limits of Waterloo in an
effort to preserve farmland. Any discussion that discouraged residential development was for non-
compatibility with existing industrial uses in the area, as residential and industrial uses are generally
not compatible and there are many existing industrial uses in the area. Much of the area is identified
as future industrial within the City of Waterloo's Future Land Use Map, which would explain any
discussion that may have discouraged the proposal of building a new home in this area.
Brian Adams who resides at 730 West Airline Highway to the east of the proposed site stated that he
did not receive notification from the city of the proposed project. Adams went on to say that he feels
that the project would be unsightly due to the proposed chain-link fence with barb wire at the top and
no screening planned along the east side of the proposed site facing his property. Adams also asked if
a study was done on the effects of animals as he has animals and would like to see a study done.
Mary Heatley who resides to the northwest at 3151 Burton Avenue indicated she was notified by the
City of Waterloo via letter on September 22, 2020 and by MidAmerican Energy on September 23,
2020 but it didn't look like important pieces of paper so she didn't read them at that time. Heatley,
felt that the project was too important for the notice to be sent by regular mail instead of by certified
mail, as the project is going to directly impact her property. She currently enjoys sitting on her deck
enjoying beautiful cornfields, wonderful sunsets, and great moons at night and now will be looking
out at a solar project that originally was proposed to be a 6' chain-link fence with 1' of barbed wire,
however, MidAmerican sent us a sight plan showing a 7' with 1' of barbed wire when the solar
panels are expected to be 9' tall. So the fence is going to be 2' shorter than the solar panels and look
like Fort Madison as she looks out over the site and it would take too long for the trees to mature to
effectively screen the site anytime soon. Heatley then questioned when this project was started
because she just bought her home 4 years ago and never heard one word about this project coming up
or that she lived in an industrial area even though there is a factory on the corner, a collision center to
the south and a tree removal business on her side. Heady stated that it was evident to her that the
project has been going on much longer than nearby residences were aware of and asked when this
project started. Heatley continued saying that it was evident to her that it was started earlier and that
on her side of Burton Avenue there are lots of homes including a collision service business and a tree
removal business. Heady claims that the proposed solar project will and has already devalued her
property by $40,000 simply by word of mouth regarding the proposed solar project. Heatley then
went on to suggest that a better sight for the solar project would be at or near the Black Hawk County
Landfill. Heatley expressed concern over the frequency of mowing and the risk of fire from the solar
panels and the ability of local fire firefighters to handle it. Heady went on to say that she is not
opposed to the solar project but is opposed to the proposed location.
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Katie Smalldino of 3652 Burton Avenue commented that her main concern is the potential negative
affect on property values in the area. Smaldino stated that the Texas study regarding the effects of
solar sites on property values mentioned by Matt Ott, Project Developer for MidAmerican Energy
only looked at projects that were located within a 2 to 10 mile radius from the nearest residence and
that research does not recommend constructing solar sites within 2 miles of homes. Smalldino went
on to express concerns over the decommissioning process, potential for chemicals leaking into the
ground water, proposed landscaping not being adequate, water drainage concerns, and effects on
wildlife.
Chris Draude who resides at 843 West Airline Highway addressed the board with concerns regarding
the aesthetics of the proposed chain link fence and whether the proposed landscaping will sufficiently
screen her view of the fence as well as concerns with drainage, mowing, potential for grass fires,
decommissioning of the site and proper disposal.
Gary Lake who resides at 929 West Airline Highway discussed an article on solar power. Lake asked
if MidAmerican Energy was going to place a bond with the city. Jablonski stated that it is not
required to provide a bond but will do so if required. Lake went on to say that he would like to see
three rows of trees around the sight as he does not want to see the site and it would take too long for
the trees to mature to effectively screen the site.
Diane Quario who lives at 861 West Airline Highway expressed concerns over the safety of wildlife.
Qurio said the area experiences high winds and was concerned that a solar panel could break loose
and decapitate her in her sleep. Also, the solar panels would create glare that would be blinding and it
would take too long for the trees to mature to effectively screen the site anytime soon. Qurio went on
to say that she moved to this area for the rural feel and that the proposed solar site would diminish it.
Matt Smalldino stated that he felt the solar field in Cedar Falls is an ideal location as opposed to the
proposed site in question and that there are other sites available in the area that would not impact
residences.
