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Council Packet - 2/1/2021
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Meeting will be held virtually via Zoom. Visit https:Hcityofwaterlooiowa.com/register and register to receive the Zoom meeting information. Please contact the City Clerk's Office at 319-291-4323 with questions. Monday, February 1, 2021 5:30 PM CITYOF 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 Conmaity 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 connunity. ELECTRONIC CITY COUNCIL MEETINGS At this time,all meetings of the Waterloo City Council will be electronic because meeting in person is impossible or impractical due to the spread of COVID-19. Iowa Code Section 21.8,Governor Reynolds'Disaster Emergency Proclamations allow cities to hold electronic meetings and Mayor Hart has issued Civil Emergency Proclamations calling for electronic meetings. Electronic meetings will be held utilizing Zoom video conferencing. Zoom meeting information is available on the city website at httpsJ/cityofwaterlooiowa.com/register. You may also call the City Clerk's Office at 319-291-4323 or email clerks@waterloo- ia.org to receive the meeting information. Individuals speaking during the electronic regular session or planning session meetings are required to follow the rules for public participation. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA 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. R 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. Page 1 of 547 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA 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.; Individuals may call the city clerk's office at 319-291-4323 or email clerks@waterloo-ia.org. 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 RULES FOR 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. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS 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. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Kelley Felchle, City Clerk Agenda, as proposed or amended. Minutes of January 19, 2021, Regular Session, as proposed. PUBLIC COMMENTS 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 the Iowa Economic Development Authority grant application Page 2 of 547 for CDBG-CV funds (second round), in the amount of $610,182, for mitigation or response, by the Community Development Department, to the effects of Coronavirus in the City of Waterloo. Submitted By: Rudy D. Jones, Community Development Director 3. Resolution approving the FY20 Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG and HOME program activities for the period of July 1, 2019 through June 30, 2020 to the United States Department of Housing and Urban Development Submitted By: Rudy D. Jones, Community Development Director 4. Motion approving Final Quantity Summary for a net decrease of $86,355.05 in conjunction with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Midwest Concrete, Inc., of Peosta, Iowa, at a total cost of $319,425.60, in conjunction with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and receive and file a two- year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 6. Motion approving Final Quantity Summary for Vieth Construction Corporation, for a net decrease of$10,947.50, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $87,642, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 8. Motion approving Final Quantity Summary for Aspro, Inc., for a net decrease of $97,882.10, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $3,580,544.71, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peters Construction Corporation, of Waterloo, Iowa, at a total cost of $951,547.33, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Page 3 of 547 11. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in an amount not to exceed $554,672.70, and approving the contract, bonds, and certificate of insurance in conjunction with FY 2021 Center For The Arts Parking Improvements Phase 3, Northwest Half Project, Contract No. 1004, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer 12. Resolution accepting a grant from the Black Hawk County Gaming Association for the Convention Center Phase 3 Renovations in the amount of$820,000, requiring matching funds of $1,500,000 and authorizing the Mayor to execute said document. Submitted By: Michelle Weidner, Chief Financial Officer 13. Resolution accepting a grant from the Black Hawk County Gaming Association in the amount of $20,000 for the Waterloo Aquatics Master Plan and authorizing the Mayor to execute said document. Submitted By: Paul Huting, Leisure Services Director 14. Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy to approve the purchase of a 2019 Ford Econoline V1 PW Van with sixteen (16) foot ramp, for the Sanitation Department, in the amount of $37,120, from Enterprise Truck Rental of Spring Lake Park, Minnesota. Submitted By: Randy Bennett, Publie Works Division Manager 15. Resolution approving award of bid to Marsden Building Maintenance of Des Moines, Iowa in the amount of$2,452.15 per month along with Alternate#2 - Parts 1 and 2, approving the contract, bond and certificate of insurance, in conjunction with the City of Waterloo Public Works Facility Janitorial Services Contract, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Randy Bennett, Public Works Division Manager 16. Resolution setting date of public hearing as February 15, 2021 to approve the request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of six (6) residential lots for single family homes, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 17. Resolution setting the date of a public hearing as February 15, 2021, to approve a request by the City of Waterloo to vacate and convey approximately 1.70 acres of excess right-of-way to M.T. Co., LLC, in accordance with a property exchange agreement, with the retention of a utility easement, located south of 3470 West Airline Highway, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 18. Resolution setting date of public hearing as March 1, 2021 to approve the University Avenue Area Urban Renewal and Redevelopment Plan, setting date of consultation with affected taxing entities as February 12, 2021, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 19. Resolution setting date of public hearing as February 15, 2021 to approve a ten- year agreement for a Body/In-Car cameras, Tasers and digital evidence management system with Axon Enterprise, Inc. and instruct the City Clerk to publish said notice. Submitted By: Dave Mohlis, Police Captain Page 4 of 547 20. Resolution approving the request by 3 Stooges, LLC for tax exemptions on commercial building improvements valued at $188,500, for property located at 520 West Parker Street, and located in the Consolidated Urban Revitalization Area (C U RA). Submitted By: Noel Anderson, Community Planning and Development Director 21. Resolution approving the request of Kinon O'Neal for tax exemptions on the construction of a new single family home valued at $459,548 for property located at 1801 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 22. Resolution approving the request of Steve Hostetler for tax exemptions on the construction of a new single family home valued at $365,000, for property located at 329 Sheridan Road, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 23. Resolution approving the request of Loren and Carlene Gardner for tax exemptions on the construction of a new single family home valued at $300,000, for property located at 1224 Garden Ave., and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 24. Resolution approving the request of Brian Gerloff for tax exemptions on the construction of a new single family home valued at $357,000, for property located at 1329 E Shaulis Road, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 25. Resolution approving the request of Garry and Sandra Stuber for tax exemptions on the construction of a single duplex unit valued at $57,000, for property located at 111 Cathy Jean Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 26. Resolution approving the request of MDJNAD Investment, LLC, for tax exemptions on the construction of a single duplex unit valued at $179,900, for property located at 831 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 27. Resolution approving the request of MDJNAD Investment, LLC, for tax exemptions on the construction of a single duplex unit valued at $174,900, for property located at 833 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 28. Resolution approving the request of Robson Homes, Inc., for tax exemptions on the construction of a single duplex unit valued at $130,000, for property located at 840 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 29. Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a single duplex unit valued at $130,000, for property located at Page 5 of 547 841 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLU RA). Submitted By: Noel Anderson, Community Planning and Development Director 30. Resolution approving the request of Robson Homes, Inc., for tax exemptions on the construction of a single duplex unit valued at $130,000, for property located at 842 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 31. Resolution approving the request of Mehmed and Endi Mujakic for tax exemptions on the construction of a single duplex unit valued at $100,000, for property located at 852 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 32. Resolution approving the request of Open Water Properties, LLP, for tax exemptions on the construction of a new single family home valued at $199,900, for property located at 2100 Ansborough Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 33. Resolution approving the request of Gary and Kendra Knudson for tax exemptions on the construction of a new single family home valued at $1,200,000, for property located at 5107 South Fork Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 34. Resolution approving the request of Elvis Alicic for tax exemptions on the construction of a new single family home valued at $356,000, for property located at 1711 Falcon Ridge, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 35. Resolution approving the request of Lee Dallenback Betsinger for tax exemptions on the construction of a new single family home valued at $349,900, for property located at 1632 Blue Wing Drive, and located in the City Limits Urban Revitalization Area (CLURA), and rescinding Resolution No. 2019-301. Submitted By: Noel Anderson, Community Planning and Development Director 36. Resolution approving the request of Matthew Smaldino for tax exemptions on the construction of a new single family home valued at $508,217, for property located at 3652 Burton Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Inv. Rasmussen, Frana and Gergen Class/Meeting: Interview and Interrogation Series Training Destination: Waterloo, IA Dates: 1/28, 2/11 and 2/25, 2021 Page 6 of 547 Amount not to exceed: $1,071 b. Matt Buenger, Engineering Technician Class/Meeting: HMA Level 1 Certification Destination: Online and Boone, IA Dates: 3/29/21 -4/2/21 Amount not to exceed: $754.87 2. LIQUOR LICENSES a. Doughy Joey's Peetza Joynt, 300 W. 4th Street Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 1/21/2022 b. Hy-Vee Food & Drugstore #3, 1422 Flammang Drive Class: E Liquor Renewal Application Includes Sunday Expiration Date: 2/8/2022 C. Hy-Vee Market Cafe'#3, 1422 Flammang Drive Class: C Liquor w/Catering Renewal Application Includes Sunday Expiration Date: 3/15/2022 d. Olive Garden #1489, 1315 E. San Marnan Drive *Ownership Update* Class: C Liquor New Application Includes Sunday Expiration Date: 5/29/2021 e. Three Amigos Family Restaurant, 2820 Falls Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/24/2021 f. The Snack Shack, 4335 Texas Street Class: E Liquor Renewal Application Includes Sunday Expiration Date: 11/4/2021 3. APPOINTMENTS a. Dionne Grabek Board/Commission: Housing Authority Board Expiration Date: February 1, 2023 New Appointment 4. Motion approving Change Order No. 2 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $7,615, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Page 7 of 547 Submitted By: Noel Anderson, Community Planning and Development Director 5. Motion approving change orders No. 2 and No. 3 with Kidder Construction, Inc., of Waterloo, Iowa, for no increase to total project, in conjunction with the City of Waterloo Public Works Truck Wash Project, Contract No.19-23490 and authorizing the Mayor to execute said documents. Submitted By: Randy Bennett, Public Works Division Manager 6. Motion approving Change Order No. 3 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $753.00 in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 7. Motion approving Change Order No. 6 with Peters Construction Corporation, of Waterloo, Iowa, for no increase to the project total, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 8. Cigarette/Tobacco Permit New Application for Lane's Corner Store, LLC, 2027 Falls Avenue. PUBLIC HEARINGS 2. FY 2021 Greenbelt Lake REAP Grant Project, Contract No. 1042. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids and refer to Leisure Services Director for further review. Submitted by: Travis Nichols, Facilities/Project Manager 3. Request by the City of Waterloo to rezone approximately thirty-nine (39) acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District, located East of 2971 Independence Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to rezone approximately thirty- nine (39) acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District, located East of 2971 Independence Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 4. Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty- three (23) vehicles for police administrative and investigative staff. Page 8 of 547 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file comments. Resolution approving a recurring Master Equity Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23) vehicles for police administrative and investigative staff, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Joe Leibold, Major 5. Sale and conveyance of city owned property, located south of 1246 Martin Road, to IPE1031 REV279, LLC, (Cardinal Construction), and to approve the Fourth Amendment to a Development Agreement to convey additional land and award four years at 50 percent tax rebates for the expansion/construction of a shared detention pond system. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property located south of 1246 Martin Road, to IPE1031 REV279, LLC, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a Development Agreement, to include additional rebates for four (4) years at 50% for a shared detention system, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 6. Sale and conveyance of city owned property located at the northwest corner of Beech Street and Webster Street, to Walter and Kelly Reed, for$1,738.80, with a Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property located south of 1213 Beech Street, to Walter and Kelly Reed, in the amount of$1,738.80, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 7. Resolution adopting a face mask mandate for the City of Waterloo. Submitted By: Jonathan Grieder, Ward 2 Council member 8. Resolution approving an agreement with deNovo Marketing, LLC, of Cedar Rapids, Iowa, to provide consulting services and guide the 2030 Waterloo Community Vision and Strategic Plan, in the amount of$50,000, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Mayor Quentin Hart 9. Resolution approving the Convention and Visitors Bureau Board recommendations for Page 9 of 547 funding a hotel-motel mini grant applications for the Iowa Boys/Girls State Bowling Tournament, in the amount of $3,000 and the Cedar Valley Invitational Collegiate Bowling Tournament, in the amount of$1,000. Submitted By: Tavis Hall, Executive Director, Experience Waterloo 10. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed $22,860, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 11. Resolution approving the System Wide Infrastructure Framework (SWIF) Letter of Intent, in conjunction with the levee relief well testing and rehabilitation for the Waterloo, Iowa – RDB Cedar River/RDB Black Hawk Creek (SW) levee system, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 12. Resolution approving an Amendment to a Development Agreement with Black Hawk Contracting and Development, Co., of Waterloo, Iowa, originally executed February 17, 2014, to reassign the agreement to Paramount Investments, LLC, and modifying the rebates for years one (1) through three (3), for the project located at 301-311 E. 3rd Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $83,500, in conjunction with the FY 2021 Center for the Arts Parking Improvements, Phase 3, Northwest Half, Contract No. 1004, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 14. Resolution approving an amendment to Lease Agreement with Anderson and Anderson Farms, to farm approximately 36.1 acres of city-owned land, generally located north and east of North Crossing development and on the east side of E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving Supplemental Agreement No. 3 with Willett Hofmann, (formerly Ament), of Cedar Rapids, Iowa, in conjunction with construction engineering services for the Ansborough Avenue Widening Project, Iowa DOT Project Number STP-A- 8155(757)-86-07, in the amount of $1,055.05, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 16. Resolution approving an Acquisition Contract with Todd L. Chapman and Scott C. Chapman for the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street, in the amount of $33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Page 10 of 547 OTHER COUNCIL BUSINESS 17. Motion approving denial of an application for a Class C Liquor License for Deme' Enterprise, LLC, DBA Deme' Day Spa, located at 3261 University Avenue. Submitted By: Kelley Felchle, City Clerk 18. Motion approving Change Order No. 4 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $88,881, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Motion approving Change Order No. 4 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $88,881, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting minutes December 2020. 2. Planning, Programming and Zoning minutes of December 2020. 3. Leisure Services Commission Board minutes of December 8, 2020. 4. Waterloo Housing Authority Board minutes of January 19, 2021. Page 11 of 547 CITY OF WATERLOO Council Communication Minutes of January 19, 2021, Regular Session, as proposed. City Council Meeting:2/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of January 19, 2021 Backup Material Submitted by: Submitted By: Page 12 of 547 January 19, 2021 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 Tuesday, January 19, 2021. 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: Dave Boesen, At-Large Council Member 159424 - Juon/Grieder that the Agenda, as amended,by striking approval of the lease agreement in Item 6, and setting a date of public hearing, for the Regular Session on Tuesday, January 19, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159425 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, January 4, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring January 18, 2021 as Martin Luther King, Jr.'s Birthday. ORAL COMMENTS No members of the public wished to speak. Mr. Morrissey commented there are two citizens who have property abutting city property and city staff told them that they would be able to acquire the city owned property. However, that has yet to occur, the citizens have been maintaining the property, and the city has not moved forward with transferring the property. He stated that it seems both of these agreements have been dismissed and the city is not keeping its word. He added that 804 W. 4th Street was opened as the Waterloo Warming Center. Donations can be directed to the Hospitality House and they do very badly need donations. He questioned if Leisure Services would renew the idea of pushing ice off the lagoon so that young ice skaters can skate outside. He further questioned when the renewal of the mask mandate would be on the agenda. Kelley Felchle, City Clerk, commented that the mask mandate resolution has been drafted and it would be on the agenda on February 1, 2021. Noel Anderson, Community Planning and Development Director, commented that the Development Agreements still need to be formalized for the prospective buyers. He provided an explanation for the delays and that the process should be complete by March for both buyers. Mrs. Klein commented that she would like to encourage the city council to move back to chambers for meetings as it puts an undue hardship on some of our citizens. 159426 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159427 - Juon/Amos that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Reports, dated January 11, 2021, in the amount of$1,302,191.67 and January 19, 2021, in the amount of$4,396,920.98 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 13 of 547 January 19, 2021 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2021-05. 2. Resolution accepting a U.S. Department of Justice FY20 Coronavirus Emergency Supplemental Funding Program Grant for local communities affected by the COVID-19 virus, in the amount of$29,000, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-06. 3. Motion approving final quantity adjustment for Vieth Construction Corporation for a net decrease of$19,398.51, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988, and instruct the City Clerk to publish said notice. 4. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of, Cedar Falls, Iowa, in the amount of$200,548.49, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988. Resolution adopted and upon approval by Mayor assigned No. 2021-07. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 11, 2021 and date of public hearing as February 15, 2021, for the FY 2021 Sanitary Sewer Gatewell Repairs Project, Contract No. 951, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-08. 6. Resolution setting date of public hearing as February 1, 2021 to approve the request by the City of Waterloo to rezone approximately 39 acres from"A-1"Agricultural District to "M- 2,P"Planned Industrial District for property located East of 2971 Independence Avenue, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-09. 7. Resolution setting date of public hearing as February 1, 2021, to approve the Fourth Amendment to a Development Agreement with IPE1031 REV279, LLC (Cardinal Construction)to convey additional land and award four years at 50 percent tax rebates for the expansion/construction of a shared detention pond system, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-10. 8. Resolution setting date of hearing for February 1, 2021 for the sale and conveyance of city owned property located at the northwest corner of Beech Street and Webster Street, to Walter and Kelly Reed, for$1,738.80, with a Development Agreement, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-11. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Officer John Koontz Legally Justified; But was Waterloo, 1/11/2021 $199 it Avoidable IA b. Bri Boss, Certified Pool Operator Cedar Falls, 1/26-27/2021 $300 Aquatics/Safety School IA Services Specialist Page 14 of 547 January 19, 2021 Page 3 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Casey's General Store#2427, E Liquor New 6/15/2021 x 3035 Logan Ave. *Ownership Update* b. Casey's General Store#3880, E Liquor/B Wine/ Renewal 1/31/2022 x 1900 W. Ridgeway Ave. C Beer c. Cedar Valley Fish Market, 218 B Beer/B Native Renewal 1/25/2022 Division St. Wine d. Hampton Inn, 2034 LaPorte Special Class C Renewal 1/31/2022 x Road Liquor e. LongHorn Steakhouse#5374, C Liquor New 9/1/2021 x 1425 E. San Marnan Dr. 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Edward Ottesen Design Review Board January 26, 2024 Re-Appointment 4. Motion approving Change Order No.1 with Kidder Construction, Inc., of Waterloo, Iowa, for no increase to the project total,in conjunction with the City of Waterloo Public Works Truck Wash,Project No. 19-23490, and authorizing the Mayor to execute said document. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 159428 - Morrissey/Grieder that proof of publication of notice of public hearing on FY 2021 Center For The Arts Parking Improvements Phase 3,Northwest Half Project, Contract No. 1004, as published in the Waterloo Courier on January 4, 2021,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. 159429 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159430 - Morrissey/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-12. 159431 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $580,700 Bidder Bid Security Total Bid Amount Peterson Contractors Inc. R 5% $554,672.70 einbeck, Iowa Page 15 of 547 January 19, 2021 Page 4 Vieth Construction Corporation 5% $609,882.80 Cedar Falls, Iowa K Cunningham Construction Co., Inc., o Cedar Falls, Iowa 5/o $634 566.75 Lodge Construction, Inc., 5% $558,399.80 Clarksville, Iowa Voice vote-Ayes: Seven. Motion carried. 159432 - Amos/Feuss that proof of publication of notice of public hearing on FY 2021 Highway 63 Enhancements from Washington Street to Parker Street Project, Contract No. 1029, as published in the Waterloo Courier on January 8, 2021,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. 159433 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159434 - Amos/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mayor Hart commented that this project was let by the IDOT on December 15, 2020. Resolution adopted and upon approval by Mayor assigned No. 2021-13. 159435 - Amos/Feuss that "Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in an amount not to exceed $1,580,506.81, and approving the contract, bond, and certificate of insurance, in conjunction with FY 2021 Highway 63 Enhancements from Washington Street to Parker Street Project, Contract No. 1029, 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. 2021-14. RESOLUTIONS 159436 - Juon/Amos that "Resolution approving the payment of invoices as needed (generally weekly) by the Finance Department with subsequent approval by the City Council",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that he does not have a problem with paying a weekly bill where a contractual obligation exists but that he does have a problem paying all the bills weekly without council review. Michelle Weidner, Chief Financial Officer, commented that the city has at least forty people city wide involved in bill payments. She explained that the Finance Department then reviews the payments prior to processing and that it would be difficult to clarify with all involved, which items would be paid on which date. She said that it would be impossible to review them for a two-week period without adding staff to help in that process, and then try to find something else for them to do the next week. Mr. Boesen questioned if departments weren't tasked to come up with a plan on how they were going to operate on a two week basis. Michelle Weidner confirmed and said that it was her plan to continue to pay the bills weekly because that is the most efficient process for everyone involved. Page 16 of 547 January 19, 2021 Page 5 Mr.Boesen commented that if the departments were planning on submitting things on a twice a month schedule for you, now they need to be notified to go back to a weekly billing. Michelle Weidner commented that no one had been notified that the bill payment would be switched to two weeks. Mrs. Juon questioned what would happen if the council did not want to approve the bill. Michelle Weidner commented that council is no longer approving the payment of the bills,but placing them on file because the check has already been sent. There is nothing we can do about that. She commented that if there were invoices that she or her department would find questionable,those would likely be deferred for council approval. Mayor Hart asked Mr. Boesen if he would like to meet with him and Michelle to hear his concerns and discuss safeguards. Mr. Boesen commented that it is to be voted on tonight,but he would be open to meeting to work out some issues. Resolution adopted and upon approval by Mayor assigned No. 2021-15. 159437 - Juon/Amos that "Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo Waterloo Municipal Concert Band in the amount of$13,619 for the 2020 summer season, Leisure Services Event Shuttle in the amount of$4,485 and Waterloo Leisure Services, and SportsPlex in the amount of$6,250",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mrs. Klein questioned if the 2020 summer season, should read 2021 summer season. Michelle Weidner, Chief Financial Officer, commented that it is for the 2020 summer season for the band and explained that it was held back to see what type of hotel/motel taxes we would receive. Mr. Boesen commented he also thought it was a typo and questioned if they held a concert on every one of the dates that they had listed. Mayor Hart questioned if the amount is down from what we normally pay. Michelle Weidner explained that the amount we are paying is less than normal, and we are only paying for the dates they played. Resolution adopted and upon approval by Mayor assigned No. 2021-16. 159438 - Juon/Amos that "Reselefien f-eeuffing Mastef- Equity Lease Ageement with Enterprise Leasing e > , authorizingand the Mayort6 eXccu4e�ia a„cmi2n »,b adopted. that "Resolution setting date of public hearing as February 1, 2021, to approve a recurring Master Equity Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23) vehicles for police administrative and investigative staff, and instruct the City Clerk to publish said notice. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-17. 159439 - Klein/Grieder that"Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed July 8, 2020, in an amount not to exceed, $360,000, in conjunction with a Phase I Preliminary Engineering Report for a new Page 17 of 547 January 19, 2021 Page 6 interceptor sewer serving the Highway 63 south corridor, Contract No. 1037, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned if the dollar amount also includes the preliminary design cost. Randy Bennett, Public Works Division Manager, confirmed that it does not include the preliminary design cost. Ross Hillsman, AECOM, provided an overview of the project and explained that this will help with many of the sewer backup problems that residents in the Homepark Boulevard Neighborhood experienced over the summer. Mayor Hart commented that he, Mrs. Klein, and others toured the area this summer to see how they could help residents in this area. Resolution adopted and upon approval by Mayor assigned No. 2021-18. 159440 - Klein/Grieder that "Resolution approving Supplemental Agreement No. 13, to a Professional Services Agreement originally executed April 3, 2006, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed$239,500,in conjunction with the US Highway 63 Improvements from Jefferson Street to Donald Street, 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. 2021-19. 159441 - Klein/Grieder that "Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, in an amount not to exceed $108,000, for construction related services, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, 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. 2021-20. 159442 - Feuss/Grieder that"Resolution approving a Real Estate Purchase Agreement(non-residential), and approving deeds to sell and donate real property to the City of Waterloo, for the partial acquisition of property storm sewer easements, drainage easements and temporary easements from Ascension Lutheran Church, in the amount of $81,665.48, located at 2211 Maynard Avenue, 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 believes the project needs to go forward but his concern is that the purchase price is incredibly high. He also expressed concern about putting a curb cut on a 45 mile per hour road. Jamie Knutson, City Engineer, commented that the curb cut would come out at the intersection at Greenhill and the ramps on to University. He explained that the church is not actively planning to put anything at the location but that they may want to have access in the future be able to sell off some property for a commercial development and didn't want to limit themselves to not being able to get access for a commercial development off of Greenhill. He said there have been several months of negotiations with Ascension Lutheran Church on the price of the property and in the end; this is the best interest of all involved. Noel Anderson, Community Planning and Development Director, provided an overview of the property and how the pricing was negotiated. Mr. Boesen questioned what the city will be on the hook for if they decided to utilize the curb cut for resignaling the intersection. Page 18 of 547 January 19, 2021 Page 7 Jamie Knutson commented that the development agreement only provides the option to get the curb cut but does not specify anybody's cost. Mr. Boesen commented that if they opt to use the curb cut, than the city is obligated to change the signaling. Jamie Knutson commented that if the church sells the property,the city would have to look at how the property would be utilized. Just as we do for any development agreement with other businesses that are looking to build. Currently there is nothing in the agreement that commits the city to install a signal. Mrs. Klein expressed gratitude to everyone who worked on this project as the flooding in their neighborhood was significant and this should correct their issues. Resolution adopted and upon approval by Mayor assigned No. 2021-21. 159443 - Feuss/Grieder that "Resolution approving a Contract Termination Agreement with the State of Iowa, and Crystal Distribution Services, Inc.,Contract 18-TC-010, for a project that did not commence forward with any State of Iowa incentives, 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. 2021-22. 159444 - Feuss/Grieder that "Resolution approving a Development Agreement with Midwest Development Co., of Cedar Rapids, Iowa, for the construction of ten (10) single-family homes and seven (7) duplexes, located northeast of 3405 Monticello Avenue, with a minimum value of $150,000 each, approving a development grant of $5,000 per unit, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-23. 159445 - Amos/Grieder that"Resolution approving an Acquisition Contract with Todd L. Chapman and Scott C. Chapman for the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street, in the amount of $33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document", be adopted. Kent Cowell, 241 Fairfield Street, commented that he, Mr. Morrissey, and several neighbors are against the city building a cul-de-sac on their street. His family purchased the property because it is quiet and they think there are much better places in the city to build on rather than on this dead end street in a wooded neighborhood. Joshua Adams, 512 Cedar Bend Street, commented that he lives in the same neighborhood and what brought his family to live here is the large amounts of trees. He added that he does not understand why the city would tear down trees and build houses on a small property when there are plenty of other places to build. He added that the house on the property is dilapidated and that he is glad to see that they have finally started to renovate the property. Mr. Morrissey commented that he is opposed to this proposal. He questioned why the city council did not have a closed session on this property acquisition. He questioned if Planning and Zoning Commission would be involved prior to council discussion or would they be involved if this was to pass and in what regard. He added that people in the neighborhood bought their homes there because of the abundance of trees. He questioned if the city has done soil testing because dumping was taking place on the property in the mid-twentieth century. He then stated that he helped the residents formulate a petition to save the land from development and said that the petition is signed by 91 people, which includes people that live on that street and neighboring streets. Mayor Hart questioned how long Mr. Morrissey has had the petition. Page 19 of 547 January 19, 2021 Page 8 Mr. Morrissey commented that he has had the list since August and that he informed Noel Anderson that the neighbors out there were opposed to any type of development. Mrs. Juon questioned if there are so many people objecting, why is this particular property so important, and is there no other land that the developer could use for the project. Noel Anderson explained that when we are approached by developers, staff first look at what land the city owns. He then sited strategic plan strategies 1.3, 1.4, 1.7, 3.1 and 3.8, stated that this property is in the CURA area, and then provided a number of reasons this property came to the forefront. He also explained that an added cul-de-sac would provide a proper turn around for garbage trucks, snowplows, and fire trucks and would still be a dead-end street,but more adequately designed for turnarounds. He stated that the acquisition contract does include wording that addresses environmental concerns and that the city would do any necessary testing before closing on the land. He said that he understands the draw to living near a wooded area, but as staff, they are tasked to looking at infill development, trying to create and raise the tax base and create housing opportunities in Waterloo. He explained that the city is fortunate to have someone who wants to build a new subdivision on the north side of Waterloo. Prior to this, the last time was in 2006 and 1992 before that. Mr. Boesen asked who would be paying for the cul-de-sac. Noel Anderson explained that the proposal being discussed is that the city would layout the subdivision to make sure that the abutting neighbor, Mr. Stephens, gets his parcel. We would lay out the lots for sale and development, and all the infrastructure, such as water, sewer and road extension would be done by the developer. He further explained how the lots would be priced. Mr. Amos stated that he would not be supporting the agreement because so many of the citizens in the neighborhood are opposed to the development. Mrs. Klein commented she is torn on the issue. She shared her personal experience of when she first bought her condo. The wild space that she once enjoyed looking at was sold and now the view has changed from wild life to condos. Unfortunately, we cannot control what happens to land we do not own. She also commented on the opportunity for development on the north side that has seemingly fallen into our laps. The northeast side languishes for lack of development and we have said all along that we have wanted to increase that. Mr. Grieder commented that he is also in opposition to this development. He understands the consequences of lack of development in our city. However, he is persuaded by the clear undivided voice of the neighbors and the importance of green space. Mr. Feuss explained that he is disappointed to learn that there was a petition four months ago and council was not made aware of it before now. He also questions why there wasn't an overwhelming show of opposition tonight considering how long the proposed agenda has been available, with the new meeting format. He has looked at the map and all that this neighborhood has to offer and he understands the concerns of the neighbors. He pointed out the positives that would come with this development, such as increased opportunities to new homes and increased value of the surrounding homes as well. In addition, the neighborhood as a whole still has a lot of green space for people to come together. He stated that he would support moving forward with the development. Mr. Boesen commented that he would have appreciated the petition being included in the council packet. Especially since the council agenda came out a week ago yesterday, giving council eight days to digest this and have an opportunity to talk with some people. He stated that it would have been good to hear from more of the 90 people who signed the petition and wishes they would have taken advantage of speaking at the council meeting tonight. Mr.Morrissey reminded the council that 100 percent of the neighborhood is opposed to this. If council wants to make an issue of him having the petitions,just know that the planning staff knew that there was 100 percent opposition but they chose to go ahead with it. Whether, or not, anyone on council knew about the petition before tonight, it is still a fact. He asks council to deny this resolution for the sake of the neighbors who are 100 percent opposed to this development. Mrs. Juon questioned whether this developer could find another location in the northeast part of Waterloo if this resolution is turned down. Page 20 of 547 January 19, 2021 Page 9 Noel Anderson commented that he is not sure that he can answer that question. He is not certain there is other land that is ready to go that would meet this developer's requirement. 159446 - Boesen/Grieder To postpone to February 1 to allow council time to digest this and possibly hear from more neighbors in that area, and to see the petition. Roll call vote-Ayes: Seven. Motion carried. ADJOURNMENT 159447 - Feuss/Grieder that the Council adjourn at 6:51 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 21 of 547 CITY OF WATERLOO Council Communication Resolution approving the Iowa Economic Development Authority grant application for CDBG-CV funds (second round), in the amount of$610,182, for mitigation or response, by the Community Development Department, to the effects of Coronavirus in the City of Waterloo. City Council Meeting:2/1/2021 Prepared: 1/12/2021 Resolution approving the Iowa Economic Development Authority grant SUBJECT: application for CDBG-CV funds (second round), in the amount of $610.182, for mitigation or response, by the Community Development Department, to the effects of Coronavirus in the City of Waterloo. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: Approve grant application. HUD announced on May 11, 2020 the availability of the second round of Summary Statement: CDBG-CV funds for states which allowed them to fund activities in entitlement areas. The state decided to allocate funds to entitlement cities based on population. Funds will need to be expended by 7/20/25. Source of Funds: Iowa Economic Development Authority Page 22 of 547 CITY OF WATERLOO Council Communication Resolution approving the FY20 Consolidated Annual Performance and Evaluation Report(CAPER) for CDBG and HOME program activities for the period of July 1, 2019 through June 30, 2020 to the United States Department of Housing and Urban Development City Council Meeting:2/1/2021 Prepared: 1/12/2021 ATTACHMENTS: Description Type ❑ FY20 CAPER-DRAFT Backup Material Resolution approving the FY20 Consolidated Annual Performance and SUBJECT: Evaluation Report(CAPER) for CDBG and HOME program activities for the period of July 1, 2019 through June 30, 2020 to the United States Department of Housing and Urban Development Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approve submission of report Source of Funds: CDBG and HOME funds Page 23 of 547 Consolidated Annual Performance Evaluation Report Performance Period July 1, 2019 through June 30, 2020 _ e CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. Waterloo Community Development receives federal funding through the U.S. Department of Housing and Urban Development("HUD").The information contained in this Consolidated Annual Performance and Evaluation Report("CAPER") provides assessment of the City's progress towards meeting the stated goals and objectives stated in the 2019-2023 Consolidated Plan and the One Year Action Plan goals and objectives for Program Year ("PY") 2019.The CAPER reports on the City's fiscal year July 1, 2019 through June 30, 2020 for the following federal formula grant programs: • Community Development Block Grant ("CDBG") • HOME Investment Partnership Program ("HOME") The City of Waterloo is the designated lead entity for the Waterloo/Cedar Falls HOME Consortium.The Consortium allows the two local governments to join together in order to receive HOME funding for affordable housing.This allows both cities to benefit from the HOME Investment Partnership funding that each city would not otherwise qualify for under the formula criteria.The City of Waterloo has set forth the following goals according to the community's needs in the Strategic and Annual Plan: • To provide decent housing by preserving the affordable housing stock,increasing the availability of affordable housing,reducing discriminatory barriers,increasing the supply of supportive housing for those with special needs, and transitioning homeless persons and families into housing. • To provide suitable living environment through safer,more livable neighborhoods,greater integration of low-and-moderate-income residents throughout both cities,increased housing opportunities,and reinvestment on deteriorating neighborhoods. • To provide supportive services to individuals who are in greatest need,including at-risk children and youth,low-income families,the homeless CAPER 1 OMB Control No:2506-0117(exp.09/30/2021) Page 24 of 547 and persons threatened with homelessness,the elderly,and persons with disabilities. The late arrival of the FY19 funding and the COVID-19 pandemic casued a shortfall in reaching our proposed FY19 goals. Many programs were affected by the pandemic. Owner Occupied Rehabilitation was slowed or delayed due to households being under quartentine, contractors and workers being quarentined and lengthy material delays. City inspectors were only providing final inspections on a case by case basis. Operation Threshold put the Security Deposit Assistance Program on hold to focus their available resources on utility and rental assistance to individuals and families facing hardship due to the pandemic. Meetings and outreach events were cancelled in all sectors. The pandemic caused delays in the Homebuyer Assistance Program as well. Meeting were held virtually,contract signings were done curbside and intake was completed through regular mail and email.Waterloo Community Development is putting together a startegy for FY21 to increase production to adjust for the FY19 and FY20 anticipated shortfalls. As a result of the pandemic,unit inspections have been delayed and public service agencies are being desk monitored until onsite visits can resume. Subrecipient training is being conducted via Zoom meetings and over the phone conversations. City Council meetings,board meetings,public hearing and other agency meetings were also held virtually. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable,why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee's program year goals. CAPER 2 OMB Control No:2506-0117(exp.09/30/2021) Page 25 of 547 Goal Category Source Indicator Unit of Expected Actual- Percent Expected Actual- Percent / Measure - Strategic Complete - Program Complete Amount Strategic Plan Program Year Plan Year Acquisition of Affordable HOME: Homeowner Household Real Property Housing $ Housing Housing 4 0 0.00% Rehabilitated Unit Non-Housing CDBG: Clearance and Community $/ Buildings Buildings 5 0 Demolition Development HOME: Demolished 0.00% $ Tenant-based Deposit Affordable rental HOME: Households Assistance Housing assistance/ 125 0 25 0 Program Homeless $ Rapid Assisted 0.00% 0.00% Rehousing Affordable HOME: Homeowner Household Homeownership Housing 10 0 2 0 Housing $ Housing Added 0.00% 0.00% Unit Affordable HOME: Direct FinancialHouseholds Homeownership Assistance to 30 0 10 0 Housing $ Assisted 0.00% 0.00% Homebuyers CDBG: Household Housing Affordable $/ Rental units Housing 60 0 12 Rehabilitation Housing HOME: rehabilitated Unit 0.00% $ CDBG: Homeowner Household Housing Affordable $/ Housing Housing 110 2 22 13 Rehabilitation Housing HOME: 1.82% 59.09% $ Rehabilitated Unit CAPER 3 OMB Control No:2506-0117(exp.09/30/2021) Page 26 of 547 Public service activities other Neighborhood Non-Housing CDBG: than Persons Services Community $ Low/Moderate Assisted 2500 0 0.00% 500 4835 967.00% Development Income Housing Benefit Affordable Housing New Homeless Household HOME: Rental units Construction of Non- Housing 6 0 Rental Housing Homeless $ constructed Unit 0.00% Special Needs Owner Occupied Affordable CDBG: Homeowner Household Emergency Housing Housing 60 7 12 22 Housing $ 11.67% 183.33% Repair Rehabilitated Unit Public Facility or Public Facilities Non-Housing CDBG: Infrastructure Activities other Persons and Community /HOME: than Assisted 5000 0 Improvements Development 0.00% $ Low/Moderate Income Housing Benefit CAPER 4 OMB Control No:2506-0117(exp.09/30/2021) Page 27 of 547 Affordable Housing Homeless Public service Non- CDBG: activities other Homeless $/ than Persons Public Services 3000 36 1000 36 Special CDBG- Low/Moderate Assisted 1.20% 3.60% Needs CV: $ Income Non-Housing Housing Benefit Community Development Affordable Housing Homeless Public service Non- CDBG: Homeless $/ activities for Households Public Services Low/Moderate 100 0 100 0 Special CDBG- Income Assisted 0.00% 0.00% Needs CV: $ Housing Benefit Non-Housing Community Development Affordable Housing Homeless Non- CDBG: Homeless Homeless $/ Person Persons Public Services 200 0 40 0 Special CDBG- Overnight Assisted 0.00% 0.00% Needs CV: $ Shelter Non-Housing Community Development CAPER 5 OMB Control No:2506-0117(exp.09/30/2021) Page 28 of 547 Affordable Housing Homeless Non- CDBG: Homeless $/ Homelessness Persons Public Services 50 36 10 36 Special CDBG- Prevention Assisted 72.00% 360.00% Needs CV: $ Non-Housing Community Development Small Business Non-HousingCDBG- Businesses Businesses Community 50 0 50 0 Assistance CV: $ assisted Assisted 0.00% 0.00% Development Table 1-Accomplishments-Program Year&Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. CAPER 6 OMB Control No:2506-0117(exp.09/30/2021) Page 29 of 547 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 265 2 Black or African American 197 4 Asian 2 0 American Indian or American Native 14 0 Native Hawaiian or Other Pacific Islander 2 0 Total 480 6 Hispanic 19 0 Not Hispanic 461 6 Table 2 -Table of assistance to racial and ethnic populations by source of funds Narrative Racial and ethnic data listed is collected from the Single Family Rehabilitation Program and the Emergency Repair Program.The Salvation Army homeless shelter and the Iowa Legal Aid were public service agencies that were required to collect racial and ethnic data. CAPER 7 OMB Control No:2506-0117(exp.09/30/2021) Page 30 of 547 CR-15 - Resources and Investments 91.520(a) I entify the resources made available Source of Funds Source Resources Made Amount Expended Available During Program Year CDBG public-federal 1,246,955 779,392 HOME public-federal 432,619 122,320 Other public-federal 737,227 0 Table 3-Resources Made Available Narrative The City of Waterloo did not receive Authority to Use Grant Funds for FY19 until January 30, 2020. The delay in funds along with the COVID-19 pandemic caused delays in services such as emergency repairs and public service funding.As a result,many of the public service agencies were not able to use the grant funds prior to the end of the fiscal year. Mancy agencies were forced to conduct intake activities via phone,email and virtual appointments. Most of the public service agencies that were granted funds requested extensions on the period of performance due to the COVID-19 pandemic. The City also received$737,227 in round one CARES Act funding.The Funding Approval Agreement was received on July 1, 2020.These funds will be expended and reported on during FY20. CARES Act.funding will be used to prevent,prepare for or respond to Coronavirus in the City of Waterloo. I entify the geographic distribution and location of investments Target Area Planned Actual Narrative Description Percentage of Percentage of Allocation Allocation The project will be done Citywide 50 100 in the city limits. NEIGHBORHOOD REVITALIZATION STRATEGY AREA 50 0 Table 4-Identify the geographic distribution and location of investments Narrative Rehabilitation funds and Public Service funds used were not targeted toward a specific geographic area.The funds dispursed were used throughout the City of Waterloo targeting low-moderate income individuals and families. CAPER 8 OMB Control No:2506-0117(exp.09/30/2021) Page 31 of 547 Leveraging Explain how federal funds leveraged additional resources (private,state and local funds), including a description of how matching requirements were satisfied,as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. Over a three year period CDBG funds were used to secure the Lead Hazard Control Grant.A total match commitment of$160,000 was required over the three year funding period. During FY19 Lead Hazard Control funds in the amount of$654,027.02 were expended to remediate lead hazards in Waterloo homes. CDBG funds in the amount of$74,160.86 were used as match funding during the program year.To date,the City has expended$1,504,323.02 of the Lead Hazard Control Grant and leveraged the funds with$184,987.33 of CDBG funding.The funds were used to remove lead hazards and address health and safety issues in Waterloo homes. The Waterloo Housing Trust Fund ("WHTF") provided local funds to leverage the CDBG Emergency Repair Program. Funds in the amount of$21,810.00 were spent during the current program year to supplement CDBG emergency projects.WHTF provided homeowners with additional assistance on emergency repairs that exceeded the CDBG$4,000 program limit. Fiscal Year Summa -HOME Match 1. Excess match from prior Federal fiscal year 11,925,996 2. Match contributed during current Federal fiscal year 88,011 3.Total match available for current Federal fiscal year (Line 1 plus Line 2) 12,014,007 4. Match liability for current Federal fiscal year 14,733 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 11,999,274 Table 5-Fiscal Year Summary-HOME Match Report CAPER 9 OMB Control No:2506-0117(exp.09/30/2021) Page 32 of 547 Match Contribution for the Federal Fiscal Year Project No. Date of Cash Foregone Appraised Required Site Bond Total Match or Other ID Contribution (non-Federal Taxes,Fees, Land/Real Infrastructu Preparation, Financing sources) Charges Property re Construction Materials, Donated labor HM12.0074 742 W 3rd. 11/27/2019 82,174 0 0 0 5,837 0 88,011 Table 6-Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income- Enter the program amounts for the reporting period Balance on hand at Amount received Total amount Amount expended for Balance on hand at end begin-ning of reporting during reporting expended during TBRA of reporting period period period reporting period $ $ 0 6,801 0 0 6,801 Table 7-Program Income CAPER 10 OMB Control No:2506-0117(exp.09/30/2021) Page 33 of 547 Minority Business Enterprises and Women Business Enterprises- Indicate the number and dollar value of contracts for HOME projects completed during the reporting eriod Total Minority Business Enterprises White Alaskan Asian or Black Non- Hispanic Non- Native or Pacific Hispanic Hispanic American Islander Indian Contracts Dollar Amount 12,020 0 0 0 0 12,020 Number 1 0 0 0 0 1 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Male Business Enterprise s Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8-Minority Business and Women Business Enterprises Minority Owners of Rental Property- Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Alaskan Asian or Black Non- Hispanic Hispanic Native or Pacific Hispanic American Islander Indian Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9-Minority Owners of Rental Property Relocation and Real Property Acquisition- Indicate the number of persons displaced,the cost of relocation payments,the number of parcels ac uired,and the cost of acquisition Parcels Acquired 0 0 CAPER 11 OMB Control No:2506-0117(exp.09/30/2021) Page 34 of 547 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated,not Displaced 0 0 Households Total Minority ProperPropertV Enter rises White Non- Displaced Alaskan Asian or Black Non- Hispanic Hispanic Native or Pacific Hispanic American Islander Indian Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10-Relocation and Real Property Acquisition CAPER 12 OMB Control No:2506-0117(exp.09/30/2021) Page 35 of 547 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing,including the number and types of families served,the number of extremely low-income,low-income,moderate-income,and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 1,550 412 Number of Non-Homeless households to be provided affordable housing units 2,689 4,835 Number of Special-Needs households to be provided affordable housing units 0 0 Total 4,239 5,247 Table 11-Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 20 0 Number of households supported through The Production of New Units 2 1 Number of households supported through Rehab of Existing Units 81 35 Number of households supported through Acquisition of Existing Units 0 0 Total 103 36 Table 12-Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The COVID-19 pandemic caused a shortfall in the amount of assistance provided to individuals and families. Operation Threshold received funding to provide Security Deposit Assistance to Waterloo residents.The program has been placed on a brief hold as Operation Threshold needed all available resources to provide emergency rent and utility assistance to individuals and families impacted by COVID-19 hardship.The Security Deposit Assistance Program will resume in the spring of 2021. The production of new construction units was also impacted. Habitat for Humanity was forced to downsize work crews on new construction projects due to social distancing requirements. During CAPER 13 OMB Control No:2506-0117(exp.09/30/2021) Page 36 of 547 the pandemic Habitat for Humanity has also seen a decrease in the number of individuals willing to volunteer on contruction projects. Rehabillitation of existing units was also impacted by the COVID- 19 pandemic. Units were delayed when households tested postivie for COVID-19. Contractors have been impacted with long material delays causing a decrease in the number of units completed. Discuss how these outcomes will impact future annual action plans. The decrease in assistance provided due to the pandemic is having an impact on future Annual Action Plans.We will be implementing a new rental rehabilitaiton loan program to increase the number of units rehabilitated.We will be utilizing additional subrecipients for emergency repair and housing rehabilitation programs to meet Con Plan goals.The COVID-19 pandemic has also shifted the focus to senior rehabilitaiton. By providing seniors with rehabilitation services such as chair lifts,ramps,grab bars,handrails etc.we are able to keep seniors in their homes preventing them from the COVID-19 exposures of nursing and care facilities. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 442 0 Low-income 25 0 Moderate-income 16 0 Total 483 0 Table 13-Number of Households Served Narrative Information The COVID-19 pandemic has been a barrier to assisting low-moderate income individuals.The City of Waterloo fell short of the planned goal outcomes.The city will be making adjustments and adapting to the changing environment to safely and effectively meet the needs of the community. Affordable housing remains the top priority in the City of Waterloo.We currently partner with Black Hawk County Health Department to conduct initial inspections and assessments. In addition, Black Hawk County Health is providing health screenings to households receiving asssitance to ensure work continues on the affordable housing projects. Future Annual Action Plans will be impacted as the needs of the community change.CDBG and HOME programs will adjust funding levels in future years to meet those changing needs. CAPER 14 OMB Control No:2506-0117(exp.09/30/2021) Page 37 of 547 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The Salvation Army is our main provider of homeless outreach and shelter-based outreach to presons experiencing homelessness.The Salvation Army surrently uses the Homeless Management Information System (HMIS) to track,record and store characteristics and service needs of homeless individuals. Community Development staff receives information regarding the CoC weekly placement meeting held every Tuesday.Agencies discuss the Iowa Coordinated Services Newtwork Homeless Prioritization List to determine a coordinated effort to assist homeless individuals in the region.The Community Development staff also attends the Black Hawk County Homeless Coordinating Board meetings to assess the needs of the community. Neighborhood Services also provides outreach to individuals putting them in touch with emergency services such as food, shelter and couseling. Addressing the emergency shelter and transitional housing needs of homeless persons The Salvation Army has been impacted by COVID-19 due to multiple shelter closures in the city.The Knebel Junkman shelter was forced to close it's doors in March due to the inablity to social distance its current residents.The Continium of Care (CoC) has reached out to intake the individuals impacted by the closure. Most of the individuals were filtered to The Salvation Army shelters. Funding was provided to the Salvation Army to provide shelter and services to homeless individuals. Operation Threshold will resume their Security Deposit Program assisting individuals in need of security deposits to secure decent and safe housing in the city. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Emergency Repair Program helps low income individuals prevent homelessness by providing necessary repairs to homes in need of rehabilitaiton.The Emergency Repair Program is used to sustain the affordable housing stock in the city.The emergency repair program provides homeowners with smaller scale rehabilitation in emergency situations that affect the health and CAPER 15 OMB Control No:2506-0117(exp.09/30/2021) Page 38 of 547 safety of the individuals residing in the home. Emergency repairs can includeroofing repairs or replacement,furnace repairs or replacement,sewer and water line repairs.These repairs are necessary for homeowners that may not be able to afford the costyly repairs and prevents them from becoming homeless. Iowa Legal Aid was funded to assist low-moderate income households with legal advise and asssitance for housing issues such as eviction,maintenance issues and housing disagreements that often lead to homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The Salvation Army is our best resource for addressing chronically homeless individuals and families.The Salvation Army currently provides a number of sounseling services for mental health, domestic abuse and addiction counseling.Through the use of the HMIS system individuals and services are tracked so chronic homelessness can be addresses.The Salvation Army provides outreach for job training,housing and transportation needs. CAPER 16 OMB Control No:2506-0117(exp.09/30/2021) Page 39 of 547 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The Waterloo Housing Authority operates a 50 apartment facility for elderly and disabled income eligible tenants.The City uses the Capital Funds Program as well as Operating Revenue Reserves to make improvements to our public housing site-Ridgeway Towers. In fiscal year 2019,the Waterloo Housing Authority completed an extensive roof repair. Covid-19 measures were also put into place to promote social distancing in the common areas. The Waterloo Housing Authority is currently authorized 1056 vouchers and 19 VASH vouchers for a total of 1076 vouchers. 75% of the families served by Section 8 must be very low income to be admitted to the program. There is still a great need for public housing assistance, demonstrated by its one to one and a half year waiting list with 958 people waiting for assisstance. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The Waterloo Housing Authority administers homebuyer education and "money smart"classes in efforts to increase homeownership opportunities for non-traditional first time home buyers.The homebuyer courses are offered to low-income families who are interested in buying a home. Topics covered in the course include money mangement,understanding credit,affordability, mortgage and home search and the home buying process.The Money Smart classes are led by local experts from banks,credit unions,and financial management agencies.The class teaches personal fiannce skills and best practices.The Waterloo Housing Authority connects voucher holders interested in homeownership with programs to help them achieve their goals.This service has opened the door to homeownership for low-income households. Greater access to homebuyer education,credit counseling,and available grants and tax credits is made available to a segment of the population that is often overlooked in traditional housing markets. The Section 8 Home Ownership Program permits eligible participants in the Section 8 Housing Choice Voucher Program,including participants with portable vouchers,the option of purchasing a home with the Section 8 assistance rather than renting.The home ownership option is limited to three percent(3%) of the Total Section 8 voucher program budgeted by the PHA in any fiscal year, excluding disabled and elderly families.The program is available to current participants who have completed an initial Section 8 lease term consisting of 12 months; do not owe monies to the City of Waterloo Housing Authority or any other Housing Authority for any outstanding debt,and who meet the eligibility criteria.Additionally,participants who are in violation of their family obligations while receiving Section 8 assistance shall be ineligible for participation in the Section 8 Home Ownership Program. CAPER 17 OMB Control No:2506-0117(exp.09/30/2021) Page 40 of 547 Actions taken to provide assistance to troubled PHAs The Waterloo Housing Authority is currently designated a high performer through the annual Section Eight Management Assessment Program (SEMAP).SEMAP measures the performance of the public housing agencies that administer the Housing Choice Voucher Program in 14 key areas CAPER 18 OMB Control No:2506-0117(exp.09/30/2021) Page 41 of 547 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Waterloo continues to provide tax abatement for any property improvements in the Consolidated Urban Revitalization Area (CURA).The CURA provides incentives for existing neighborhood investment and redevelopment.The CURA is eligible for residential, commercial,and industrial on the inner portions of the community. It helps create potential redevelopment opportunities for all types of development.The City's continued use of 657A is used to eliminate blight which becomes an important factor in the revitalization,growth,and the re-creation of parts of Waterloo. Other tax credits for homeowners include low-income credits,veteran's credit,and a homestead credit to help keep housing affordable. Community Development files and pays all fees, permits,and other charges related to its housing projects. Public policies can also have negative effects on the community. For example,low-income homeowners are faced with emergency burdens such as water or sewer main breaks unexpectedly. If the homeowner is unable to get the main break mixed in a timely manner the city will get the work completed and assess the homeowner's taxes.Currently this is the same with sidewalk repairs and other imminent repairs.This type of assessment causes a burden on low- income homeowners.The assessment payment must be paid in addition to the property tax or the property will be sold at a tax sale. If the homeowner is unable to redeem the home the homeowner could be faced with losing their home due to such assessments. Our Emergency Repair Program plays a vital role in preventing homelessness for this very reason.We are able to get the repairs made for the homeowners as a grant or a loan with no tax assessment. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In efforts to remove barriers and increase homeownership,the City of Waterloo implemented a Homebuyer Assistance Program that provides low-moderate income first time homebuyers down payment assistance. Homebuyer education courses and "Money Smart"financial litteracy courses have been implemented by the Waterloo Housing Authority in effort to educate potential homebuyers. The City of Waterloo has also engaged in the Central City Live Learn Initiative.The Initiative is focused on revialaizing downtown neighborhoods through improved housing conditions and increased access to job opportunities within the neighborhoods. Language and cultural barriers is also an obstacle to meeting the underserved needs of the community. Community Development provides interpretation services for Hispanic clients through CAPER 19 OMB Control No:2506-0117(exp.09/30/2021) Page 42 of 547 a partnership with the YWCA. In addition, interpretation for services for languages not available from that source is available on a needs basis though the University of Northern Iowa's Language and International Studies Program. In addition, Neighborhood Services disseminates information via local networks that assists clientele in area that may not have access to traditional modes of information like internet,newspapers,TVs or contain language and cultural barriers. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City of Waterloo received a Lead Hazard Control Grant in the amount of$2.9 million dollars to be used over a three-year time span.The funds will be used to provide interim controls and lead abatement activities to 120 homes in Waterloo.The funds will be paired with CDBG funds to provide income eligible owner occupied unit's rehabilitation services along with the interim control and lead abatement services. CDBG is also used for match funding for the Lead Hazard Control Grant. Rental units with tenants that meet the income eligibility requirements may also receive the lead services.The City has partnered with The Black Hawk County Health Department for LIRA and Healthy Homes Assessments and well as Lead Dust Clearance testing.The county is also providing the blood lead level testing for children participating in the program. Lead Safe Practices are used on every rehabilitation project regardless of the funding source. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Waterloo has a number of action agencies that help reduce the number of poverty families in the community.There are a number of foundations along with Community Development that provide funding to the agencies. Operation Threshold provides services such as housing, energy assistance and WIC. Department of Human Services provides childcare assistance and food assistance to help families become self-sufficient. The Waterloo Housing Authority has been providing case management services to Section 8 assisted families since 1992. Families use the Family Self-Sufficiency(FSS) program to meet goals on a personal action plan developed by the case manager and the client to become economically self-sufficient within five years. Neighborhood Services meets with a team of leaders from the Cedar Valley to address underemployment in Waterloo.The committee is looking at job programs that will not only provide employment but job training skills to disadvantaged populations. Actions taken to develop institutional structure. 