Chiles acknowledged that there is considerable amount of opposition to this request. Thornsberry
asked if there was an environmental assessment completed. Ott explained that an assessment was
done and the IDNR verified that there are no species or habitats of concern in the area. Ott addressed
concerns over the potential for birds to hit the panels stating that the proposed panels will have a
silver aluminum trim around the panels to eliminate the lake effect to prevent birds for mistaking the
panels as a body of water. Also, MidAmerican Energy is not proposing to install a chain link fence
but is looking to install a special fence that has a square pattern that is designed to allow for bird
migration. Thornsberry asked how far can a solar field be from a substation and still be efficient. Ott
stated that there is no exact distance but that several sites near the airport were looked at but those
sites were either slated for commercial development or too far away from the substation to handle the
output from the proposed solar field. Also, the idea of placing solar panels within landfills is difficult
as they have a cap that cannot be penetrated. Therefore, a much more difficult and expensive design
would be required. The intent is never to be close to homes but the proposed site is ideal and is
similar to the solar field that was recently approved by the city located at the Black Hawk County
Health Department which will have solar panels 50' to 70' from a senior housing facility were as the
proposed solar panels would be 170' with a road and landscaping between them. Thornsberry asked
if landscaping could be installed along the north side of the site. Ott stated there may not be financial
resources available to do so but if required it could be looked at. However, there are no existing
homes immediately to the north and the area could have commercial or industrial uses in the future.
Thornsberry stated that Iowa is an agricultural state and is in dire need of pollinators and asked if
there is a possibility to plant short native grasses such as Canada rye, wild flowers or Buffalo Grass in
an effort to create an environment for bees, butterflies etc. Ott stated that although this was not
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budgeted as a part of the project this could be looked at. Chiles asked how close will the solar panels
be from Burton Avenue and West Airline Highway. Ott stated that the panels will be at least 50' from
the property line along both Burton Avenue and West Airline Highway which meets the minimum
distance required. Beckman asked for a response to various questions raise by homeowners. Ott first
addressed concerns regarding the potential for the solar panels and grass fires. Ott stated that the
panels have a minimal amount of combustible material in them so they do not lend themselves to
cause a fire. The Waterloo Fire Department reviewed the proposed project and the only requirement
was to keep the landscaping a minimum of 6' from the solar panels;but the will work with the fire
department with any additional concerns. Beckman asked if the panels could cause a fire. Ott stated
that the proposed panels are not thermal and do not have mirrors to create heat but simply absorb
sunlight and convert to electricity. In regards to the potential for the panels to leak Cadmium, the
proposed panels will not contain any Cadmium. However, panels that do contain Cadmium, are
encapsulated in plastic, glass and aluminum and are designed not to leak even if the panel does suffer
a break. In regards to concerns over decommissioning and disposal of the panels, Ott stated that
disposal of solar panels is governed by the Federal Resource and Recovery Act as well as State
regulations which separates whether a solar panel is hazardous or non-hazardous which determines
whether solar panels can be taken a standard landfill or to a special landfill equipped to handle
hazardous materials. The proposed panels consist of Crystalline Silicon. The decommissioning
process consists of running a chemical through each panel prior to grinding it to ensure that there are
no toxic components present and then recycle eligible materials. Beckman asked where the proposed
panels are produced. Ott stated that they are produced in China. Ott addressed concerns regarding
potential negative impacts on nearby wells stating that the proposed panels will not have toxic
chemicals that could leak out and get into the ground water or nearby wells. However, he worked
with the IDNR who referred him to the Iowa Geological Service. In working with them it was
revealed that the bed rock is 60' below grade consisting of mostly clay, therefore if there were any
leakage from the proposed solar panels it would not affect nearby wells. The proposed solar panels
will be mounted on piles with minimum disturbance to the site therefore would not create additional
runoff from the site. In response to concerns to the panels being blown off site, Ott stated that the
panels are designed to withstand high speed wind but depending on the severity of the storm there are
no guarantees as there are no guarantees that an adjacent home wouldn't be blown into a neighbor's
property. Beckman asked how many of these projects has MidAmerican Energy built to date. Ott
stated that this would be the first solar sight aside from a few rooftop solar installations. Beckman
asked if MidAmerican provided service to other states. Ott confirmed that MidAmerican operates in
4 states and if there solar projects in any of those states. Jablonski stated that MidAmerican does not
currently own any solar sites but they are a part of Berkshire Hathaway Energy who owns utilities
throughout the U.S. and Canada and operate multiple solar projects one of which is in Southern
California and MidAmerican Energy was recently approve to build their first solar site in Woodbury
County near Sioux City Iowa that will be built next year. Leadley expressed concern for the project
stating that it feels like the project is being rushed; perhaps due to this being the first proposed solar
project in Waterloo and we are not educated enough to make a decision and suggested there be
additional public input meetings with the city, with a third party and or an unbiased organization,
that can provide facts to the residents and the board. Therefore, she will not being voting in favor of
the request at this time. Chiles commented that after all of the testimony heard, it appears that it is a
matter of citizens just not wanting the project near their house. Chiles asked the applicant if the
proposed project had to be at the proposed location. Jablonski reiterated that MidAmerican Energy
did look at other sites near the airport but either the site was designated for commercial development
or was too far from the substation. MidAmerican Energy felt that the proposed site would have
adequate distance from the surrounding homes particularly with there being a road, a special fence
that is more esthetically pleasing than a chain link fence, future landscaping and a 50' setback from
all property lines. Chiles asked if the request was denied would there be a new solar field in
Waterloo. Jablonski stated that there would not be one this spring as a large quantity of materials
need to be ordered and notices given to contractors. Jablonski went on to explain that letters were
sent to residences within the 250' radius offering to discuss the project prior to the City of Waterloo
9
Page 216 of 227
BOARD OF ADJUSTMENT
October 27,2020
Planning and Zoning meeting. Also, Ott followed up with those that expressed concerns at the
Planning and Zoning meeting. Leadley asked if MidAmerican attempted to contact her. Jablonski
stated no, and that letters were sent to residences within the 250' boundary generated by the City of
Waterloo. Leadley stated that people feel blindsided because we have to make decisions on things we
haven't been educated on so she feels she has to vote no as she doesn't know enough about solar
fields. Jablonski stated that he didn't believe MidAmerican Energy could make direct contact with
board members as it would be considered ex parte communication. Leadley suggested that board
members should be invited to attend meetings between MidAmerican Energy and the adjacent
homeowners so that everyone involved can learn about the project together. Leadley asked if there
are any city owned Brownfield sites were this can be located. Western stated that 20 acre sites near an
existing substation are rare and is not aware of any in the area. Jablonski pointed out that the city has
a two-step process with the first step being going before the Planning and Zoning Commission were
we did answer questions in addition to outreach before the meeting and received a recommendation
of approval and then the Board of adjustment were citizens can be educated and ask questions and
express concerns. Beckman asked when the planning for this project started. Jablonski stated an
option to purchase was secured earlier this year. Chiles feels there has been adequate information
provided with a few questions that one could ask to be ask but they were answered by the IDNR,
representatives from MidAmerican Energy, and by staff. The problem appears to be that property
owners don't like that the proposed project as it is too close to them but if the project were to build in
another location they would support it. So the question is, how close the proposed site to their
houses, is there negative impact from their visibility, will it affect their way of life and do the benefits
override the concerns expressed.
It was moved by Thornberry and seconded by Chiles to approve the request by MidAmerican Energy for a
Special Permit for construction of a solar farm located east and north of 3050 Burton Avenue in the "A-1"
Agricultural District with the condition that the solar array project meets all applicable city codes,
regulations, etc. including, but not limited to parking, landscaping, traffic plan,screening, drainage, etc.,
and that 6'to 7'trees are planted on the west and south property lines as shown on the site plan, the
applicant will be responsible for decommissioning the site by removing all solar panels and their
appurtenances and ensuring the site is returned back to a natural state(seeded, completely vacant ground)
once the project is completed, and the applicant will provide a financial security instrument in the value of
one half the current replacement value at the time of decommissioning. Motion carried 4 to 1 with Leadley
voting no.
IV. Discussion
Schroeder discussed the November and December meeting dates with the board. The board agreed to
keep the November meeting date as the 241 and move the December 221 meeting to the 291.
Leadley asked staff to enforce the sign at requirements for New Star Liquors at 315 Fletcher Avenue.
V. Adjournment
It was moved by Thornberry, seconded by Beckman to adjourn the meeting at 7.30 p.m.Motion carried
unanimously.
Sincerely,
Christopher W. Wetern
Planner II
10
Page 217 of 227
CITY OF WATERLOO
Council Communication
Planning, Programming and Zoning minutes of November 2020.
City Council Meeting: 12/14/2020
Prepared: 12/8/2020
ATTACHMENTS:
Description Type
❑ minutes Backup Material
SUBJECT: Planning, Programmnlg and Zoning minutes of November 2020.