91.220(k); 91.320(j) Waterloo Community Development participates in a number of efforts to coordinate housing and services. For example Community Development staff participates in the City Central Live Learn CAPER 20 OMB Control No:2506-0117(exp.09/30/2021) Page 43 of 547 Initiative.The goals of the initiative are to increase public improvements to streetscapes,clean up blighted and vacant homes,add new homes to the tax role,build skilled career training to help fill a shortgae of trained construction laborers and improve housing options in diverse neighborhoods close to downtown. The Waterloo Community Development Board holds monthly meeting to discuss and approve plans,projects and services provided.The board reviews policies and procedures to make updates to outdates policies as needed.The board discusses rehabilitation contracts for approval. The City of Waterloo along with the City of Cedar Falls participate in a HOME Investement Partnerhsip Consortium which allows both cities to receive funding that would not otherwise be available to each grantee on an individual basis. HOME funds can be used on a variety of housing activities including tenant based rental assistance,housing rehabilitation,asssitance to homebuyers and new construction housing. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) Waterloo Community Development is involved with a number of committees and foundations that come together to provide funding for services in the community. By uniting the services partnerships are made between the public and private housing and social service agencies. Waterloo Community Development provided funding to the following housing and social service agencies: • Operation Threshold- Funds were provided to assist families in need of securing housing with security deposit asssitance. • Iowa Legal Aid- Funds were provided to assist low-moderate income individuals and families needing assistance with housing related legal issues such as eviction and forclosure. • Iowa Heartland Habitat for Humanity- Funds were provided to assist with the housing preservation projects in the Walnut Neighborhood. • Operation Threshold- Funds were provided to assist individuals with rehabilitation issues that would otherwise disqualify the household from receiving weatherization services. • The Salvation Army- Funds were provided for emergency overnight shelter services. • Northeast Iowa Food Bank- Funds were provided to assist household who were food insecure. All the agencies work in acoordiated effort to provide low-icome household with with goods and services. Meeting are held through out the year to coordate efforts amonst the housing service providers.A weekly PULL meeting is also held to discuss homelessness on a regional bases. Each agency works as a referal service to guide individuals to necessary services.Waterloo Community Development also participates in a monthly meeting with the Black Hawk County Health Department to discuss the Lead Hazard Control Program,and community outreach. CAPER 21 OMB Control No:2506-0117(exp.09/30/2021) Page 44 of 547 Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) • All CDBG and HOME programs help to address the growing mismatch between real income and housing cost(Impediment 2-I2). • The City continues to provide tax abatement to keep housing affordable in the CURA and allow homeowners to make needed home improvements (A3). • Staff has developed a comprehensive strategy to meet the market needs of the Limited English Proficiency(LEP) population (Al). • The Waterloo Police Department has a list of translators for various languages,and we have a working relationship with the Waterloo Schools since they have numerous interpreters on staff.The YWCA has a multi-lingual staff member who will provide one-on-one housing counseling for non-English speakers. • The Planning and Zoning Department implemented the GROW Committee comprised of developers,bankers,realtors, Community Development and Planning and Zoning staff that meet to discuss and resolve housing issues. (Al). CAPER 22 OMB Control No:2506-0117(exp.09/30/2021) Page 45 of 547 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements Community Development provides a training session at the start of each program year requiring andatory attendance by all sub recipients. During this training,an overview is provided on the federal requirements,income guidelines, and general information. Each agency is encouraged to "ask before doing"if they are not familiar with federal guidelines.We also incorporated the Outcome Performance Measurement component during this training to help us comply with HUD's desire to better measure the impact of our programs.An on-site monitoring visit is completed with each sub recipient during the program year to ensure continued compliance. However,due to the COVID-19 pandemic all onsite monitoring visits have been delayed.Waterloo Community Development is conducting desk monitoring of subrecipients. During the monotring process,the project progress, financial information and project files are reviewed to ensure compliance with Federal program regulations.The review also includes verification of marketing materials, income verification of applicants,insurance and audit materials,and other applicable materials to ensure continued compliance. Community Development also conducts an inspection of units for applicable rental programs to ensure that housing quality standards are met.The Housing Quality Standards inspection requirement is completed for the necessary number of units for each property with appropriate notice provided to the resident.When appropriate,efforts between the state and city are combined so inspections are not duplicated.Any identified deficiencies are shared with the sub recipient in a letter and the sub recipient is then required to demonstrate compliance.A follow-up letter is sent to the agency once they are in compliance for their records which includes information on confirmation of the measures they undertook to come into compliance. During FY19 our normal spring monitoring HQS and monitoring visits have been delayed due to the pandemic. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Public Hearings are held throughout the program year to provide citizens a chance to comment on projects. Various projects provide a short survey for participants to fill out. We use these surveys and comments to improve individual projects. The draft CAPER, One-Year Action Plan and 5-Year Consolidated Plan are made available for public review and comment at the Waterloo Community Development Office,the City Clerk's office,and the Waterloo Public Library as well as on the City's website. Notices for the reviews and comment periods are published in the Waterloo/Cedar CAPER 23 OMB Control No:2506-0117(exp.09/30/2021) Page 46 of 547 Falls Courier. In an effort to utilize social media and engage a segment of the public not typically reached through traditional means (e.g.newspaper,print), Community Development also has established a Facebook Page. There is also an option to email comments through the City's website. The Waterloo Community Development Facebook page has had the added benefit of embedding Community Develpment within an online social service community. CAPER 24 OMB Control No:2506-0117(exp.09/30/2021) Page 47 of 547 CR-45 - CDBG 91.520(c) Specify the nature of,and reasons for,any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. During the past year we have made policy changes to adjust to the changing programs and community needs; however our objectives have not changed. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No CAPER 25 OMB Control No:2506-0117(exp.09/30/2021) Page 48 of 547 CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics CAPER 26 OMB Control No:2506-0117(exp.09/30/2021) Page 49 of 547 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of$86,355.05 in conjunction with the FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Final Quantity Midwest Concrete Backup Material Motion approving Final Quantity Summary for a net decrease of$86,355.05 SUBJECT: in conjunction with the FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a decrease to the total project cost. Source of Funds: Property Owner Assessments Page 50 of 547 CITY OF WATERLOO, IOWA FINAL. QUANTITY ADJUSTMENT PROJECT: F.Y. 2021 SIDEWALK REPAIR ASSESSMENT PROGRAM --ZONE 10 CONTRACT NO. 1018 Date Prepared: January 15,2021 AMOUNT: $86,355.05 DECREASE TO., MIDWEST CONCRETE, INC. Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated October 5, 2020. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As-built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items. See attached summary TOTAL DECREASE $88,355.05 BY: MIDWES ONCRETE INC. Mayor Date CO O ti B Date ATTEST: TITLE: $ City Clerk Date APPROVED: :s a itgyEln g Date Final Qty.Adj. Contract No. 1018 Sheet 1 of 2 Page 51 of 547 F.Y.2021 SIDEWALK REPAIR ASSESSMENT PROGRAM-ZONE 10 FINAL CONTRACT NO.1018 PERIOD: BASE CONSTRUCTION ITEMS ORIGINAL CONTRACTOR HID ITEM DESCRIPTION UNIT BID FINAL QUANTITY CONTRACTOR UNIT PRICE INCREASE I ITEM QUANTITY QUANTITY DIFFERENCE UNIT PRICE EXTENDED DECREASE 1 RFMIREP SIDEWALK 4",PCC SF 28,364.8 21,906,4 (6,459,4) $ 8,50 $ 186,204.40 $ 54,896.40 2 REM/REP SIDEWALK5 PCC SF 1,667.5 2,736.2 1,D68.7 $ 9.00 $ 24,625.80 $ 9,618.30 3 REM/REP SIDEWALK 6",PCC SF 6,674.5 4,534.5 (2,140.0) $ 10.00 $ 45,345.00 $ 21,400.00) 4 REM/REP CLASS"W'SIDEWALK SF 7,256.9 5,426.8 (1,830,1) $ 8.50 $ 46,127.80 $ (15,555,85) 5 PATCH EA 1 6.0 9.0 3.01$ 20.00 $ 180.00 $ 60,00 6 CLEAN SIDEWALK EA 91.0 71.0 (20.0)1$ 50.00 $ 3,550.00 $ 1,000.00 7 WATER VALVE ADJUSTMENT EA 8.0 8.0 - $ 100.00 $ 800.00 $ 8 WATER VALVE CAP EA 4.0 3.0 (1.0) $ 50.00 $ 150.00 $ (5400) 9 VAULT TOP REPAIR SF 284.2 3.5 (280.7) $ 10.00 $ 35.00 $ (2,807.00) 10 DETECTABLE WARNING SURFACE SF 22.0 24.0 2.0 $ 40.00 $ 960.00 $ 80.00 11 SAW CUT LF 38.6 14.4 24.2 $ 1.00 $ 14.40 $ 24.20 12 CURB&GUTTER REPAIR LF 37.0 37.1 0.1 $ 40.00 $ 1,484.00 $ 4.00 13REMIREP 6"PCC WICURB SF 54.5 57.8 3.3 $ 20.00 $ 1,156.00 $ 65.00 14 JOINT SEAL LF19.5) $ 1.00 $ - $ (19.50) 15 TRIM TREEISHRUBS EACH 1 44.0 1 12.0 (32.0)1$ 50.00 $ 600.00 $ (1,600.00) BASE CONSTRUCTION TOTAL $ 311,232.40 $ (87,524.65) CHANGE ORDER ITEMS ORIGINAL CONTRACTOR BID ITEM DESCRIPTION UNIT BID FINAL QUANTITY CONTRACTOR UNIT PRICE INCREASE/ ITEM QUANTITY QUANTITY DIFFERENCE UNIT PRICE EXTENDED DECREASE 1001 314"ROADSTONE TON 15.0 35.6 20.6 $ 30.00 $ 1,D68,00 $ 618.00 1002 MANHOLE ADJUSTMENT,MINOR EA 1.0 2.0 1.0 $ 500.00 $ 1,000.00 $ 500.00 REMOVE SIDEWALK,BACKFILL WITH 1003 TOPSOIL,GRADE,AND SEED SF 395,6 395.6 $ 6.00 $ 2,373.60 $ - 2001 1 VAULT TOP REPAIR-TEMPORARY LS 1.0 1.0 $ 1,000.00 $ 1,000.00 $ 2002 TREE GRATE ADJUSTMENT LS LO 1.0 $ 1,700.00 $ 1,700.00 $ 3001 REMOVE PCG SIDEWALK SF 1 250.0 1 262.9 1 12.9 $ 4.00 $ 1,051.60 $ 51.60 CHANGE ORDER ITEMS TOTAL $ 8,193.20 $ 1,169.60 CONSTRUCTION ITEMS TOTAL $ 319,425.60 $ (86,355.05) PAYMENTS AMOUNT PAY ESTIMATE#1 $ 105,952.88 PAY ESTIMATE#2 $ 83,804.87 PAY ESTIMATE 43 $ 114,745.99 PAY ESTIMATE#4 $ 453.86 RETAINAGE $ 14,468.06 TOTAL PAYMENTS $ 319,425.60 CHANGE ORDERS AMOUNT CHANGE ORDER#1 $ 3,323.60 CHANGE ORDER#2 $ 2,700.00 CHANGE ORDER#3 $ 1,000.00 CHANGE ORDER TOTAL $ 7,023.60 ORIGINAL CONTRACT AMOUNT $ 398,757.05 CHANGE ORDER TOTAL $ 7,023.60 REVISED CONTRACT AMOUNT $ 405,780.65 FINAL QUANTITY SUMMARY $ (86,355.05) FINAL CONTRACT AMOUNT $ 319,425.60 FINAL QUANTITY ADJUSTMENT CONTRACT 41018 SHEET 2 OF 2 Page 52 of 547 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Midwest Concrete, Inc., of Peosta, Iowa, at a total cost of$319,425.60, in conjunction with the FY 2021 Sidewalk Repair Assessment Program-Zone 10, Contract No. 1018, and receive and file a two-year maintenance bond. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Bond. Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Midwest Concrete, Inc., of SUBJECT: Peosta. Iowa, at a total cost of$319,425.60, in conjunction with the FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Midwest Concrete, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: Property Owner Assessments Page 53 of 547 Bond#2446416 -� 1t.- Document A313- - 2020 Warranty Bond CONTRACTORIPRINCIPAL: SURETY: (Name, legal status, and address) (Name, legal status, and address) Midwest Concrete,Inc. 9835 Cottingham Rd. West Bend Mutual Insurance Company ADDITIONS AND DELETIONS: Middleton,W 5 Peosta,IA 52068 PO Box ,WI 53562 The author of this document has M OWNER/OBLIGEE: added information needed for its (Name, legal status, and address) completion.The author may also City of Waterloo, Iowa have revised the text of the original 715 Mulberry Street AIA standard form.An Additions and Waterloo,IA 50703 Deletions Report that notes added CONSTRUCTION CONTRACT information as well as revisions to the standard form text is available from Date:10/05/2020 the author and should be reviewed.A Description: vertical line in the left margin of this (Name and location) document indicates where the author F.Y.2021 SIDEWALK REPAIR ASSESSMENT PROGRAM-ZONE 10, CITY OF WATERLOO,IOWA,CONTRACT NO.1018 has added necessary information and where the author has added to or BOND deleted from the original AIA text. Term of the Bond The Term of this Bond commences on the date of final completion under This document has important legal the Construction Contract and continues for a period of 2 years,unless consequences.Consultation with an otherwise specified below,notwithstanding a longer warranty period set attorney is encouraged with respect forth in the Construction Contract. to its completion or modification. Any singular reference to Contractor, Amount ofthis Bond:$319,425.60 Surety,Owner or other party shall be Modifications to this Bond: FX_X___1 None See Section 16 considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea Midwest Concrete,Inc. West Bend Mu ipany Signature: Signature: I Name and Ryof Coates Name and Ni ole Hermsen Title:Owner Title: Attorney-In-Fact (Any additional signatures appear on the last page of this Warranty Bond.) (FOR INFORMATION ONLY—Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, or other party;) Init. AIA Document A313- -2020.Copyright©2020 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 10:39:14 ET on 01/27/2021 under Order No.1487690772 which expires on 02./20/2021,is not for resale,is licensed for one-time use only,and may only be used in / accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1733772614) Page 54 of 547 § 1 During the Term of the Bond,the Contractor and Surety,jointly and severally,bind themselves,their heirs, executors,administrators,successors and assigns to the Owner for the Contractor's warranty obligations set forth in the Construction Contract,which is incorporated herein by reference. § 2 If the Contractor satisfies its warranty obligations under the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond.It is understood and agreed that in no event shall the Surety's obligations under this Bond extend to warranties provided by the Contractor's suppliers and manufacturers. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after: .1 the Owner first provides notice to the Contractor and the Surety during the Term of the Bond of the Owner's intent to declare a Contractor Default; .2 the Contractor fails to remedy the Contractor Default within a reasonable amount of time of such notice;and, 3 - the Owner declares a Contractor Default and notifies the Surety. a, § 4 Failure on the part of.the Owner to comply with the notice requirement in Section 3 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the :;extent the Suretydemonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly,under reservation of rights, and at the Surety's expense,remedy the Contractor's Default.The Surety may,with the consent of the Owner,arrange for the Contractor to remedy the Contractor's Default. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. § 7 The responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.The Surety is obligated,without modification or qualification,for the responsibilities of the Contractor for correction of defective work as set forth in the Construction Contract,and additional legal and design professional costs resulting from the Contractor's Default or resulting from the actions or failure to act of the 'Surety under Section 5. § 8 The Owner may request an extension of the Term of this Bond.The Surety,at its sole option,may extend the Term of this Bond by continuation certificate or rider setting forth the new expiration date. .1 If the Surety extends the Term of this Bond,the Bond shall be considered one continuous bond. .2 If the Surety decides not to extend the Term of this Bond,then the Surety shall notify the Owner in writing thirty(30)days prior to the end of the current term of this Bond at the address indicated on page 1. .3 Neither the Surety's failure to extend the Term of this Bond nor the Contractor's failure to provide a replacement bond or other acceptable security shall be considered a breach or default by the Surety or Contractor on this Bond,nor serve as a basis for a claim or demand on this Bond. § 9 The Surety's total liability under this Bond is limited to the Amount of this Bond indicated on Page 1,regardless of whether the Term of this Bond is extended,the length of time this Bond remains in force,and the number of premiums that shall be payable or paid. §.10 No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors, administrators,successors and assigns. § 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work of the Contractor required by the Construction Contract is located and shall be instituted within two years after a declaration of Contractor Default.If the provisions of this Paragraph are void or Init. AIA Document A313" -2020.Copyright©2020 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"'AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 10:39:14 2 ET on 01/27/2021 under Order No.1487690772 which expires on 02/20/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1733772614) Page 55 of 547 prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety,the Owner or the Contractor shall be in writing and mailed or delivered to the address shown on the first page of this Bond. 13Provisions in this Bond that conflict with applicable statutory or other legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. 14 Definitions 14.1 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.2 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with the warranties required under the Construction Contract. § 14.3 Owner Default.Failure of the Owner,which has not been remedied or waived,to perform or otherwise comply with the other material terms of the Construction Contract. §14.4 Contract Documents.All the documents that comprise the Construction Contract. § 14.5 Surety.The company or companies lawfully authorized to issue surety bonds in the jurisdiction where the project is located. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this Bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR ASPRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) 'Signature: XXX Signature: XXX Name and Title: Name and Title: Address: XXX Address: XXX Init. AIA Document A313' -2020.Copyright©2020 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 10:39:14 3 ET on 01/27/2021 under Order No.1487690772 which expires on 02120/2021,is not for resale,is licensed for one-time use only,and may only be used in 1 accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1733772614) Page 56 of 547 WEST BEND THE SILVER LINING' A MUTUAL INSURANCE COMPANY' Bond No. 2446416 POWER OF ATTORNEY Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the City of West Bend,Wisconsin does make,constitute and appoint: Nicole Hermsen lawful Attomey(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Ten Million Dollars($10,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21S1 day of December, 1999, Appointment of Attorney-In-Fact The president or any vice president,or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal maybe affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certlficate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 22nd day of Se tember,2017. Attest ('t1111�{_�-_ C• A)�: .;�iSt`�.�`•.,�'''• Christopher C.Z Bart r0�o 'l Kevin A.Steiner Secretary ','" SE`�'a' Chief Executive Officer/President ��'- State of Wisconsin County of Washington On the 22nd day of September,2017,before me personally came Kevin A.Steiner,to me known being by duly swom,did depose and say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. "B WtVe f o7An .� N _ r` Juli A nedurn %,P,:,pueuc Senior'Corporate Attorney '`.•.•••..o�``' Notary Public Washington Co.,Wl .,OF w15r,. My Commission is Permanent The undersigned,duly elected to the office stated below,now the incumbent in West Bend Mutual Insurance Company,a Wisconsin corporation authorized to make this certificate,Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. Signed and sealed at West Bend,Wisconsin this 5th date of October 2020 i �as2rcsrrAti r. EAL � • lzeaiher Dunn Vice President—Chief Financial Officer Notice: Any questions concerning this Power of Attomey may be directed to the Bond Manager at NSI,a division of West Bend Mutual Insurance Company. 1900 S.181h Ave. West Bend,WT 53095 1 ph(262)334-6430 I 1-800-236-5004 1 fax(262)338-5058 1 www.thesilverlining.com Page 57 of 547 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for Vieth Construction Corporation, for a net decrease of $10,947.50, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/14/2021 ATTACHMENTS: Description Type ❑ Cont 1026_Final Qty Summary Backup Material Motion approving Final Quantity Summary for Vieth Construction Corporation, for a net decrease of$10,947.50, in conjunction with the FY SUBJECT: 2021 Lowell Elementary Sanitany Sewer Reconstruction Project, Contract No. 1026, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Source of Funds: Sanitary Sewer funds Page 58 of 547 CITY OF WATERLOO IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2021 LOWELL ELEMENTARY SANITARY SEWER RECONSTRUCTION CONTRACT NO. 1026 Date Prepared: November 12, 2020 AMOUNT: 110,947.50 DECREASE TO: VIETH CONSTRUCTION CORPORATION , Contractor You are hereby ordered to perform the following extra work on your contract dated July 27, 2020. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. S. Reason for ordering extra work: As-built quantities varied for some bid items. C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL DECREASE $10,947.50 BY: VIETH CONSTRUCTION CORPORATION Mayor Date CONTRACTOR BY: �'` /—/Z/ 2_/1__ ate ATTEST: X45' TITLE: City Clerk Date �jyPR VED: Engineer Date Final Qty. Adj. Cont# 1026 Sheet 1 of 2 Page 59 of 547 FY2021 LOWELL ELEMENTARY SANITARY SEWER RECONSTRUCTION FINAL CONTRACT NO.1026 ITEM ORIGINAL FINAL QUANTITY c VCC VCC INCREASE/ NO ITEM DESCRIPTION UNITS BID QTY. QUANTITY ,.:DIFFERENCE:. UNIT PRICE ITEM PRICE DJ°GREASE....:. 1 M081kJZATION LS 1,0 1.0 6,500.00 $ 6,500.00 $ 2 TflP501L CY 618.3 300.07!U3..::. $ 6.00 $ 3,709.80 $ (1,909.60 3 H4C-XCELA`:5-10 C4 4-2" .2@ 6 $ $ $ 4 SUBBASE;-G- -`FB 5 SU"ADE-PREPARATIO4 SY X2:8 6 PAVEMENT REMOVAL SY 385.6 332.0 5316 '.: $ 7,00 $ 2,699.20 7 SIDEWALK,PCC,6" SY 29.6 17.4 12 $ 70,00 $ 2,072.00 $ (854:00} 8 SANITARY SEWER,TRENCHED,24 IN.A2000 LF 467.0 479.0 1110 $ 120.00 $ 56,040.00 $ :132011: 9 TEMPORARY TRAFFIC CONTROL LS 1.0 110 00 ! $ 700.00 $ 700.00 $ 10 SEEDING,FERTILIZING,&MULCHING ACRE 0,67 0.0 O;fi7. $ 7,300.00 S 4,891.00 $ (41891,00) 11 SWPPP MANAGEMENT LS 1.0 1.0 0F4 '! 5 500.00 S 500.00 $ 12 SILTFENCE-INSTALL LF 725.0 0.0 7 ' Y:'t $ 2.50 $ 1,812.50 $ 1812:90} 13 SILT FENCE MAI N€AIN LF 725.0 0.0 7Z5ff l $ 0.50 $ 362.50 $ f362.SQ) 14 SILTFENCE-REMOVE LF 725.0 0.0 715';0 $ 0,50 $ 362.50 $ (362.501 15 REMOVE STORM SEWER STRUCTUREEACH 1.0 1.0 75U $ 425.00 $ 425.00 $ 16 REMOVE STORM SEWER PIPE LF 43,0 43,0 Dal $ 15.00 $ 645,00 17 REMOVE LIGHT POLE BASES EACH 4,0 0.0 A`0 $ 425,00 $ 1,700.00 $ (1,704:00) 18 REMOVE TRAFFIC SIGN&POSTS EACH 2.0 2.0 IO $ 35.00 $ 70,00 $ ORIGINAL CONTRACT BIO ITEMS TOTALS $ 82,489,50 $ 10,947:50) CHANGE ORDER ITEMS 10011 COMPENSATION FOR ROCK EXCAVATION CY 1 322.0 1 322.0 0 'j $ 50.00 $ 16,100.00 $ CHANGE ORDER ITEMS TOTALS $ 16,100,00 $ TOTAL CONTRACT BID ITEM TOTALS $ 98,589.50 1 TOTAL PAY ESTIMATE 01 $ 51,683.80 PAY ESTIMATE 42 i 30,276.50 PAY ESTIMATE#3 $ 1,299.60 RETAINAGE $ 4,382.10 TOTAL PAYMENTS $ 87,642.00 GRANGE ORDER#1 $ 16,100.00 CHANGE ORDER TOTAL $ 16,100.00 ORIGINAL CONTRACT AMOUNT $ 82,489.50 CHANGE ORDER TOTAL $ 16,100.00 REVISED CONTRACT AMOUNT $ 98.589.50 FINAL QUANTITY SUMMARY $ (10,947.50) FINAL CONTRACT AMOUNT $ 87,642.00 #1026 FINAL QTY.ADJUSTMENT SHEET 2 OF 2 Page 60 of 547 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of$87,642, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and receive and file a two-year maintenance bond. City Council Meeting:2/1/2021 Prepared: 1/14/2021 ATTACHMENTS: Description Type ❑ Cont 1026_Maintcnance Bond Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction SUBJECT: Corporation, of Cedar Falls. Iowa, in the amount of$87,642, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Vieth Construction Corporation has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: Sanitary Sewer funds Page 61 of 547 MAINTENANCE BONO Band No. 2306990 KNOW ALL,MEN BY rHESE PRE-SBNTS:. That, Vieth Construction Corporation of Cedar Falls, Iowa as Principal,and the Drib American Specialty Insurance Company as Surety, are held and firmly bound unm City of Waterloo, Iowa in the penal sum of Eighty-seven Thousand Six Hundred Forty-two And Noll 00 {$ $87,642.00 } Dollars,lawful money of the United States of America,for the payment of which,well and truly to be.matte, rho Principal and Surety bifid thomscives,their and each of their heirs,executors,administrators, Successors and assigns,jointly and sevorally,firmly by those prosants, Whereas,the said Principal entered into a certain contract.with City of Waterloo, Iowa To furnish all the material and labor necessary for the construafaon of FY 2021 Lowell Elementary Sanitary Sewer Reconstruction,Contract 1026,Waterloo,IA in Waterloo, Iowa In conformity with certain specifications;and Whereas,a furtber condition of said contract is that the said Principal should furnish a bond in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two(2) years from the date of acceptance of the work under said conuitw;and Whereas,the said North American Specialty Insurance Company for a valuable consideration, has agreed to join with said Principal in such bond or guarantee,indernnif�ing said City of Waterloo, Iowa Now, therefore,the Condition of this obligation is such,that if the said Principal shall,m his own cast and expanse,remc4v any and all defects that may develop in Said work within the period of two(2) . years t'rum the date of acceptance of the work under said contract,by reason of bad workmanship or poor material used in the construction of said Work,and shall keep all*ork in continuous good repair during said period,and shall in all other respects,comply with all the terms And conditions of said contract with respect to=1mmnancn and repair of said work,then this obligation to be null and void;otherwise to be and remain in full force and virtue in law. In Witness whereof, we have horconto set out, hands and sesis this 6th day of January 12021 Vieth Construction Corporation Principal BY: North A rican 4ecialty surance mpany Surer / Y. Dione R.Young o ey-m a Page 62 of 547 i i i i SWISS RE CORPORATE SOLUTIONS NOR'T'H AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY'1111 SE PJ0iS)NTS,TI-IAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri and Washington International insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri,and Westport Insurance Corporation,organized raider the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri does hereby make,constitute and appoint: .TAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BARTENHAGEN,CINDY BENNETT,ANNE CROWNER TIM McCULLOH,STACY VENN,DIONE R.YOUNG,WENDY A.LEWIS,and STACIE CHRISTENSEN JOINTLY OR SEVERALLY Its trite and lawful Attorney(s)-in-Pact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adapted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on Match 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney names[ to the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." `��pnuwittlrufri 110NAt t �,��` yQ��pPS1G�� �i,? iiro �t' By � 1F fi 4 SEAL [serif 6�t Steven Anderson,Senior icePresidento a5 ington nternationp niurantC Company St:i1l T o: SEAL &Senior Vice President of North American Specialty insurance Company F f i tt�J]13 &Senior Vice President or westporl insurance Corporation _ /hrrb�H�it1i1{ti{{`" Mike A.Uo,Senior Vice President orwasliingion International Insurance Company &Seniar Vict President or North American Specialty Insurance Company &senior Vire President ar Westporl rnsnrance Corporation IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 3RD day of DECEMBER 20 20 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 3RD day of DECEMBER 20 20,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL {rg\ N.Kfi�N'l �..�'1 Not V'"ic.Stntc rttllitds 'i. CYC f�49041Esrsuce M.Kenny,Notary Public 1�1 S 1, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 6th day of January 2021 . 'A/ Jeffrey Jeffrey Goldberg,Vice President&Assistant Secretary or'fishington Imemationa1 lnsi??�prpa f it 7 North Anterican specialty insurance Company&Vice President&Assistant Secretary o€4V t �irnt rae, `+/ CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for Aspro, Inc., for a net decrease of$97,882.10, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/14/2021 ATTACHMENTS: Description Type ❑ Cont 993_Final Qty Summary Backup Material Motion approving Final Quantity Summary for Aspro. Inc., for a net SUBJECT: decrease of$97,882.10, in conjunction with the FY 2020 Street Reconstruction Program. Contract No. 993, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Page 64 of 547 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: F.Y. 2020 STREET RECONSTRUCTION PROGRAM CONTRACT NO, 993 Date Prepared,.,_January 12, 2021 ,AMOUNT: 197,882.10 DECREASE TO: ASPRO_INC. , Contractor You are hereby ordered to . perform the following extra work on your contract dated April 6 2020. A. Description of extra worts to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As-built quantities varied for some bid items C. Settlement for cost of extra work to be made as follows, Compensation already made to contractor through bid items. I Seep attached summary. i J TOTAL DECREASE $97,882.14 BY: ASPRO, INC. Mayor Date CONTRA TO ,4 Date ATTEST: �1, � TITLE; Y City Clerk Date APPROVED: 3 a/ ity Engineer at FINAL QTY. SUMMARY Cont #993 Sheet 1 of I Page 65 of 54 FY 2020 STREET RECONSTRUCTION PROGRAM CONTRACT NO.943 FINAL QUANTITY SUMMARY DIVISION I DESCRIPTION ASPRO PLAN TOTAL INCREASE/ INCREASE/ SID ITEM DECREASE DECREASE UNIT UNIT$ QrY QTY QTY AMOUNT DIVISION 2 - EARTHWORK 1 CLEARING AND GRUBB . 1__. 2 TOPSOIL,4 INCHES ON OR OFF SITE SY $10.30 7,112.0 5,27D.00 (1,842,00) ($18,972,60] 3 SUBGRADETREATMENT,WOVENGEOTEXTILEORGEOGRID SY $454 21,345.0 15716.40 [5,628.64) ($25,328.70} 4__ SUBBASE MODIFIED TON $26.25 17,944.0 19,137.43 1,193.48 $31,328.85 5 CLASS 10,SPECIAL SUBGRADE MATERIAL CY $50.00 450.0 0.00 (450.00) ($22,500.00) DIVISION I-SUBTOTAL BASE BID FARTHWORK ($35,472.45) DZVI5ION 4 - 86WERS AND DRAINS - SANITARY .6 SANITARY SEWER GRAVITY MAIN,TRENCHED,TRUSS,12 INCH Lr $140.00 161.00 174.00 13.00 1,820.00 ................._..,....._........-------._.....__.._...---- - 7 SANITARY SEWER GRAVITY MAIN,TRENCHED,TRUSS,10 INCH LF $90.00 1,071.00 1,073.10 2.10 $189.00 8 SANITARY SEWER GRAVITY MAIN,TRENCHED,TRUSS,8INCH IF $8890 1,228.001372.00 14400 $12,801.60 . .... ...._. . ._ . S SANITARY SEWER SERVICE STUR/HENEW,50R23,5,6INCH LF $7300 1,755.00 1752.50 (2.50) ($182.50) SO SANITARY SEWER ABANDONMENT,FILL AND PLUG,10 INCH LF $25,00 371,00 76.00 (301.00) {$7,525.001 11 I SANITARY SEWER ABANDONMENT,FILL AN D PLUG,8 1 NCH LF $28.00 120.00 182.00 62,00 $1,736.00 12SANITARY SEWER SERVICE,TRACE EACH $400.00 3.00 6.00 3.00 $1,200.00 13 SANITA RYSEWE RSERVI CE,DYE TEST INVEST€GATION EACH $150.00 10.00 11.00 1.00 $150.00 -- ------ -..__ ..............._ ._._....._.. .. 14 ISANITARYSFWER SERVICE,UNDERGROUND INVESTIGATION EACH $1,000.00 6.00 1.00 (5.00) ($5,000.00) 3001 SANITARYSEWERSERVICE-72 FRANKLINSTHEFT LS $19,300.00 1.00 1.00 0.00 $0.00 9001 STREET RESTORATION-72 FRANKLIN STREET LS $3,00000 1,00 1.01)1 0.00 $0.00 DIVISION 6 - STRUCTURES FOR SANITARY SEWERS 1...1,.,'..-.1.1........................_....._.,_.., 15 MANHOLE,SW-301,48" EACH $5,500.00 16.00 16.00 4.00 $0,00 16 REMOVE MANHOLE,SANITARY EACH $800.00 7.00 8.04 1.00 $800.00 17 REMOVE MANHOLE,TOP SECTIONS AND FILL BASE SECTION EACH i $3,500.00 2.00 ---2.00 0.00 18 FURNISHANDINSTALLSW-642 TYPEACASTING EACH $1,000.09 3.001 0,00 (3,00) ($3,000,00) CO#2-A INSTALL NEW CONE SECTION(MAJOR ADJUSTMENT) EACH $3,630.00 1.00 lAD 0.00 $0.40 C0112-B CORE DRILL SANITARY MANHOLE FOR PIPE CONNECTION EACH $1,650.00 1.00 1.00 0.00 $O.OD DIVISION I-SUBTOTAL BASE BID SANITARY SEWER $2,989.10 DIVISION 9 - SEWERS AND DRAINS - STORM 19 f STORM SEWER,TRENCHED,RLP 2000D,33 INCH LF $175.00 6.001 600 0,00 1 $0,00 20 STORM SEWER,TRENCHED,RCP 2000D,18 INCH LF $65.04 878.001 863.00 (15.00) ($975.OD) 21 STORM SEWER,TRENCHED,RLP 2000D,15 INCH LF $60.00 855.00 811.50 (43.50) ($2,610.00) 22 STORM SEWER,TRENCHED,RCA 2000D,12 INCH LF _ $55.00 562.00 532.00 (30.00) ($1,650.00) 23 STORM SEWER,TRENCHED,HDPF TYPF SP,12 INCH LF $55 00 880.00--L 890.00 10.00 $550.00 24 REMOVAL OF STORM SEWER,RCP,LESS THAN OR EQUAL TO 36 INCH LF $16,00 802.00 506.00 (246.00]; ($5,328.00) 25 SUBDRAIN,TYPE SP,6 INCH LF $12 OD 11 961.00 11,974.00 13,00 $156.00 26 SUBDRAIN,TYPE SP,4 INCU LF $15 00 150.00 0.00_ (150.00) ($2,250.00) 27 SUBDRAIN OUTLETS CMP,61NCH EACH $350.00 58.00' 52.04 [6.00] ($2,100.00) 28 STORM SEWER SERVICE STUB,TYPE S,4 INCH LF $12.00 746.00 813.00 67.00 $804.00 i DIVISION 6 - STRUCTURES FOR STORM SEWERS 29 MANHOLE,SW-401,48" EACH $4,600.00 9.001 9,00 0.00 1 $0.00 30 MANHOLE,SW-401,60" EACH $6,700.00 1.001 0.04 1 $0.00 31 MANHOLE,SW-402 EACH $5,400.00 1.00 1.00 0.00 $0.00 _ 32 INTAKE,SW-501,SINGLE GRATE _ EACH $4,900.00 18.00 21.04 3.00 $14,700.00 33 INTAKE,SW-504,SINGLE GRATE W/FLUSH TOP MANHOLE EACH $7,700.00 5.00 3.00 (2.00) ($15,400.00) 34 INTAKE,SW-505,DOUBLE DRAT£ EACH $6,000.00 3.00 4.00 1.00 1 $6,000.00 35 INTAKE,SW-506,DOUBLE GRATE W/MANHOLE EACH $B,S00.00 1.00 1.00 a.0a $0.00 36 CONNECTION TO EXISTING STRUCTURE,PIPE EACH $1,500.00 1.00 1.009.00 $0.00 37 CONNECTION TO EXISTING INTAKE,DRAIN TILE EACH $650.00 11.00 15.00 4.00 $2,600.00 38 REMOVE MANHOLE OR INTAKE,STORM EACH $600.00 17.00 17.00 4.00 $0.00 39 INTAKE,SW-507,REMOVE AND REPLACE SPECIAL SHAPING AND TOP EACH $3,000.00 1.00 0.00 (1.00) ($3,000.00) 40 INTAKE,E-1-C/SW-501,REMOVE AND REPLACE BOXOUT EACH $1,600.0D 5.00 5.00 0.00 41 INTAKE,E-2-C SW-505,REMOVE AND REPLACE BOXOUT EACH $2,500.00 3.00 3.901 0.09 0,00 42 FURNISH ANDINSTALL SW-602 TYPE ECASTING EACH $1,800.00 1.00 1.001 0.00 $0.00 43 FURNISH AND INSTALL SW603 TYPE RCASTING EACH $1,840.00 3.00 0.00 (3.00) ($5,400.00] DIVISION I-SUBTOTAL BASE BI D STORM SEWER $13,903.00 1OF3 C:\Users\DENNIS-G\AppData\Local\Microsoft\Windows\INetCache\COntent.Dutlook\3UTFDtR1\993-F€NAL QTY SUMMARY.%Is% Page4WoNoj/&Wl DIVISION I DESCRIPTION ASPRO PLAN TOTAL INCREASE/ INCREASE/ IIID ITEM DECREASE DECREASE UNIT UNIT$ QTY QTY QTY AMOUNT DIVISION 5 - WATER MAINE AND APPURTENANCES 44 _ WATER SERVICE PIPE,COPPER,3/4 INCH EF t $65.00 399.50 263.00 (136.50) ($8,872.50) WATER SERVICE CORPORATION,3/4 INCH __ EACH $200.00 17.00 2.00 [15.00) ($3,01)0.00} 45 ..----.- .. . ._._.........00) 46 WATER SERVICE CURB STOP,3/4 INCH EACH $125,1)0 17,01) 5,00 (1200) ($1,500.00) 47 WATER SERVICE CURB BOX,3/4 INCH EACH $125.Oo 17.00 5.OD (12,00) [$1,500.00) . . ............ ...._..........._..--- ._........_ ---(1 -- 48 CONVERT WATER VALVE MANHOLE TO ROAD13OX_ EACH $700.00 4.00 8.00 4.00 $2,800,00 49 WATER SERVICE TAP,3/4 OR 1 INCH EACH $500.00 4.00 1.00 (3.00) [$1,500.00) 50WATERSERVICEKILL EACH $500.00 2.00 2.00 0.00 $0.00 - - 51 LOWER WATER SERVICE,3/4"OR 1" EACH $1,000.00 2.00_ - 7.00 5.00 _ $5,000.00 -- 1.._...... .. 52 _I WATER SERVICE,UN DERG ROUND INVESTIGATION EACH $1,000.00 2.00 11.00 9.00 $9,000.00 53-- INSULATE EXISTING COPPER WATER SERVICE EACH $500.00 2.04 1.00 (1.00) {$500.00[ 5001 RENEW WATER SERVICE,1 INCH,COMPLETE LS $2,640.00 1.001 1.00 0.00 $0.00 DIVISION I-SUBTOTAL BASE 1311)WATER APPURTENANCES ($72.50) DIvzEION 7 - STREET$ AND RELATED WORK PCG PAVEMENT 54 REMOVE AND REPLACE 2'HMA/o6'.PCC,C-4 SY $179.00 27-00 27.00 0.00' $0.00 55 RE MOVE AND REPLACE G"PCC,M-4 SY $125.00 101 00 114.70 13.70 $1,712.50 SIDEWALKS, SHARED USE PATHS AND DRIVEWAYS 56 REMOVAL OF SIDEWALK AND DRIVEWAY SY $6,00 2,700.00 2,562.30 (137.70) ($826.20) 57 REMOVAL OF SIDEWALK,MISCELLANEOUS SY $15.04 101,00 207.00 106.00 $1,590.00 58 SIDEWALK,PLC C-4,4 INCH,C-9 SY $46.75 489.00 566.00 77.00 $3,599.75 59 SIDEWALK,PCC C-4,6 INCH PEDESTIAN RAMP,C-4SY $49.00 191.00 195.80 4.80 $235.20 ...... ......... . --------- --- - 60 SIDEWALK,PCC C-4,CLASS A THICKENED EDGE LF _ ___$50.00 11.00 16.90 5.90 $295.00 61 DETECTABLE WARNING SF $42.00 272.00 258.00 (14.00) ($588.00) 62 DRIVEWAY AND SIDEWALK PAVED,PCC,6 INCH,C-4 SY $49.00 501.00 571.401 70.40 $3,449.60 63 DRIVEWAY AND SIDEWALK,PAVED,PCC,51NCH,C-4 SY $48.75 1,588.00 1,737.30 149.30 $7,278.38 1001 RETAINING WALL-117 ELSTON AVENUE LS $3,272.50 1.00 1.001 0.40 $0.00 PAVEMENT REHABILITATION 64 PAVEMENT REMOVAL,CONCRETE SY $5.75 20,425.60 20,425.601 0.00 $0.00 65 PAVEMENT REMOVAL,ASPHALT SY $4-80 2,665.00 2,655.00 Q.OD $0.00 DIVISION I-SUBTOTAL STREETS AND RELATED WORK $16,746.23 DIVISION 8 - TRAFFIC CONTROL TEMPORARY TRA££IC CONTROL ------------- 66 TEMPORARY TRAFFIC CONTROL LS _ $29,500.00 1.00 1.00 D.00 _ $0.40 67 DIRECTIONAL SIGNS,PER DETAILS -. EACH $125.00 8.00 8.001 0.00 $0.00 --- ........_ ._ - - - ----- DIVISIONI SUBTOTAL PAVEMENT MARKINGS AND TRAFFIC CONTROL $0.00 DIVISION 9 - SITE WORK AND LANDECAPTNG SEEDING 68 HYDRAULIC SEEDING,SEEDING,FERTILIZING_A__NDMULCHING SY $345 9,796.00 7,890.00 {1,90fi.40) ($6,575,70) 69 WARRANTYSY $3.25 2,765.00 1,101.301 {1,663.70) ($5,407.03) EROSION AND SEDIMENT CONTROL Al TEMPORARY RECP,WOOD EXCELSIOR MAT,TYPE 28 SY $5.70 805.00 101.40 (703.60) ($4,010.52) 71 WATTLE,STRAW,6INCH LF $7.50 300.00 0.00 (300.00) ($2,250.00) 72 WATTLE,REMOVAL LF _ $1.34 360,01) 0,00 (300.00) ($390.00) 73 EROSION CONTROL MULCHING,HYDROMULCHING SY $3.25 6,076.00 21_247.40 (3,828,60) ($12,442.95) 74 INLET PROTECTION DEVICE,INTERMEDIATE ANDDROPIN_ _ EACH $485.00 38.00 25.00 (13.00). ($6,345.00) 75 INLET PROTECTION DEVICE,MAINTENANCE EACH _$_100.00 38.00 0.00 (38.00} {$3,800.00) DIVISION I-SUBTOTAL SITE WORK AND LANDSCAPING {$41,181.20} ------ -- ------._ --_ -................_.._.- DIVISION 11 - MISCELLANEOUS CONSTRUCTION SURVEY ____. ...... _......___ .......... _._..... .._-__ _. 76 CONSTRUCTION SURVEY _ _ _ LS $36,000.00 1.00 1.001 0.0o $0.40 77 SAW CUT LF $7.50 _ 1,222:00 1,050.00 (172.00) [$1,290.00) DIVISION I-TOTAL BASE SID $72,183.82 2OF3 C;\Users\DFNNIS-G\AppData\Local\Microsoft\Windows\INetCache\Content.00tlook\3UTFOLRI\993-FINAL QTY SUMMARY.xlsx Page4WNof/54c71 DIVISION I DESCRIPTION ASPRO PLAN TOTAL INCREASE/ INCREASE/ BID ITEM DECREASE DECREASE UNIT k UNIT$ QTY QTY QTY AMOUNT__ ❑IVISION 7 - STREETS AND RELATED WORK ALTERNATE A - HVA. IA PAVEMENT,HMA 1.5",STANDARD TRAFFIC(ST)SURFACE,1/2"MIX,PG 58 285,7540 CR.,NO FRICTION REQD. SY $10.30 20,213.00 20,213.DO 0.00 $0.00 2A PAVEMENT,HMA,1.5",STANDARD TRAFFIC(ST)INTERMEDIATE,1/2"MIX, PG 58-28S,604.CR. SY $10.00 14,513.00 14,513.00 0.00 $0.00 3A PAVEMENT,HMA 3',STAN DARD TRAFFIC(ST)INTERMEDIATE,1/2"MIX,PG 58-285,60%CR. SY $18.85 5,700.00 5,700.00 0.00 $0.00 4A PAVEMENT,HMA,3",STANDARDTRAFFIC(ST)BASE,3/4"MIX PG 58-285, _ 60Y.CR_ SY $18.00 2(11213.00 20,213,00 0,00 $0.00 5A CU RB AND G UTTER,24 IN WIDE,6 IN THICK,C-SUD LF $17.25 1020600 10164.50 {41.54) )$715,88) 6A _ CURB AND GUTTER,24 W WIDE,7.5 IN THICK,C-SUD _ LE $18.50 2_637.00 2,617.00 {20.00) .($370.00) 7A HMA PAVEMENT SAMPLES AND TFSTING LS $5,000.00 1.00 1.00 0.00 $0.00 SA EXCAVATION,CLASS 19 _ CY $13.o0 9,002.00 9,740.00 738.00 $9,594.00 9ACOUD CRETE WASHOUT LS $1,50o.oa 1.00 0.00 (1.00) ($1,500.00} 10A__ WEATHER CONCRETE PROTECTION SY $7A0 380.00 427.70 47.70 $333.90 11A E EDOILTREATMENTSY $7.50 380.00 200.40 (179.60) 1$1,347.00) ............... ....................---- DIVISION I-SU RTOTAL ALTERNATE A - $5,995.03 ...--- DIVISION 11-MAXINE STREET WATER MAIN EARTHWORK,EROSION CONTROLAND MISCELLANEOUS ASPRO ITEM NO DESCRIPTION UNIT UNIT$ 001 MOBILIZATION 115 $4,500.00 100 1.00 D.Do $O,Oa _ 002 SEED,FERTILIZE AND MULCH(IDOT URBAN MIX)BY HYDROSEEDING ACRES $15,000.00 1.00 0.00 (1.00) ($15,000.00) 003 SILT FENCE(EROSION CONTROL FENCING) LF $10.00 100.00 0.00 {100.00) ($1,000.001 004 9"D1A.STRAW FILLED WATTLES FOR INLET PROTECTION LF $1@00 40.00 0.00 (40.00) ($h00.001 005 TRAFFIC CONTROL LS $5,000.00 1.00 1.00 0.00 $0.00 006 1 MAINTENANCE BOND,2-YEAR LS $75000 1.00 0.00 (1.00) ($750.00) WATER CONSTRUCTION 401 WATE ..EXCAVATION $67.95--- ____......,._. _..__...-- ------ 402 TAPPING VALVE AND SLEEVE,6"DIA.X W PIA.,COMPLETE EACH $4,000.00 2.00 2.00 0.00 $0.00 403 TEE,6 DIA X 6"DIA.,D.I.P COMPLETE WITH THRUST RESTRAINT EACH $700,00 3.00 1.00 (2.00) ($1,400.00) 404 BEND 11.25 DEGREES,6"DIA X 6"DIA.,D.I.P.,COMPLETE WITH THRUST EACH I RESTRAINT J $700,00 1.00 0.00 (1.00) ($700.00) 405 BEND 22.5 DEGREES,6"DIA.X 6"DIA.,D.I.P.,COMPLETE WITH THRUST EACH RESTRAINT $700.00 2.00 2.00 0,00 $0.00 405 ENDCAP,6"DIA.X 6"DIA.,D 1 P COMPLETE WITH THRUST RESTRAINT EACH $1,000.001 1.00 1.00 0.00 $0.00 ....I..........------ ..---- 407 f NEW FIRE HYDRANT ASSEMBLY,M.1„6.5'BURY,COMPLETE EACH $6,000.00 1.00 1.00 0.00 $0.00 408 TIE-IN TO EXISTING WATER MAINEACH _ ------..-...__. .. ......__._ $S,Ooa oo�_ 3.00 .1.00 (2.00) ($10,000.00) 409 GATE VALVE,6"DIA.,M.1.,WITH VALVE BOX AND MEEHAN ICAL THRUST EACH RESTRAINT $1,6o0.00 4.00 1.00 (3.00) ($4,800.00) 410 WATER SERVICE,COPPER,3/4"DIA.BY OPEN-CUT EXCAVATION LF $40.00 247.00 296.00 49.00 $1,960.00 411 WATER SERVICE,COPPER,1"DIA.BY OPEN CUT EXCAVATION _. _ _ LF $SOHO 28.00 0.00_ (28,00) ($1,400.00) 412 WATER SERVICE CONNECTION,3/4"DIA.,COMPLETE EACH $1,000.00 10,00 11.00 1.00 $1,000.00 413 WATER SERVICE CONNECTION,1"DIA.,COMPLETE EACH $1,000,001 1.00 0.00 (1.00) ($1,000.001 414 REMOVE EXISTING 6"DIA.WATER MAIN LF $10.001 427.00 430.003.00 $30,00 415 6"NITRILE GASKET EACH $150.00 6.00 6.00 0.00 $0.00 PAVING CONSTRUCTION ----- ----- 501 REMOVE AND REPLACE H.M A PAVEMENT AND SUBBASE SY $184.00 So.00 50.00 0.00 $0.00 DIVISION II-TOTAL ($31,693.30) TOTAL DECREASE ($97,882.10) ORIGINAL CONTRACT AMOUNT $3,644,934.30 CHANGE ORDER NO.1 $3,272.50 CHANGE ORDER NO.2 $5,280,00 CHANGE ORDER No.3 $19,300.00,,,,,_-_ $19,300.00 CHANGE ORDER NO.4 $3,000.00 CHANGE ORDER NO.5 „ $2.,640.00 FINAL QUANTITY SUM MARY ($97,862.10) FINAL CONTRACT AMOUNT $3,580,544.71 PAYMENTS TO CONTRACTOR ESTIMATES 1-18 $3,401,517.47 _....-- - -.. __......_- _---- - ..........._......---- RETAINAGE TOTAL PAID CONTRACTOR $3,580,544.71 30173 C:\Users\DENNIS-G\AppData\Local\Microsoft\Windows\1NetCeche\COntent.Outlook\3UTFOLRI\993-FINAL QTY SUM MARY.xlsx Page4WKO/€4671 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of$3,580,544.71, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and receive and file a two-year maintenance bond. City Council Meeting:2/1/2021 Prepared: 1/14/2021 ATTACHMENTS: Description Type ❑ Cont 993—Maintenance Bond Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Aspro, Inc., of Waterloo, SUBJECT: Iowa, in the amount of$3,580,544.71, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Aspro, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: Page 69 of 547 MAINTENANCE BONE) bond No, 2302195 KNOW ALL MIEN BY THESE PRESENTS: That, Aspro,Inc. of Waterloo,Iowa as'Principal,and the North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Waterloo,Iowa J in the. penal Strt11 of Three Million Five Hundred Eighty Thousand Five Hundred Party-four ($ $3,580,544.71 ) And 711100 Dollars,lawful money of the United States of America,for the pAyment of which,well and truly to be made, the principal and Surety bind themselves,their and each of their hcirs,executor's, administrators, successors and ussigns,jointly and sevorally,firmly by these presents. Whereas,the Soid Principal entered into a certain controcE,with City of Waterloo,Iowa To furnish all the material and labor necessary for the construction of FY 2020 Street Reconstruction Program,Contract No.993,Waterloo,IA in Waterloo Iowa In conformity with certain specifications;and Whereas,a furtbcr condition of said contract is that the said Ptincipal should furnish A bond in indemnity,guaranteeing to remedy ally defocts in Workmanship or materials that may develop in said work within a period of Two(2) years from the date of acceptance of the work under said contract;and Whereas,the said North American Specialty Insurance Company for n valuable consideration, has agreed to join with said Principal in such bond or guarantee,indemnifying said City of Waterloo,Iowa Now,therefore,the condition of this obligation is such,that if the Said Principal shall,at lois own cost and expense,remedy any and all dcfr cts that may develop in Said work within the period of Two(2) years from the date of acceptance of the work tinder said contract,by re,mon cif bad workmanship or poor material used in the construction of said work,and shall keep all work in continuous good repair during said period,and shall in all other respects,comply with all the terms and conditions of Said contract with res-pc=to maintenance and repair of said work,then this obligation to be null and void;otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set out' hands and scals this 13th _ day of _ January T , 2021r Aspro,Inc. RA cipal , By: North A e icon Specialty In ur nco Company t Surat Qione R.Young o ey-m- as Page 70 of 547 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE,COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TI-11iSl PRI SENTS,` HAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri,and Westport Insurance Corporation,or under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri does hereby make,constitute and appoint: JAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M,DEIMERLY,SHIRLEY S.BARTENHAGEN,CINDY BENNETT,ANNE CROWNER TIM MCCULLOH,STACY VENN,DIONE R.YOUNG,WENDY A.LEWIS,and STACIE CHRISTENSEN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011, "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the fixture with regard to any bond,undertaking or contract of surety to which it is attached," "\\{Itlllllltlll!!//// ytutgmptrµy4I�J��� ��yQ� .....p...*'9GO% Fi4a�,Yi O° ''Cr By �' IIAitCF G� rF'•. y j 5.��{t`y Steven ,.n man, emur i- res ento as tngmn nternannna nsuranceCompany ?• SEAL :'Ze,=__ os3 to$ &Senior vice President of Narita Anterirun specialty Insurance Company a,i Wrc:,7 tgr3 aEp� $ &senior Vice President or WC5111orl Insurance Corporallon Q: f.yf•hgMt!?!�' `i�� kar By \\ Alike A.Ilu,Senior Vice President orWashington Internacional Insurance Company //q/�b�Hllilt111�\`� mu &SeniorVice President or Nor1k American Specially Insurance Company &Senior Vice Presidenl or Westporl Insurance Corporation IN WI'T'NESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 3RD day of DECEMBER 20 20 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 3RD day of DECEMBER 20 20,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,Who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SFAI. 1111 KENNY Notary"taic Stale of III ao s Myc mum;s M. Kenny,Notary Public 1, Jeffrey Gold!LerZ. the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect, IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 13thday of January 2021 , Jeffrey Goldherg,Vico President&Assistant Secretary of Washington international Eatj onsggrpayfyu�f F A 7 North American Specialty Insurance Company R Vico President&Assistant Secmturyuri es cat mN a gLta4/ CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peters Construction Corporation, of Waterloo, Iowa, at a total cost of$951,547.33, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/19/2021 ATTACHMENTS: Description Type ❑ Acceptance of work Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peters Construction SUBJECT: Corporation, of Waterloo, Iowa, at a total cost of$951,547.33, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Peters Construction Corporation has completed the above referenced project in accordance with the plans and specifications. Page 72 of 547 Document G742TM -- 1992 Application and Certificate for Payment TO OWNED: CITY OF WATERLOO PROJECT: Five Sullivan Brothers Ceiline APPLICATION NO: 9 Distribution to: City Hall PERIOD TO: 12/31/2020 OWNFR ❑ 715 Mulberry Street CONTRACT FOR: ARCHITECT ❑ -- FROM CONTRAffit:0'IA 50703 VIA ARCHITECT: Peters Construction Corporation CONTRACT DATE: CONTRACTOR ❑ 901 Black Hawk Road PROJECT NOS: I I Waterloo,IA 50701 2004400 FIELD ❑ OTHER ❑ CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Conti-actor certifies that to the best of the Contractor's knowledge, information Application is made for payment,as shown below,in connection with the Contract, and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for AIA Document G703Tnt,Continuation Sheet,is attached, which previous Certificates for Payment were issued and payments received from the Owner,and 1.ORIGINAL CONTRACT SUM............ ................. $ 939,g l o,00_ that current payment shown herein is now due. 11 33 Peters Construction Corporation December 31,2020 2, NET CHANGE BY CHANGE ORDERS..-....... :.................. $ CONTRACTOR: 3.CONTRACT SUM TO DATELire 7...}2 ( ) .................... $ 951,54733 By: Date: 4.TOTAL COMPLETED&STORED T.0-DATE(Colrnrrn G on G703) ...... $ 951,547.33 State of: Iowa 5.RETAINAGE: County of: Black Hawk a• %of Completed Work Subscribed and swornto before (Cohimns D+E on G703) $ me this 31 day of December Rachael arenden Iowa Notarial Seal b. %of Stored Material commission number 765262 (Colxrma F on G703) $ Notary Public `� " C � My Commission Expires 10126122 My commission expires: Rachael Brenden Total Retainage(Lines 5a+5b, or Total in Colman/of G703)...... $ 0.00 October 25,2022 6.TOTAL EARNED LESS RETAINAGE .................................... $ 951,547.33 ARCHITECT'S CERTIFICATE FOR PAYMENT (Lime 4 minus Line 5 Total) In accordance with the Contract Documents,based on on-site observations and the data comprising 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT ...................... $ 941,547.33 this application,the Architect certifies to the Owner that to the best of [lie Architect's knowledge, (Lime 6 fi•onr prior Certificate) information and belief the Work has progressed .as indicated, the quality of the Work is in accordance with the Contract DocumelSand the Contractor is entitled to payment of the 8.CURRENT PAYMENT DUE ............ .... $ 10,000.00 AMOUNT CERTIFIED. 314 EAST 4TH STREET 9.BALANCE TO FINISH,INCLUDING RETAINAGE: AMOUNT CERTIFIED WATERS Line 3 minus Line 6 0'00 p f 7r c �'(�i �� � lied Initial all frgw es on this ( ) $ (Attach es lavation a aralotnat cer r i 1 Application and on the Continuation Sheet that ar e changed to conform nr withthe amontrt certified) CHANGE ORDER SUMMARY- ADDITIONS DEDUCTIONS ARCHITEC Total changes approved in-previous inonths by Owner $ $ By: Date: Z Total approved this month $ $ This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor TOTAL $ $ named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of ET CHANGES by Change Order js the Owner or Contractor under this Contract. CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document G702Tm—1992.Copyright ©1953,1963,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S,Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations ofr'dat JoV l +�mail The American Institute of Architects'legal counsel,copyright@aia.org. r'dy� J vl 01071 1ACD" 4 — — I --� •� - Document G703TM - 1992 Continuation Sheet AIA Document G702T111--1992,Application and Certificate for Payment,or G732T11'-2009, APPLICATION NO: Application and Certificate for Payment,Construction Manager as Adviser Edition, APPLICATION DATE: 9 containing Contractor's signed certification is attached, 12/31/2020 In tabulations below,.atnounts are in US dollars. PERIOD TO: Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT N0: 12/31/2020 2004400 A B C D E F G H I WORK COMPLETED MATERIALS TOTAL BALANCE TO ITEM] SCHEDULED PRESENTLY CONIPLETED AND °/ RF.TAINAGF. DESCRIPTION OF WORK FROM PREVIOUS FINISH NO. VALUE (C-G) APPLICATION THIS PERIOD STORED STORED TO DATE (G-C) (lf i ariable rate) (D+E) (Not in U or E) (D+E+F) 010 Bonds& Insurance 14,024.00 14,024.00 14,024.00 100.00 020 General Requirements 7,956.00 7,956.00 7,956.00 100.00 030 General&Final Clean Up 6,960.00 6,960.00 6,960.00 100.00 040 General Construction Allowance 050 As-Built Drawing Allowance 3,000.00 3,000.00 3,000.00 100.00 060 Demolition 6,879.00 6,879.00 6,879.00 100.00 070 Caulking 1,492.00 1,492.00 1,492.00 100.00 080 Drywall 102,906.00 102,906.00 102,906.00 100.00 090 Acoustical Ceilings 247,190.00 247,190.00 247,190.00 100.00 100 Painting 5,176.00 5,176.00 5,176.00 100.00 110 Mechanical 198,100.00 198,100.00 198,100.00 100.00 120 Fire Sprinkler 32,950.00 32,950.00 32,950.00 100.00 130 Electrical 288,177.00 288,177.00 288,177.00 100.00 140 Change Order#1 10,892.75 10,892.75 10,892.75 100.00 150 Change Order#2 4,962.90 4,962.90 4,962.90 100.00 160 Change Order#3 3,870.35 3,870.35 3,870.35 100.00 170 Change Order##4 634.92 634.92 634.92 100.00 180 Change Order#5 16,376.41 16,376.41 16,376.41 100.00 Totals GRAND TOTAL 951,547.33 151,547.33 951,547.33 100.00 CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will riot be obscured. AIA Document G703-r"+-11992.Copyright©1963,1965,1966,1967,1970,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S,Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of tr7 Dgcpr!ep! e-mail The American Institute of Architects'legal counsel,copyright@aia.org. ��Ye / VI `�`�� 10121�G� CITY OF WATERLOO Council Communication Resolution approving award of bid to Peterson Contractors,Inc.,of Reinbeck,Iowa,in an amount not to exceed$554,672.70,and approving the contract,bonds, and certificate of insurance in conjunction with FY 2021 Center For The Arts Parking Improvements Phase 3,Northwest Half Project,Contract No. 1004,and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting:2/1/2021 Prepared:1/13/2021 ATTACHMENTS: Description Type ❑ Cont 1004_Contract,Bonds,Cert of Ins Backup Material Resolution approving award of bid to Peterson Contractors,Inc.,of Reinbeck,Iowa.in an amount not to exceed SUBJECT: $554.672.70.and approving the contract,bonds,and certificate of insurance in conjunction with FY 2021 Center For The Arts Parking Improvements Phase 3.Northwest Half Project.Contract No. 1004.and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Matt Schindel,Associate Engineer Summary Statement: Page 75 of 547 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2021 CENTER FOR THE ARTS PARKING IMPROVEMENTS PHASE 3, NORTHWEST HALF CITY OF WATERLOO, IOWA CONTRACT NO. 1004 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and PETERSON CONTRACTORS, INC., of REINBECK, IOWA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2021 CENTER FOR THE ARTS PARKING IMPROVEMENTS PHASE 3 NORTHWEST HALF Contract No. 1004, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FORM OF CONTRACT PAGE 1 OF 5 PAGES Page 76 of 547 PAR. 5 The Contractor agrees to commence said work 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 Jute 31, 2021, with final completion on or before August 31, 2021. Winter Work will be required to complete Phase 3A work. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness,to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. FORM OF CONTRACT PAGE 2 OF 5 PAGES Page 77 of 547 3 PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT PAGE 3 OF 5 PAGES Page 78 of 547 PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $554,672.70. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 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. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES Page 79 of 547 CITY OF WATERLOO, IOWA Mayor City Clerk PETERSON CONTRACTORS INC. Contractor BY: C Title: president Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Page 80 of 547 Tqo�5 Bond No.107356763 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peterson Contractors,Inc. Of ReInbeck,Iowa (the "Principal"), and Tr avelers Casualty and Surety QQMPany of America Of Hartford,CT (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal SUM Of Five Hundred Fifty-four Thousand Six Hundred Seventy-two And 701100 Dollars ($ $554,672.70 lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for t h e purpose Of FY 2021 Center for the Arts Parking Improvements Phase 3,Northwest Half,City of Waterloo,Iowa-Contract No.1004 The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page I of 2 Page 81 of 547 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Peterson Contractors,Inc. Travelers Casualty and Surety GompanV of America Name Name By: e ner Title: pros idont Title: Attorney-in-Fact [attach Power of Attorney Performance Bond Page 2 of 2 Page 82 of 547 i NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project i`nclud,es Federal 1=ands, the'foilowing applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. i Performance Bond Page 3 of 2 Page 83 of 547 i' Bond No.107356763 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Peterson Contractors Inc. (Name of Contractor) P.O.Box A Reinbeck IA 50669.0155 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square,Hartford CT 06183 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street Waterloo,IA 5070 (Address of Owner) Five Hundred Fifty-four Thousand Six Hundred hereinafter called OWNER, in the penal sum of Seventy-two And 701100 Dollars,($$554,672.70 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of a copy of which is hereto attached and made a part hereof for the construction of: FY 2021 Center for the Arts Parking Improvements Phase 3,Northwest Half,City of Waterloo,Iowa-Contract No.1004 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, conslF 9*of 547 used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three(3) counterparts, each one of (number) which shall be deemed an original, this the day of ATTEST: Peterson Contractors,Inc. Principal (Principal) Secretary (SEAL) By P.O.Box A (Address) Reinbeck,IA 50669-0155 Witness as to PrirAipal P.O.Box A (Address) Reinbeck,IA 50669-0155 TraveiersowZy ana4etv Company of America Surety A y T-- Attorney-in-Fact Anne Cvowner Holmes Murphy and Associates LLC Witness as to Surety (Address) 2727 Grand Prairie Parkway 2727 Grand Prairie Parkway Waukee IA 50263 Waukee IA 50263 (Address) Page 85 of 547 1: r, NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If thisproject includes'Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to r transact business in the State where the project is located. c i Page 86 of 547 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERV st. Paul l=ire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, "travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Anne Crowner of Waukee Iowa , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. y111� l`L rwAfl yP,•(Y.1 p hp sG cS� a t 9n jT HARTFORD, + 0** CONN. � F' State of Connecticut A,4��k,� By. City of Hartford ss. Robert L. RaneVSenior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. �Ic5lhriY a My Commission expires the 301h day of June,2021 * r Anna P.Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President, any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this(Z(1' day of � �iw ry!e\l'R ��° N"caiw. 4` �J.y1 }o Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power ofAttorney,please call as at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. Page 87 of 547 PETECON-02 DSHIRES ACORv" CERTIFICATE OF LIABILITY INSURANCE OAT0IYVYYI 1!113121312021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. is IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endersement(s). cRncT PRODUCER Zach Counsel! LSB Financial Services (AIc°NN.,Ext;(319)874-4242 4006 FAX No►: 219 Main St E-MAIL Cedar Falls,IA 50613 p .zachc@mylsb.com INSURERS AFFORDING COVERAGE NAEC N INSURER A:Greenwich Insurance Company 22322 INSURED INSURER B:National Fire&Marine 20079 Peterson Contractors,Inc. INSURER C:XL SpeclaltV Insurance Company 37$$5 Reinbeck Motors Company,Inc. INSURER D:Zurich American Ins Co 16535 PO Box A1104 Blackhawk St Reinbeck,IA 50669 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA ADDL SUER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE p POLICY NUMBER pp M10D X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 EO CLAIMS-MADE TOCCUR X CGD7459902 71112020 711!2021 OR�AGES(aogu a) 100'000 X Blanket Contractual MED FXP(Any oneperson) $ 10,000 X XCU Coverage PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4'000'000 POLICY PRO LOC PRODUCTS-COMPIOPAGG $ 4'000'000 JECT OTHER: $ COMBINED SINGLE LIMIT $ 2,000,000 A AUTOMOBILE LIABILITY , X ANY AUTO CAS7459903 7/1/2020 711!2021 BODILY INJURY Per erson $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS PROPER Pc X AUR OS ONLY X ADTO5 ONLY eQr acl nt AMAGE $ $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1'000,000 X EXCESS LIAB F—ICLAIMS-MADE 42-XSF-100514-05 711/2020 711/2021 AGGREGATE $ 1'000'000 DED RETENTION$ $ C WORKERS COMPENSATION X PER ETH- AND EMPLOYERS'LIABILITY CWD7459901 7/1/2020 71112021 1,000'000 ANY PROPRIETOERRRIPARTNER/EXECUTiVE YIN E.L.EACH ACCIDENT $ (Mandatory MW EXCLUDED' _NNNIA 1,000,000 E.L.DISEASE-FA EMPLOYEE $ If Yes,describe under E.L.DISEASE-POLICY LIMIT S 1'000'000 DESCRIPTION OF OPERATIONS below D Equipment Floater CPP9267064-10 711!2020 711/2021 Leased/Rented Equipm 5,000,000 D Equipment Floater CPP9267064-10 711/2020 71112021 Cargo 2,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS[VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached It more space is required) RE: J9026,Center for the Arts Parking Lot,Waterloo,IA The City of Waterloo as Additional Insured per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Waterloo ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St. Waterloo,IA 50703 AUTHORIZED REPRESENTATIVE D&M swea ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 88 of 547 ENDORSEMENT# This endorsement, effective 12:01 a.m., forms a part of Policy No. CGD7459902 issued to Peterson Contractors,Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS — t I SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Any person or organization for whom you have agreedin writing in a contract oragreement thatsuch person or organization be dpi` as " 'd' CrZE` r�uril�O�flYye.f� e°yirfl�f� p� a1Sd'2�bI� CSi `fa5>� �rfintlnthe the wr€ ten con r c or rv€€ en a reemen bu on w e e con rac eman sec€yes e €hon farms or a urva ent Declarations as applicable to this endorsement.) A. Section II --Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. XIL 2010-1001 (Ed. 0413) ©2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 89 of 547 i. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. i All other terms and conditions remain unchanged. XI 2010-1001 (Ed, 0413) ©2013, XL America, Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 90 of 547 ENDORSEMENT# This endorsement, effective 12:01 a.m., forms a part of Policy No. CGD7459902 issued to Peterson Contractors,Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS— COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Any person or organization for whom you have agreed in writing in a contract or agreement that such person or organization he dded an a di 'o l insuce pnyour.�}QI** , �ovide �e"bod'iy injury'or"property damage"occurs subsequent to the execution Q�( i demand specifies ISO 2001 edition forms or equivalent, XI 2037-1001 (Ed. 0413) O 2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 91 of 547 I (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard", All other terms and conditions remain unchanged. X I L 2037-1001 (Ed. 0413) ©2013, XL America, Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 92 of 547 CITY OF WATERLOO Council Communication Resolution accepting a grant from the Black Hawk County Gaming Association for the Convention Center Phase 3 Renovations in the amount of$820,000, requiring matching funds of$1,500,000 and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/26/2021 ATTACHMENTS: Description Type ❑ BHCGA Conv Center Phase 3 Grant Contract Backup Material Resolution accepting a grant from the Black Hawk County Gaming SUBJECT: Association for the Convention Center Phase 3 Renovations in the amount of$820,000, requiring matching funds of$1,500,000 and authorizing the Mayor to execute said document. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer We are pleased that the Black Hawk County Gaming Association fully Summary Statement: funded the City's grant request for Phase 3 of the Convention Center planned improvements. This phase includes outdoor signage, a commemorative plaza and second floor interior improvements. Expenditure Required: City bond funds and other donations will be used to provide the matching funds necessary to fund this project. This project supports the City of Waterloo Strategic Plan Strategy 1.2 to partner in promoting Waterloo as a place to do business, Strategy 1.7 to Policy Issue: create a"live, learn, work and play" environment with amenities that attract and retain population in Waterloo and Strategy 4.5 to maintain and develop community services and city facilities that support quality of place. The Convention Center is a 40-year old facility that has not seen major updates since 2002-2003. The City has undertaken a number of renovation Alternative: projects recently to improve the facility. Updating the signage and plaza area, as well as the second floor interior, will greatly enhance the facility while also honoring the Sullivan family's service. Page 93 of 547 Michelle Weidner City of Waterloo Convention Center Phase 3 Improvements Fall 2020 FY21 City of Waterloo Paul Fluting 715 Mulberry 0: 319-291-4323 Waterloo, IA 50703 F: (931)291-4571 Ms Michelle Weidner 715 Mulberry michelle.weidner@waterloo-ia.org Waterloo, IA 50703 0: 319-291-4323 Printed On:27 January 2021 Fall 2020 FY21 1 Page 94 of 547 Michelle Weidner City of Waterloo FollowUp Form Question Group Project Title* Convention Center Phase 3 Improvements Amount Awarded $820,000.00 Total Project Budget $2,320,000.00 Upon acceptance of this grant the grantee agrees to the following: GENERAL PROVISIONS* Funds granted by the Black Hawk County Gaming Association shall be used by the grantee within 12 months of the official public announcement, unless otherwise specified or agreed to at the time of the grant award,or by subsequent action of the Black Hawk County Gaming Association. Projects must be started and completed on time and completed as presented. Failure to do so may be cause for the Board to suspend future payments and demand refund of payments rendered.A request for an extension must be submitted to the Black Hawk County Gaming Association in writing prior to the expiration date specifying valid reasons. USE OF FUNDS* This award is to be used exclusively for the purposes specified in the grant,which may represent all,or any of the proiects(s)specified in the grant application. It is further agreed that should the grant project be altered subsequent to the award,including but not limited to content,description,total project cost or percentage the award amount represents of the total cost,the grantee shall promptly notify the Black Hawk County Gaming Association.The Board may change the award amount depending upon the circumstances presented. GRANTEE ACKNOWLEDGEMENT* The Grantee will acknowledge the contribution of Black Hawk County Gaming Association to the program or project wherever and whenever appropriate.This will include, but not be limited to news releases,construction signage, plaques for project sites,decals, brochure or programs,etc. (For example:This program project made possible by funds contributed by the Black Hawk County Gaming Association). Please submit copies of these acknowledgements to the Black Hawk County Gaming Association—for more information please refer to the Publicity Guide TAX STATUS* The grantee shall be a public entity or 501c3 tax exempt entity at the time of the award. PAYMENT OF GRANT AWARD* To receive payment,documentation of the expenditure of the funds,acceptable to Black Hawk County Gaming Association must be submitted. If the grant is for capital or other purchased services, invoices or signed accepted bids/contracts,acceptable to Black Hawk County Gaming Association must be submitted to obtain payment. If the grant covers consultant and or/contracted services,submit a statement,acceptable to Black Hawk County Gaming Printed On:27 January 2021 Fall 2020 FY21 2 Page 95 of 547 Michelle Weidner City of Waterloo Association,verifying that the services were provided and itemize the expense incurred.The billing must be signed by an authorized agent of the organization and contain the grant number listed above. SPECIAL CONDITIONS Billing must be submitted to Black Hawk County Gaming Association within 60 days of the completion of the 12 month grant period or sooner if the grant funds have been spent. Please send requests for payment which must include vendor invoice(s)or contract(s)signed by both parties to: 425 Cedar Street, Suite 300A Waterloo, IA 50701 None Special Conditions Agreement* The above special conditions are required in order to receive payment and shall become part of this agreement. GRANTEE ELECTRONIC SIGNATURE* GRANTEE SIGNATURE DATE* Printed On:27 January 2021 Fall 2020 FY21 3 Page 96 of 547 Michelle Weidner City of Waterloo File Attachment Summary Applicant File Uploads No files were uploaded Printed On:27 January 2021 Fall 2020 FY21 4 Page 97 of 547 CITY OF WATERLOO Council Communication Resolution accepting a grant from the Black Hawk County Gaming Association in the amount of$20,000 for the Waterloo Aquatics Master Plan and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/27/2021 ATTACHMENTS: Description Type ❑ Gaming Contract Pools Study Backup Material ❑ Waterloo Proposal Backup Material Resolution accepting a grant from the Black Hawk County Gaming SUBJECT: Association in the amount of$20,000 for the Waterloo Aquatics Master Plan and authorizing the Mayor to execute said document. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend Council approval of contract. Summary Statement: This contract is is for a$20,000 grant to help pay for the Waterloo Aquatics Master Plan. Expenditure Required: The total project cost is $45,755 Source of Funds: BHCGA grant- $20,000 CIP Bond Funds - $25,755 This agreement supports the City of Waterloo Strategic Plan Strategy 1.7 Policy Issue: "seek ways to create a live, learn, work, and play environment that attracts and retains population in Waterloo. Waterloo's two municipal pools are past their usable life expectancy. This Background Information: master plan study will solicit public input and will culminate with a final report with detailed recommendations for future aquatic facilities in Waterloo. A detailed proposal from Ballard King is attached. Page 98 of 547 Follow Up - Grant Lifecycle Manager Page 1 of 3 Follow Up €3 Public Profile Waterloo Aquatics Master Plan Process: Fall 2020 FY21 Contact Info Request $ Award Details Documents 1 DESCRIPTION CREATED FILE Council Resolution showing support for 11/19/2020 Wloo Leisure Services Pool Study application Resolution.pdf LQI Application Follow Up ® FollowUp Packet ® Question List Q Due by 02/08/2021 12:00 AM CST. Q Fields with an asterisk (*) are required. Question Group Project Title* Waterloo Aquatics Master Plan Amount Awarded $ 20,000.00 Total Project Budget $ 45,755.00 Upon acceptance of this grant the grantee agrees to the following: GENERAL PROVISIONS* Funds granted by the Black Hawk County Gaming Association shall be used by the grantee within 12 months of the official public announcement, unless otherwise specified or agreed to at the time of the grant award, or by subsequent action of the Black Hawk County Gaming Association. Page 99 of 547 https://www.grantinterface.com/Request/Submission/FollowUp?request=5 5215 82&submis... 