Submitted by: Submitted By:
Page 218 of 227
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING AND ZONING COMMISSION
REGULAR MEETING- 4:00 P.M. November 10, 2020
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall.
Members present were: None
Members present electronically were: Virginia Wilber, Sylvia Jackson, Cody Leistikow, Craig
Holdiman, Brandon Schoborg and Eric Donat.
Members absent were: Steve Trost, Patrisha Serfling and Sue Flynn
Others present: Noel Anderson, Seth Hyberger, Tim Andera and John Dornoff—Planning Department, and
2 citizens.
Others present electronically: Aric Schroeder, Tim Andera, Seth Hyberger and Chris Western—Planning
Department and 4 Citizens
I. Approval of the Agenda
It was moved by Donat, seconded by Leistikow to approve the agenda. Motion carried unanimously.
II. Approval of the Minutes from the Regular Meeting on October 6, 2020.
It was moved by Schoborg, seconded by Donat to approve the minutes. Motion carried unanimously.
III. Financial Report September 2020
Anderson read the financial report.
It was moved by Schoborg, seconded by Holdiman to receive and place the financial report on file.
Motion carried unanimously.
IV. Oral Presentations
There were no oral presentations.
V. New Business
A. Hearings—Rezone
1. 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 to replace an
existing duplex with a 5 unit condominium located at 146 Martin Road.
It was moved by Donat, and seconded by Leistkow to receive and place on file the statement of
verification at 4:04 p.m. Motion carried unanimously and Wilber declared the hearing open.
Andera read the staff report recommending approval of the rezone request with the condition that the
final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking,
landscaping, screening, drainage, etc.
Kyle Helland, Helland Engineering and Survey stated that the new project would add 5 new condos with
a nice view of the golf course.
Page 219 of 227
Planning and Zoning Commission
November 10,2020
Jay Bullerman, 100 Martin Road and owner of the project property was asked by Donat what the timeline
was for the project to which Bullerman answered that goal is to have all the condos done by December,
2021.
Jackson asked about the 2 acre requirement and had concerns about fitting the building on 0.365 acres.
Schroeder explained that it is a requirement of the zoning ordinance that a"R-P"Planned District be 2
acres which the Board of Adjustment will have to approve a variance for it to be less than a 2 acres site.
Jackson also stated that she has concerns about parking to which Bullerman noted that there is on-street
parking on Martin Road west of the site.
Bullerman asked Helland about the setbacks on the site to which Helland responded that the front setback
will be 56-feet from Martin Road.
Mike Sullivan, 155 Martin Road asked about the parking requirements, sewers and stated that sidewalks
if required should be on the north side of the street. Schroeder responded that the requirements of the
Zoning Ordinance is 2 parking spaces per unit and 50% can be garage spaces. Helland noted that there is
only 3 new units being added so the 8" sewer line should be adequate. Sullivan noted that homes to the
west have issues with sewer backups to which Helland responded that the Engineering department will
need to answer the sewer questions. Sullivan stated that he felt the complex needed more parking because
the garages will be used for storage and that there will be on street parking issues because of the speed of
traffic along Martin Road.
Holdiman asked about the lack of an access doors on the east side and asked if that was a requirement of
the building code to which Bullerman stated that they have not heard any issues about not having the
access doors on the same side of the garage doors as there will be access doors on the west side facing the
golf course.
It was moved by Leistikow, seconded by Holdiman to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:13 p.m.
It was moved by Schoborg, seconded by Donat to recommend approval of the rezone request with the
condition that the final site plan meets all applicable city codes, regulations, etc. including, but not
limited to,parking, landscaping, screening, drainage, etc. except as specifically altered by approval of
the site plan amendment. Motion carried unanimously.
B. Plats
1. Request by Kasim Mustedanagic for the Final Plat of Mustedan First Addition a three lot
residential subdivision which is a replat of a portion of Ken Dahl First Addition in the "R-1" One
and Two Family Residence District located south of 4245 West 4th Street
Dornoff read the staff report recommending approval of the plat request.
Donat asked if there was any other problems with the Deed of Dedication to which Dornoff said no.
Mersiha Mustedanagic, Coldwell Banker Elevated Real Estate representing the applicant stated that this
project is to build homes for friends and family, all of which will be duplexes and the sewer is currently
going in.
It was moved by Leistikow, seconded by Donat to recommend approval of the plat. Motion carried
unanimously.
C. Vacates
- 2 -
Page 220 of 227
Planning and Zoning Commission
November 10,2020
1. Request by the City of Waterloo to vacate unused Park Avenue right-of-way located north of 505
South Street.
Hyberger read the staff report recommending approval of the request.
There was no discussion on this request.
It was moved by Schoborg, seconded by Donat to recommend approval of vacate request. Motion
carried unanimously.
2. Request by the City of Waterloo to vacate 34,415 square feet of right-of-way in front of the
former K-Mart shopping center located at 3810 University Avenue, commonly referred to as
University Avenue frontage road.
Dornoff read the staff report recommending approval of the request with the condition That any
easements needed for utility purposes by retained over, under, and upon the area to be vacated. Said
easements will be included on the plat of survey for the vacate request.
There was no discussion on this request.
It was moved by Schoborg, seconded by Holdiman to recommend approval of the vacate request with
the condition that any easements needed for utility purposes by retained over, under, and upon the
area to be vacated. Said easements will be included on the plat of survey for the vacate request.
Motion carried unanimously.
D. Encroachment Agreements
1. Request by James Hurst for an encroachment agreement for construction of a powered automotive
gate that will encroach one foot into the right-of-way of Fletcher Avenue located at 2425 West
4th Street in the "R-1" One and Two Family Residence District.
Hyberger read the staff report recommending approval of the request.
Donat asked about the fence being electric to which Schroeder responded that the fence itself will not be
electric but there will be electronic motors that will power rollers that will move the fence.
James Hurst, 2425 West 4th Street applicant for the request was asked about safety issues to which Hurst
responded that it will only be 1 foot into the right of way and that it would not affect the sidewalk and it
would be slow moving and a child could not get between the fence and the wall.
It was moved by Schoborg, seconded by Donat to recommend approval of the encroachment agreement
request,Motion carried unanimously.
VI. Discussion
The next meeting of the Planning, Programming and Zoning Commission will be on December 1St, 2020.
VII. Adjournment
It was moved by Holdiman, seconded by Donut, to adjourn the meeting at 5:08 p.m. Motion carried
unanimously.
- 3 -
Page 221 of 227
Planning and Zoning Commission
November 10,2020
Respectfully submitted,
*�—V
John Dornoff,
Planner I
- 4 -
Page 222 of 227
CITY OF WATERLOO
Council Communication
Housing Authority Board meeting minutes of November 16, 2020.
City Council Meeting: 12/14/2020
Prepared: 12/8/2020
ATTACHMENTS:
Description Type
❑ WHA Minutes 11-16-2020 Cover Memo
SUBJECT: Housing Authority Board meeting minutes of November 16, 2020.
Submitted by: Submitted By:Julie Dawson, Executive Director
Page 223 of 227
WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes
Monday November 16, 2020 at 4:45 PM(Zoom Meeting)
Harold E. Getty Council Chambers—Waterloo City Hall
Members Present: Boesen,Grieder,Klein,Morrissey,Feuss,Varnold,Juon
The meeting was called to order at 4:50 p.m by Chairperson Klein. Motioned by Sharon Juon, seconded by Pat Morrissey,
to approve minutes of the September 21,2020 meeting and the agenda as proposed.
Ayes: All Motion: Carried.
Old Business
Motioned by Ray Feuss, seconded by Sharon Juon to approve new modules and systems for Housing Pro software in the
total amount of$23,385.00. Ms. Juon questioned Julie Dawson as to if this would be the total cost for the project. Julie
replied that there will be additional expenses of scanners for each staff member, an Ipad for the Inspector, and hiring a
temporary employee to scan all current files into the new paperless system. Additionally, funds will be used to supplement
the annual service contract budgeted amount, as all of the new modules have an additional fee under the service contract.
Ayes: All-Motion Carried
New Business
Motioned by Ray Feuss, seconded by Sharon Juon to approve a travel request for Senada Muhic, Bookkeeper/
Administrative Assistant, to attend online Housing Choice Voucher Financial Accounting and Reporting training
February 15 -17, 2021 in the amount of$892.50.