197/2021 7/2021 Follow Up - Grant Lifecycle Manager Page 2 of 3 Projects must be started and completed on time and completed as presented. Failure to do so may be cause for the Board to suspend future payments and demand refund of payments rendered. A request for an extension must be submitted to the Black Hawk County Gaming Association in writing prior to the expiration date specifying valid reasons. (.o I agree to the above USE OF FUNDS* This award is to be used exclusives for the purposes specified in the grant which may represent all, or any of the projects(s) specified in the grant application. It is further agreed that should the grant project be altered subsequent to the award, including but not limited to content description, total project cost or percentage the award amount represents of the total cost, the grantee shall promptly notify the Black Hawk County Gamins Association. The Board may change the award amount depending upon the circumstances presented. * I agree to the above GRANTEE ACKNOWLEDGEMENT* The Grantee will acknowledge the contribution of Black Hawk County Gaming Association to the program or project wherever and whenever appropriate. This will include, but not be limited to news releases, construction signage, plaques for project sites, decals, brochure or programs, etc. (For example: This program project made possible by funds contributed by the Black Hawk County Gaming Association). Please submit copies of these acknowledgements to the Black Hawk County Gaming Association—for more information please refer to the Publicity Guide Q I agree to the above TAX STATUS* The grantee shall be a public entity or 501c3 tax exempt entity at the time of the award. I agree to the above PAYMENT OF GRANT AWARD* To receive payment, documentation of the expenditure of the funds, acceptable to Black Hawk County Gaming Association must be submitted. If the grant is for capital or other purchased services, invoices or signed accepted bids/contracts, acceptable to Black Hawk County Gaming Association must be submitted to obtain payment. If the grant covers consultant and or/contracted services, submit a statement, acceptable to Black Hawk County Gaming Association, verifying that the services were provided and itemize the expense incurred. The billing must be signed by an authorized agent of the organization and contain the grant number listed above. O I agree to the above SPECIAL CONDITIONS Page 100 of 547 https://www.grantinterface.com/Request/Submission/FollowUp?request=5521582&submis... 1/27/2021 Follow Up - Grant Lifecycle Manager Page 3 of 3 Billing must be submitted to Black Hawk County Gaming Association within 60 days of the completion of the 12 month grant period or sooner if the grant funds have been spent. Please send requests for payment which must include vendor invoice(s) or contract(s) signed by both parties to: 425 Cedar Street, Suite 300A Waterloo, IA 50701 None 0 996 characters left of 1,000 Special Conditions Agreement* The above special conditions are required in order to receive payment and shall become part of this agreement. Q I have read and agree to the above special conditions GRANTEE ELECTRONIC SIGNATURE* Mayor Quentin Hart GRANTEE SIGNATURE DATE* 0 Due by 02/08/2021 12:00 AM CST. Save Follow Up Submit Follow Up P 1 https://www.grantinterface.com/Request/Submission/FollowUp?request=5521582&submis... 1"1�/2�2of 547 1 September 11, 2020 WATER TECHNOLOGY 1 N B ILIA RT) ICING & ASSOCIATES LTD Page 102 of 547 BALLARD *KING & ASSOCIATES LTD Recreation Facility Planning and Operation Consultants September 11,2020 Matt Gallagher Recreation Director City of Waterloo Dear Matt, Ballard*King&Associates (B*K) and our strategic partner Water Technology Inc (WTI) are pleased to submit our proposal to complete an Aquatic Master Plan for the City of Waterloo. B*K has been in business since 1992 and during that time have completed over 700 projects in all 50 states. Those projects can be classified into 4 broad categories; feasibility studies, master plans, operational assessments, and short-term management solutions. In addition to the wealth of consulting experience B*K brings to this project, as a firm we have over 60 years of in-field operational experience. As the project manager I have personally managed pools in the public, private, and university settings and completed aquatic studies for numerous clients. The benefit of hiring B*K leading the master planning process, is that we are paid to provide each client with unbiased third-party analysis. We receive no financial benefit if a facility moves forward to construction. This independence allow us to guide each client using data and public input through the decision-making process. This, combined with our operational experience, allows us to share information with clients that they need to hear prior to making decisions. A portion of this study will task B*K with making facility recommendations, a task that we have years of experience in completing with aquatic facilities. However, to evaluation the current aquatic facilities, verify our program recommendations and provide costing information, B*K has engaged our strategic partner WTI to complete those tasks. WTI and B*K have worked together on multiple projects and presented together at national conferences. The value for the client is that we are able to anticipate one another's questions and information needs. This results in seamless communication throughout the project. It is my belief that the team of Ballard*King and Water Technology can complete an Aquatic Master Plan in a timely and efficient manner. We look forward to further discussing your unique project and the opportunity to partner with you to move you forward! Respectfully, Darin Barr,Principal Project Manager (573) 673-6597 darin@ballardking.com -- - --- - - - Page 103 of 547 TABLE OF CONTENTS B*K&WTI Team Advantage.................................... Page 1 B*K Firm Profile................................................... Page 2 B*K Consultant Resumes Jeff King................................................... Page 3 Darin Barr................................................. Page 4 WTI Firm Profile...................................................Page 5 WTI Consultant Resumes Matt Freeby................................................Page 6 Scope of Services...................................................Page 7 Fee Proposal & Timeline...........................................Page 12 • I Page 104 of 547 BALLARD*KING V4/ T/ b & ASSOCIATES LTD IZ Recreation Planning and Operations Consultants W A T E R T E C H N O L O G Y I N C. The team of B*K and WTI is prepared to work with the City of Waterloo to complete an Aquatics Master Plan. Our team has the experience and knowledge to assist you with the tasks outlined in the scope of services in a timely and efficient manner. We will provide you with the vital information that is needed to make an informed decision about this important project. The Team offers the flexibility and organization to adjust our scope of work to the changing demands of our clients as well as limited time constraints. We recognize that each project is unique and our approach to evaluation and analysis is customized to target the client's individual needs. This approach, coupled with our attention to detail and vast experience as aquatic facility operators, will ensure that your best interests are being fully represented. We believe strongly that analysis and evaluation such as this provides the foundation for future decisions about a project. The final written report will be presented in a concise, easy to read, understandable manner that meets your outlined goals and expectations. B*K and WTI will bring to this project: * Our vast planning, managerial and operational experience with recreation and aquatic facilities, from conception through operation. * Our direct experience as facility managers and subsequent programs and services to the public. * Our knowledge and understanding of aquatic and recreation trends and operation considerations from both a National and Midwest perspective. * Our knowledge of the public participation process and experience in facilitating this process. * Our experience working together on similar projects. * The ability to assess operations expenses and revenues for aquatic facilities and their associated amenities. * Our experience in verifying square footage recommendations and forecasting both construction and project costs. * Our strong commitment to representing the client's best interests in all projects through proven,practical experience in providing independent third party financial analysis. * Our ability to be involved with a project from inception through opening and operation. Page 1 Page 105 of 547 1 & ASSOCIATES LTD Ballard*King & Associates, Ltd (B*K) was established in 1992 by Ken Ballard and Jeff King in response to the need for market-driven and reality-based recreation planning. B*K has achieved over 28 years of success by realizing that each client's needs are specific and unique. With over 60 combined years of facility management and planning experience in the collegiate, public, non-profit and private sector, our consulting firm has completed over 700 projects in 50 states and has working relationships with more than 100 architects coast-to-coast. B*K is also honored to be the recipient of five Athletic Business Facility of Merit Awards. B*K forms a consulting team that provides a variety of pre-design services for clients who are considering the completion of an aquatics master plan. Our vast practical experience enables us to guide clients through the challenges of planning, constructing, opening and operating an aquatic facility. From pinpointing specifics to broad visions, B*K provides services to ensure the long-term success of your project. B*K has built our reputation on telling clients what they need to hear in order to make sound decisions. B*K' services can be integrated into a design team or contracted independently. Our core services can be defined as feasibility studies, master plans, operational assessments and short- terms management solutions. A cornerstone of our practice is the completion of feasibility studies for facilities of all types with recreation centers and aquatic centers representing the vast majority of the projects we've worked on. By bringing practical, proven experience to a project we can accurately represent the client's best interests. B*K has a keen awareness of the impact an aquatic, park, sports, or recreational facility has on a community and subsequently the entity that operates it. Thanks to our extensive field experience we are able to provide assistance with practical tools, an uncommon ability to see the overlooked and view your project from a wealth of expertise and knowledge. Teamwork is a core aspect of our firm. We work together ensuring all clients are receiving the wealth of knowledge our B*K team brings. The success of any project begins with an integrated, mutually valued approach to the individual needs and goals of each client. Thus, we team with you and for you. First and foremost to B*K is our reputation of being a company of strong ethical character. Our top concern is our client's best interests and our approach is always honest and down-to-earth. We aim to help each client see the full potential of their project by providing trustworthy services to achieve their goal. Let us help you move forward! Page 2 Page 106 of 547 BALLARD*KING & ASSOCIATES LTD Recreation Facility Planning and Operation Consultants Jeff King, Principal Principal in Charge As a founding partner of Ballard*King & Associates, Jeff has over 41 30 years experience in recreation facility operation and planning. Jeff has provided consulting services to more than 200 communities who have benefited from his extensive background in recreation center planning and management. Jeff's expertise comes from a vast array of experience and projects. r Jeff's management and project experience includes facility Iplanning and construction, facility renovation, grand opening celebrations, economic impact studies, energy conservation systems, preventative maintenance programs, staffing, budgeting, marketing, cost accounting and program-ming. In addition, he has performed park and recreation master plans as well as audits. As the former Recreation Director for the City of St. Peters, MO, he was responsible for start- up and operations of Rec-Plex. Rec-Plex, a 140,000 square foot recreation center with a 50- meter competitive pool, ten-meter diving tower, leisure pool, gymnasium, track, rock climbing wall, weight room, aerobics room, ice skating rinks (2), skate board park and food service that opened in July 1994. Rec-Plex was the host site for all aquatic events for the 1994 Olympic Sports festival. Prior to this, he was the Facility Manager for the Edora Pool Ice Center (EPIC) in Fort Collins, CO, where he was responsible for its start-up, operations and administration for 7 years. EPIC received the 1987 "Facility of Merit" award from Athletic Business Magazine for design and operation excellence. He also served as the City of Fort Collins' Aquatic Director and team leader and facilitator for the City of Fort Collins Quality Improvement Program. Education: Lindendwood University-BA Business Administration Certified Pool Operator Professional Affiliations Ice Skating Institute of America Missouri Parks &Recreation Association National Recreation&Park Association Colorado Parks &Recreation Association Page 3 Page 107 of 547 BALLARD*KING & ASSOCIATES LTD Recreation Facility Planning and Operation Consultants Darin Barr, Principal Project Manager Darin began his work with Ballard*King & Associates in 2007. During his time with B*K, Darin has competed feasibility studies, master plans, operational assessments and provided short term management solutions to several clients. Prior to joining B*K he ,lX worked for 10 years in the recreation field. His in-field experience included working for a university, town recreation department, private waterpark, and municipal recreation center. Darin's passion has always been in recreation, and more specifically, aquatics. He began participating in recreation programs at a very young age. He found his competitive passion when he began swimming, which he competed in through high school and college. Upon graduating from the University of Missouri with a Parks and Recreation degree he found himself at the pool, only this time as a manager. As an adult he has continued to use parks, recreation, and sports facilities as a participant and as a spectator of his two sons. The diversity of Darin's experiences as a parks and recreation professional and as a consultant has shaped his unique perspective on the delivery of programs, facilities, and the operations of a full-service aquatic facilities. Darin's honest approach, attention to detail, and depth of knowledge give client's comprehensive insight to help guide them through their project. Education: State University of New York, Brockport—Masters in Public Administration University of Missouri—BS Parks, Recreation& Tourism Professional Affiliations National Intramural Recreational Sports Association New York State Parks & Recreation Society Missouri Park&Recreation Association University of Missouri—Adjunct Faculty Recent Aquatic Projects: Bellevue Aquatic Center Feasibility Study, Bellevue, WA Davis School District Aquatic Center Operational Study, Davis, CA University of Rhode Island Tootel Aquatic Center Feasibility Study, Warwick, RI Page 4 Page 108 of 547 WATER TECHNOLOGY , INC " Firm Overview The WTI team is a highly qualified group of individuals comprised of creative architects, landscape architects, engineers, designers, business developers and administrators, all with a passion for aquatics. Together, we combine our . . talents to develop original, aquatic facilities from concept to reality. In addition, WTI maintains solid relationships with other consultants and contractors and r continues to set the standards in the aquatic industry across the United States s and around the world. ,4 1 PHILOSOPHY Water Technology, Inc.'s (WTI) creative energy and passion embraces the r _ _/ philosophy that aquatic recreation completes communities and makes them a y better place to live. COMPANY DETAILS • Established in 1983 • Largest Aquatic Design Firm in North America, Staff of 60+ q • Quality Control Implementation • Collaborative Team Process • International Portfolio y Specialized Aquatic Professionals on Staff- • Executive Team (5) • Project Development(4) • Architects (4) Landscape Architects (2) • Engineers(6) • - Civil (2), Mechanical (3), Structural (1) _ . Artistic 1 Creative Design (3) • Site Planners 1 Designers(3) • Technical Designers (7) • Mechanical Designers (6) • Project Managers (8) • Administrative (7) WTI ADVANTAGES Solution driven planning and philosophy - Two-way sharing process between WTI and client Forward-looking designs that support dynamic community programs �.._ • 150+ AQUATIC Projects Per Year _. - Historical database of cost estimates and realistic timelines EXTENSIVE PORTFOLIO OF PROJECTS OF VARYING VENUES - Waterparks • Therapy and Wellness Pools - Resort and Hotel Pools • Schools and Universities • Competition Pools • Faith Based Community Centers • Water Playgrounds • Public Facilities k r� Locations € -= HEADQUARTERS TEXAS 100 Park Avenue 6636 N Riverside Dr., Beaver Dam, WI 53916 Ste 500B T. 920.887.7375 Fort Worth, TX 76137 T. 682.708.7007 WWW.WTIVVORLD.CQM - Page 5 Page 109 of 547 MATT FREEBY , AIA , LEED AP , NCARB Project Director Matthew Freeby has a breadth of experience in the design and construction of numerous building types and structures; with overall responsibility for large project development, he has handled projects ranging from $1 million to $100 million. His project experience ranges from conceptual planning to construction management. Matt is relied upon to define project scope, goals and deliverables that support WTI's business goals in collaboration with senior management. He helps to determine and assess need for additional staff and/or consultants and make the appropriate recruitments if necessary during project cycle. A registered Architect in 22 states and a NSPF Certified Pool/Spa Operator, Mr. Freeby is a LEED Accredited Professional with an advanced depth of knowledge in green building practices and sustainable aquatic design and operations. Matt's attention to detail and persistent pursuit of excellence provides the industry benchmark in aquatic design. FEATURED PROJECTS Westport Weston Family Y-Westport, CT Linn-Mar Community School District- Marion, IA �. David E.G. and Patricia Miller Natatorium at Luther College - Decorah, IA LeMars YMCA & Recreation Facility- Le Mars, IA J I B.R. Ryall YMCA- Glen Ellyn, IL EDUCATION Northwestern University Norris Aquatic Center- Evanston, IL Master's Degree, Architecture Niles North High School - Skokie, IL Washington University Mundelein High School Competition Pool Replacement - Mundelein, IL 5t. Louis, Missouri Ping Tom Park Recreation Center- Chicago, IL Gienbrook North High School - Northbrook, IL Master's Degree, Civil Engineering, Glenbrook South High School - Glenview, IL Construction Management Orland Park Aquatic Center/Centennial Park- Orland Park, IL (1996 , 1998) Washington University Ray &Joan Kroc Corps Community Center- Quincy, IL 5t. Louis, Missouri Gwendolyn Brooks College Preparatory Academy- Chicago, IL Bachelor of Arts, Architecture Greater Decatur YMCA- Decatur, IL Prophetstown State Park Family Aquatic Center- Battleground, IN Washington University Deep River Waterpark - Crown Paint, IN 5t. Louis, Missouri Boll Family YMCA- Detroit, MI REGISTRATIONS Cook County Family YMCA- Grand Marais, MN Alexandria Area YMCA -Alexandria. MN AIA Architect: AL, AR, CA, DE, FL, Hl, Excelsior Springs MQ Community Center- Excelsior Springs, MO IN, LA, MI, MN, MO, NE, NJ, NM, NV, Olympic Swim Trial Pools- Omaha. NE NY, DK, RI, TN, UT, WA, WI Sunriver Owner's Association - Sunriver, OR LEED Accredited Professional David Douglas School District Pool Replacement- Portland, OR Beaverton OR Nike Campus Aquatic Center Renovation - Beaverton, OR Salvation Army Ray and Joan Kroc Corps Community Center-Salem, OR NSPF Certified Pool 1 Spa Operator Aberdeen Family Aquatic Center-Aberdeen, SD {CPO} Barcelona FINA World Championship 2913 - Barcelona. Spain PROFESSIONAL AFFILIATIONS Norfolk Southside Aquatic Center- Norfolk, VA American Institute of Architects (AIA) Haselwood YMCA- Silverdale, WA Snohomish Aquatic Center- Snohomish, WA National Council ❑f Architectural Lynnwood Recreation Center- Lynnwood, WA Registration Boards (NCARB} South Suburban YMCA- Milwaukee, WI Themed Entertainment Association (TEA) Page 6 Page 110 of 547 Scope of Services: The following scope of services is based on • conversation with City Staff and their needs as it relates to an aquatic • • master plan. We welcome the opportunity to further refine or define the scope to meet the client's unique needs. Kick-Off Meeting: Once the consulting team is chosen a kick-off meeting can be established within 2 weeks of receiving a signed contract. The focus of the kick-off meeting will be to address the following items: * Establish Lines of Communication * Establish a Steering Committee (if needed) * Confirm Schedule * Discuss Facility Goals The consulting team will also take this opportunity to develop a request of information that will be submitted to the client. The request for information would include, but not be limited to: * Previous or On-Going Planning Efforts * Organizational Chart * Rates of Compensation(full-time and part-time) * Vision&Mission Statement * 2-3 Years Budget History By collecting this information early, the team can synthesize the information and ask follow-up questions. Needs Assessment: The needs assessment is comprised of the market assessment and public input process. Market Assessment: A key component of the study will be to look at the demographic realities of the market that the facility will reside in. The demographic realities of the area will be important to determine program support in aquatic based activities. B*K utilizes data for Environmental Systems Research Institute (ESRI) and the National Sporting Goods Association(NSGA). * Establish Service Areas - Primary - Secondary * Key Demographic Indicators - Median Age - Median Income - Household Budget Expenditures - Recreation Spending Potential Index Page 7 Page 111 of 547 dft-V, * Other Demographic Markers - Population Distribution • • -Age Group Growth - Race/Ethnicity - Tapestry Segments * Participation Statistics -Unique Participation Percentage - Identification of Frequent, Occasional, Infrequent Use - Identification of Swimmer Days by Population - Cross Participation Data - Trend Data * Identification of Alternative Providers - Location -Amenities - Programs - Cost Public Outreach: B*K would propose conducting a public open house to engage the community and get their feedback on the aquatic facilities and programs offered by the City. The focus of the open house will be a self-guided experience focusing on at least three areas. The three areas B*K would propose are aquatic facilities, aquatic programs, and gaps in services. B*K will work with WTI to ensure appropriate imagery is used to help engage attendees. A similar process can be used virtually if social distancing is a requirement in the City. Aquatic Evaluation: WTI will consult with the City to document physical condition of the current aquatic facility and provide recommendations regarding inadequacies. WTI will conduct a non-destructive observation of the aquatic elements to form a professional opinion on necessary repairs, renovations, and replacements. WTI will perform the following tasks: * Conduct site visit and document current conditions * Identify deficiencies of aquatic components regarding current local health codes and industry standards. WTI will address the following components: - Pool Vessels - Pool Finishes - Pool Circulation Pumps, Fittings, Valves, Flow Meters, Gauges, and Controls - Pool Filtration System and Overflow Recovery System - Pool Water Chemistry Treatment System - Pool Deck Areas and Equipment * Pool Decks, including deck equipment * Limited building evaluation, for general impressions of building condition. WTI