Ayes: All—Motion Carried
Motioned by Ray Feuss, seconded by Sharon Juon to approve a Disciplinary Procedure section in the Waterloo Housing
Authority's Admissions and Continuing Occupancy Policy (ACOP) for Ridgeway Towers Apartments. Director Dawson
explained that this procedure was being proposed due to recent difficulty in terminating a Ridgeway Towers tenant for
smoking in her apartment in violation of the lease agreement. In fixture, all violations other than non-payment of rent, or
those that pose a clear and present danger to other residents, will follow this procedure. Mr. Morrissey asked Julie if any
of the residents at Ridgeway Towers had contracted COVID-19. According to Ms. Dawson, no residents have tested
positive for COVID. The Housing Authority is taking precautions at the building: twice daily disinfection of commonly
touched surfaces, disposable masks for visitors provided in the lobby(masks are required in all common areas), and hand
sanitizer stations near the elevator on each level. Additionally, gatherings of more than 10 people are not allowed, and
social distancing must be practiced.
Ayes: All—Motion Carried
Motioned by Pat Morrissey, seconded by Jonathan Grieder to approve the disposal of Public Housing and Section 8 files
that are withdrawn or terminated from the program, waiting list files that are withdrawn or transferred to occupancy, and
financial records.
Ayes: All—Motion Carried
Motioned by Pat Morrissey, seconded by Jonathan Grieder to approve and place on file the Housing Authority report
including the Leasing,HAP and Administrative Fee Utilization Report.
Ayes: All—Motion Carried
Motioned by Pat Morrisey, seconded by Jonathan Grieder to adjorn the meeting at 5:03 p.m.
Ayes: All—Motion Carried
SM
Page 224 of 227
CITY OF WATERLOO
Council Communication
Communication from the Waste Management Services Department on the notice of the conclusion of
employment for Joe Jones, Jr., Sewer Maintenance Worker, effective December 1, 2020 with recommendation
of approval of payout of$5,696.72 for unused benefits.
City Council Meeting: 12/14/2020
Prepared:
ATTACHMENTS:
Description Type
❑ Joe Jones Jr payout Backup Material
Communication from the Waste Management Services Department on the
SUBJECT: notice of the conclusion of employment for Joe Jones, Jr.. Sewer
Maintenance Worker. effective December 1. 2020 with recommendation of
approval of payout of$5.696.72 for unused benefits.
Submitted by: Submitted By:Lance Dunn, Human Resources Director
Page 225 of 227
CITY OF WATIRL00a IOWA
oft-K" .: STREET SOM
Ti dgfs Date;, 1
Efffttwe1 :.. IVI/
a"O&ftr4ritbaw &MOM
Tw.City Council Afernbers.
Re:. Notice of swveranct
MPMtMft Waste.i anownent Services l?eWrnwil ,
Job T cWcw swlc Sewer Maintenance Worloer ^
This is*jsodo t :"spinyrr ont of Joe Jones Jr.
tl t Elte S lftsdba has been severed by sl i *; Retired
Disability Related No Yes
Q Resigned
0 Termination
0 flti3er
In accordance.with.'City.,P*I .ItPs requested to allow payment which corisli 0f the following:
Benefits Tow Hours {x)Hourly Rare Total Payout
Vacation-Accrued 110 3 2785 9 3.D63.So
Vacatrstrs.Curr'e nt 32 S 77,55' S B9 ti.20
Usable Sick LeaVe 24 ,t 27$5 (A)2k 5 167,10 ,
fruzeir Sic*Leave xj 5
Parsonat HOuts 1693 $ 27.85 $ 471.30
Cornp 77me Pay 39.62 3 27.85 5 1.703 42
Unscheduled Leave 3
ofher Pay $
rotsl Payment 5 5,696,72
tints± -
Al
fT
Rn
Otig rW do Kin Resources by Department
# t►an Resources will forward original to City Clerk(abo in Personnel file)
Office v4.11 forward copy of approved form to Department and Human Resources �1
�Ouncli Agenda[tate Accruats ,'Status 134
w.
Page 226 of 227
. . _ a e
CITY OF WATERLOO
Council Communication
Communication from the Public Works Sanitation Department on the notice of the conclusion of employment
for Earnest Owens, Solid Waste Technician, effective November 13, 2020 with recommendation of approval
of payout of$5,762.72 for unused benefits.
City Council Meeting: 12/14/2020
Prepared:
ATTACHMENTS:
Description Type
Communication from the Public Works Sanitation Department on the notice
SUBJECT: of the conclusion of employment for Earnest Owens, Solid Waste
Technician, effective November 13, 2020 with recommendation of approval
of payout of$5.762.72 for unused benefits.
Submitted by: Submitted By:Lance Dunn, Human Resources Director
Page 227 of 227