will review previous building study prepared by ISG with ISG and incorporate relevant information into this report. * Develop recommendations for repairs, renovations, and replacements. * Develop Rough Order of Magnitude (ROM) Aquatic Construction Budget regarding recommendations Page 8 Page 112 of 547 Usage Evaluation: Using information provided by the City, B*K will • conduct a usage evaluation of the two aquatic facilities in the City. • • Information that B*K will evaluation will include: * Attendance * Membership * Fee Schedules * Program Participation Program Recommendations: Having completed the needs assessment portion of the study B*K will begin to develop facility program recommendations that will be confirmed by WTI. Program recommendations will focus on: * Aquatic Components * Non-Aquatic Components * Revenue Generation by Component * Considerations for Finishes/Equipment WTI will consult with the City to assist in the development of an aquatic program consisting of prioritized aquatic goals, objectives, and intendent activities and ues of aquatic spaces and features. WTI will perform the following tasks: * Discuss and Confirm Aquatic Goals, Objectives, Activities, and Uses * Develop Aquatic Program and Capacities * Discuss Number of Pools, Pool Zones, and Depths * Identify Preliminary Water Activities and Features * Develop Rough Order of Magnitude (ROM) Aquatic Cost Opinion * Develop Aquatic Concept Plan Page 9 Page 113 of 547 gem, Operations Analysis: • An area of expertise for B*K is the development of accurate operational plans. To develop these plans B*K uses a time tested, 6-step process, for developing budgets, called Operational Performance Indicator Analysis, or OPiA. As a final step in the study B*K would apply that process to the information gathered. The end result of this process will be a detailed line item budget (expenses, revenues, capital replacement) along with a 5-year projection. Using this process, B*K has achieved an 80-85% accuracy rate for the budgets they have provided other clients. The steps in that process are as follows: * Attendance Estimates - Daily -Annually * Fee Structure - Drop-In - Multiple Admissions/Annual Passes - Family, Corporate, Group - Rentals * Sources of Income - Identification &Verification of Revenue Sources -Annual/Multiple Admissions - Programs & Services - Rentals - Other Revenue Sources * Operating Cost Projections - Develop a Line Item Budget - Personnel by Position - Contractual Services - Commodities - Capital Replacement * Revenue Generation Projections - Develop a Line Item Accounting -Admissions - Programs - Fees * Revenue Expenditure Comparisons - Cost Recovery Level * Project Recommendations/Profitability of Components - Marketing Strategy - Program/Service Considerations Page 10 Page 114 of 547 Final Report: • The final report will be developed as the project progresses and will be assembled in an easy to read easy to follow format. The report will contain the methodology used to arrive at the various findings contained in the report and will provide the overall aquatic master plan for the City of Waterloo. + - I 1 .... -_. .. ; _ MI6• .... ... ....... _ _, y i r Page 11 Page 115 of 547 Fee Proposal: Kick-Off Meeting $1,500 _A0 Market Assessment $6,000 Public Outreach $3,000 Aquatic Evaluation $8,000 Usage Evaluation $2,000 Program Recommendations $8,500 Operations Plan $9,000 Final Report $2,000 Project Sub-Total: $40,000 Reimbursable Expenses: To complete the scope of service, B*K will be on-site up to 3 times at an average of$1,500 per trip and WTI will be on site 1 time at an average of$750 per trip. Reimbursable expense are billed at cost+10%. Project Sub-Total: $5,775 Total Project Cost Not To Exceed: $45,775 The project team welcomes the opportunity to re-visit the scope of services and fee structure to ensure that it meets the needs of the client. Project Timeline: It is estimated that the project could be completed in 90-120 days from the time a signed contract is received. Page 12 Page 116 of 547 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy to approve the purchase of a 2019 Ford Econoline V1PW Van with sixteen(16) foot ramp, for the Sanitation Department, in the amount of$37,120, from Enterprise Truck Rental of Spring Lake Park, Minnesota. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Review of vehicle purchase Backup Material Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy to approve the purchase of a 2019 Ford Econoline SUBJECT: V1PW Van with sixteen(16) foot ramp, for the Sanitation Department, in the amount of$37,120, from Enterprise Truck Rental of Spring Lake Park, Minnesota. Submitted by: Submitted By: Randy Bennett, Publie Works Division Manager Recommended Action: Approve Resolution Summary Statement: This van will be used to deliver carts. Expenditure Required: $37,120.00 Source of Funds: Sanitation Fund - 525-15-5400-2117 Strategy 3.4 and 3.5: Identify and implement cost and resource saving Policy Issue: measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 117 of 547 VEHICLE. 6UY n th'$Vehicle Bud er's�rder{"Contras ,Ent rpri a ruclf Regi I sh II e for e, to Seller ed Buyer and Co-BB er7alt cbldectiV illy b eTe eato�ae" er". a Enterprise Zh sig o .p ny of Minnesota, LLC 7800 NE y�ay 45 SDrina Lake Park MN 55432 BUYER(S) SALESPERSON John Gebhardt DATE UNIT No. DLRSHP BUYER 02/02/2021 759D7J El 99K City of Waterloo A PURCHASE PRICE 36,995.00 BUYER B OPTIONAL PRODUCTS N/A STREET ADDRESS APT a B1 TIRE AND WHEEL 625 Glenwood StN/A 62 OTHER AMO CITY/STATE/ZIP NIA Waterloo, IA, 550703 B3 TRANSFER FEE NIA DAY PHONE EVENING PHONE C LESS:GROSS TRADE-IN ALLOWANCE ! NIA} 319 215-8080 1 BUYERS EMAIL ADDRESS,PLEASE SEE REVERSE FOR DETAILS D SUBTOTAL richard.stran e Waterloo-ia.or {APLUSB NUSC) 36 995.00 g E SALES TAX AND OR PURCHASE VEHICLE UNIA F TRRAA DEE-I-I N ESTIMATED PAYOFF N/A YMAKE/MOPELISERIEs/COLOR W G NET TRADE-IN 2019 FORD ECONOLINEXIPW 16'RAMP ALLOWANCE(CMINUSF) NIA V!N# H NET PRICE 1 I F I D I W E 1 3 1 F I S 1 4 1 K I D I C 1 3 1 2 1 7 1 7 5 (D PLUS E PLUS G) 36,995.00 MILEAGE LICENSE:NO. EXP.MO/YR OTHER CHARGES 37103 YBY7174 I DOCUMENTARY FEE 125.00 FINANCING OYES ®NO TERM(MOS.) J VEHICLE SERVICE 1 CONTRACT NIA SHOW LIEN TO: K GAP NIA ADDRESS L REGISTRATION ANIA M PLATE FEE NIA CITYISTATErZIP N WHEELAGE TAX NIA PTIONALPRODUCTS O LIEN FEE NIA P PUBLIC SAFETY VEHICLE FEE NIA O TRANSFER TAX NIA TRADE-IN VEHICLE R FEEETRANSFER NIA YRIMAKFJMODELISERIESIGOLOR S LATE TRANSFER PENALTY N/A T STATE DEPUTY VINE FILING FEE N/A U TRANSITTAX NIA LICENSE PYSTATE EXP,MONFt MILEAGE V TOTAL OTHER 125.00 PAYOFF TO ACCOUNT NO. W CASH SALE PRICE {H PLUS 37,120.00 VI X DOWN PAYMENT ADDRESS (INCLUDING CASH DEPOSIT OF) $ NIA ) NIA GTY/STATERIP Y LESS PREVIOUSLY COLLECTED NON-REFUNDABLE TRANSFER FEE NIA AMOUNT GOOD THRU Z BALANCE AT SETTLEMENT 37,12D.00 (W MINUS X MINUS Y) N/A Zi AMOUNT DUE 37,120.00 Powertrain Limited Warranty ("Limited Warranty"): If this box is Z2 AMOUNT TO BE checked ® , this Vehicle is cowered by Seller's 30 Day/3,000 Mille FINANCED NIA Limited Warranty.A copy of the Limited Warranty has been provided No Liability Insurance to Buyer(s). Please consult the Limited Warranty for a complete de- scription of its terms and conditions.A full copy of the written Lim- Included ited Warranty may be obtained from Enterprise Truck Rental 2775 Blue Waters Rd Ea an MN 55121 If this box is checked 0,the Vehicle is sold"As Is"with All Faults:BUYER UNDERSTANDS THAT THIS VEHICLE IS BEING SOLD "AS IS"WITH ALL FAULTS AND IS NOT COVERED BY ANY SELLER WARRANTY. BUYER UNDERSTANDS THAT THE SELLER IS NOT REQUIRED TO MAKE ANYREPAIRS AFTER THE PURCHASE OF THISVEHICLE. BUYER WIL0 El T1%PMY 47 FOR ANY REPAIRS THIS VEHICLE WILL NEED. II 1 � I I 1 I I I I I1 1 I 1 17. MANDATORY ARBITRATIOE AGREEME T: U�ER(or YO�)AND N;ER RISEITRUCK RENT L J'ETRy)E CSIiAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A LASS ACTION URSUANt TO THE FOLLO IN T€RMS. BUXER,At�Q ETF AGBETO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES`r��NY KIND ("CL411 l�GAINST EgCH�OTHER, IN Lt�11DINGi-136 NOT LIMITED TO,ALL CLAIMS RELATING TO THIS AGREEMEN AND THE O , ERTRAIN LIMITED WARRA TTT��y yW�HE HER SUCH CLAIMS ARO E BEFORE, DURING OR AFTER EXECUTION OF THIS AGREEMENT. THE PARTIES AGREE THAT Nd1CLA�MS W1 LLRASSERTED�IN A Y AEPR SENTATIVE CAPACITY ON A CLASS- WIDE OR COLLECTIVE BASIS AND THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION 0 DECIDE CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract,tort,statute,or any other legal theory between Buyer and ETR(or Buyer and ETA's officers,directors, employees or affiliates).However,either party may bring an individual action in a small claims court with valid jurisdiction.A party will waive the right to enforce this arbitration agreement against the other party with respect a Claim subject to this arbitration agreement by instituting or participating in an action on that Claim In a court of law. This waiver will not affect the right to enforce the arbitration agreement with respect to other Claims between the parties. (1) Procedure. A party must send a written Notice of Dispute("Notice")describing the nature of the claim and the relief sought to the other party. The Notice to ETR should be addressed to:Enterprise Truck Rental,General Counsel,600 Corporate Park Dr.,5t.Louis,MO 63105("Notice Address"). if the claim is not resolved within thirty(30)days of receipt of Notice,a party may commence an arbitration by filing a demand with the American Arbitration Association ("AAA")pursuant to Its Consumer Arbitration Rules in effect at the lime of demand,except that a single arbitrator will be selected according to AAA's Commercial Arbitration Rules. The AAA rules are available online at www.adr.org. The arbitration will be confidential and will occur in the jurisdiction where You purchased the Vehicle,unless the law requires otherwise. (2)Arbitrator's AuthoritX: The arbitrator is bound by this agreement, the Federal Arbitration Act("FAA") and AAA's Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope,interpretation,applicability,enforceability or formation of this agreement,including whether it is void. The parties agree that the arbitrator's decision and award will be final and binding and may be confirmed or challenged in a court with jurisdiction as permitted under the FAA.The arbitrator can award the same damages and relief as a court. (3) Arbitration Costs: Buyer will be responsible for his/her share of any arbitration fees(e.g.,filing,administrative),but only up to the amount of fees Buyer would incur if the claims were filed in court. ETR will be responsible for all additional arbitration fees. Buyer is responsible for all other costs/fees incurred in arbitration,e.g.,attorney fees,costs,etc. Buyer will not be required to reimburse ETR for any fees unless the arbitrator finds that the Buyer's claim(s)or the relief sought Is frivolous. If the arbitrator makes such a finding,AAA Rules will govern the payment of fees and ETR may seek reasonable attorney's fees. ETR will pay all fees and costs it Is required by law to pay. (4) Governing Law and Enforcement: The FAA applies to this Arbitration Agreement and governs whether a claim Is subject to arbitration. If any portion of this Arbitration Agreement is deemed to be invalid or unenforceable in any way,the remainder of the Arbitration Agreement remains in full force and effect. Except,If the class-arbitration waiver provision Is deemed unenforceable,any class action claim(s)must proceed in a court of competent jurisdiction. If the above agreement conflicts with any other arbitration provision In any other contract relating to the purchase of Your Vehicle,this Arbitration Agreement governs all claims between Buyer and ETR(and ETA's directors,officers,employees or affiliates). Page 119 of 547 CITY OF WATERLOO Council Communication Resolution approving award of bid to Marsden Building Maintenance of Des Moines, Iowa in the amount of $2,452.15 per month along with Alternate#2 -Parts 1 and 2, approving the contract, bond and certificate of insurance, in conjunction with the City of Waterloo Public Works Facility Janitorial Services Contract, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Form of Bids Backup Material Resolution approving award of bid to Marsden Building Maintenance of Des Moines. Iowa in the amount of$2,452.15 per month along with Alternate#2 SUBJECT: - Parts 1 and 2, approving the contract, bond and certificate of insurance, in conjunction with the City of Waterloo Public Works Facility Janitorial Services Contract, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution The current contract for janitorial services has expired. Janitorial services are Summary Statement: needed for the Public Works Facility-offices, conference rooms, break rooms, lock and restrooms, entryways and hallways. Expenditure Required: $2,452.15 per month plus Alternate#2 -Parts 1 & 2 Source of Funds: The cost is divided by percentage of facility used/housed by Road Use Tax, General and Sanitation funded departments. Strategy 3.4 and 3.5: Identify and implement proven cost and resource Policy Issue: saving measures an continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 120 of 547 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: $2,452.15 (Includes Consumables) Alternate#1 Bid (window washing): $480.00 Annual ($240.00 Per Occurrence) Alternate #2, Part 1 Bid (deep disinfection): $75.00 Per Man Hour (with ATP Testing) 55.00 Per Man Hour without ATP Testing) Note: $300.00 Minimum Per Occurrence Alternate#2, Part 2 Bid (electrostatic spraying): $0.05 Per Square Feet Note: 300.00 Minimum Per Occurrence Lance Sivertsen Business Development Manager (Company Representative Name) (Title) , 12/29/2020 (Company Representati Signature) (Cate) Marsden Bldg Maintenance, LLC (Company Name) Page 121 of 547 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: $3,464.27 Alternate Itl Bid (window washing): N/A Alternate#2, Part 1 Bid (deep disinfection): $1,116.44 per occurrence Alternate tt2,Part 2 Bid (electrostatic spraying): $839.38 per occurrence Mark Nordin Senior Branch Manager (Company Representative Name)/ (Title) �+ - 12/21/20 (Company Representative Signature) (Date) Page 122 of 547 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: $4,151.77 Alternate#1 Bid (window washing): Alternate#2, Part I Bid (deep disinfection): $85.00/hr. NTE$2,400.00 Alternate#2, Part 2 Bid (electrostatic spraying): $85.001hr. Included in above pricing. Larry McDowell District Manager (Company Representative Name) (Title) 12/27/20 (Co pany Representative signature) (Date) *Alternate#2: Our process is to first spray all surfaces,wait the dwell time and then using charging bucket and disinfectant damp wipe all surfaces. 3rd and final step is to go back&respray all surfaces with electrostatic sprayer. We extract all carpet to remove disinfectant. Only spraying dirty surfaces goes against CDC process and is not effective. Page 123 of 547 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as February 15, 2021 to approve the request by L and BB, LLC, for a Site Plan Amendment to the"R-3,R-P"Planned Multiple Residence District to allow for the development of six(6)residential lots for single family homes, and instruct the City Clerk to publish said notice. City Council Meeting:2/1/2021 Prepared: 1/19/2021 ATTACHMENTS: Description Type ❑ Staff Report Backup Material ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ Aerial Map FEMA 2011 FP Map Backup Material ❑ Aerial Map Preliminary FP Map Backup Material ❑ Site Plan Backup Material ❑ Previous Approved Site Plan Backup Material ❑ Pictures Backup Material ❑ Application Backup Material Resolution setting date of public hearing as February 15, 2021 to Q12rove the request by L and BB, LLC, for a Site Plan Amendment to the"R-3.R- SUBJECT: P" Planned Multiple Residence District to allow for the development of six (6)residential lots for single family homes, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request to set the date of public hearing as February 15, 2021 by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P"Planned Multiple Residence District to allow for the development of 6 residential lots for single family homes. The site was previously approved for 2 duplexes. The Site Plan Amendment increases the number of Summary Statement: approved residential units from 4 to 6, located southeast of 2950 Southland Drive. The Planning and Zoning Commission unanimously approved the request at their regular meeting on January 12, 2021. Expenditure Required: None Source of Funds: None required Page 124 of 547 Policy Issue: Zoning and Land Use Alternative: N/A The proposed site plan amendment area is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Panel Number 19013CO283F, dated July 18, 2011. However, it should be noted that FEMA's Preliminary Floodplain Map that has yet to be approved/adopted by the City of Waterloo and is not yet an effective floodplain map, notes that the site plan area will be entirely located within the 100-year floodplain. The applicant has already placed fill on the proposed site plan amendment area to bring it up to the FEMA proposed 100-Year floodplain. All the home sites will have a finished floor elevation of 874.2'. The site plan amendment area will have a base flood elevation of 873.2' once the FEMA preliminary map is approved/adopted by the City of Waterloo. Therefore the proposed development will meet all floodplain regulations and should be eligible for a Letter of Map Amendment (LOMA)to remove it from the floodplain status once the preliminary floodplain maps do become affective, which is not anticipated to happen until at least March of 2022. A site plan amendment for lots C-5 and C-6 received a recommendation of approval by the Planning and Zoning Commission on December 1, 2015 and approval by the City Council on January 11, 2016 with the passage of Ordinance 5327 to change the lot designation from commercial to residential to allow for two duplexes. A similar site plan amendment to allow for the construction of 6 single family homes on lots C-5 and C-6 was tabled by the Planning and Zoning Commission on November 14, 2017 and the application was later withdrawn by the applicant. Much of the opposition to that request was based upon drainage concerns and having lots filled in to raise the elevation of the Background Information: building sites. However, it should be noted that the lots were legally allowed to be filled in and lots C-5 and C-6 have subsequently been raised to an elevation of 873.2 feet and the finished floor elevation for each home site will be 874.2 feet or one foot above the base flood elevation for the proposed FEMA preliminary floodplain map. Therefore, staff recommends that the request by L and BB, LLC, for a site plan amendment in the"R-3,R-P"Planned Residence District located southeast of 2950 Southland Drive be approved for the following reasons: 1. The proposed use would appear to have a positive impact on the area by bringing additional housing on vacant land within a residential area. 2. The proposed use has a drainage design to properly direct storm water from the development, though the platting process. 3. The proposed use would not appear to have a negative impact on the area and would be compatible to existing development. The proposed development is within the density requirements as set forth in Page 125 of 547 the Zoning Ordinance for this particular zoning district. The area was previously approved for commercial uses, so single family homes would appear to be more compatible with and have a positive impact on the neighborhood. 4. The proposed use would not appear to have a negative impact on traffic and pedestrian conditions in the area, as the lots sit upon previously built local roads. Legal Descriptions: Lot C-5 and Lot C-6, Southland Park Third Addition, Waterloo, Black Hawk County, Iowa. Page 126 of 547 February 15,2021 REQUEST: Request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of 6 residential lots for single family homes. The site was previously approved for 2 duplexes. The Site Plan Amendment increases the number of approved residential units from 4 to 6, located southeast of 2950 Southland Drive. APPLICANT(S): L and BB, LLC, 1825 Jefferson Street, Waterloo, IA 50703 GENERAL The applicant is requesting to allow for the development of 6 DESCRIPTION: single family homes, just south and east of Charm Drive, and southeast of 2950 Southland Drive. SURROUNDING The request for a Site Plan Amendment would not appear to LAND USES AND have a negative impact upon the surrounding area. It would IMPACT ON appear that the proposed residential uses would blend in well NEIGHBORHOOD: with the surrounding neighborhood which consists of three commercial buildings, multi-family condominiums, twin homes, and single family homes. The average lot size of the six residential lots to the north is 24,497 square feet. The average lot size for the 6 proposed residential lots is 12,654 square feet. The lots are a little smaller, but well above the "R-3" minimum lot size of 6,000 square feet. The average lot size for single family homes within 250 feet of the project site is 20,776 square feet. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on the surrounding traffic conditions in the TRAFFIC area. The proposed development would be served by CONDITIONS: Southland Drive and Charm Drive, which are classified as Local Streets, and Highway 63, which is classified as a Principal Arterial. RELATIONSHIP TO The Sergeant Road Recreational Trail runs along the RECREATIONAL northwest side of Highway 63. TRAIL PLAN: ZONING HISTORY The area in question was rezoned from "A-1" Agriculture FOR SITE AND District to "R-3, R-P" Planned Residence District on November IMMEDIATE VICINITY: 24, 1975. The property in question is comprised of two lots that were originally designated for commercial use. A site plan amendment was approved by the City Council on January 11, 2016 to change the use from commercial to residential duplexes on lots C-5 and C-6, so a total of 4 units was approved. Surrounding land uses and their zoning designations are as follows: North — Commercial and Residential Development, zoned "R- 3,R-P" Planned Residence District. South — Residential Development, including multi-family condominiums, zoned "R-3,R-P" Planned Residence District. SPA Southland Park Lots C-5 and C-6 Page 1 of Wage 127 of 547 February 15,2021 East — Residential Development, zoned "R-3,R-P" Planned Residence District. West — Commercial Development, zoned "C-P" Planned Commercial District. BUFFERS Buffers will not be required due to the development being REQUIRED/ NEEDED: single family homes. DRAINAGE: The site plan amendment request would not appear to have an impact on drainage in the area. The site plan amendment denotes a 17,125 SF storm water detention area, a 50' drainage easement on the southeast portion of the property, and a 25' drainage easement on the southwest portion of the property. DEVELOPMENT The surrounding area consists predominantly of light to HISTORY: moderate density commercial and residential uses in the adjacent, nearby areas, with development occurring from the 1980s to the 2010s. FLOODPLAIN: The proposed site plan amendment area is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Panel Number 19013CO283F, dated July 18, 2011 . However, it should be noted that FEMA's Preliminary Flood Plain Map that has yet to be approved/adopted by the City of Waterloo and is not yet an effective floodplain map, notes that the site plan area will be entirely located within the 100-year floodplain. The applicant has already placed fill on the proposed site plan amendment area to bring it up to the FEMA proposed 100- Year floodplain. All the home sites will have a finished floor elevation of 874.2'. The site plan amendment area will have a base flood elevation of 873.2' once the FEMA preliminary map is approved/adopted by the City of Waterloo. Therefore the proposed development will meet all floodplain regulations and should be eligible for a Letter of Map Amendment (LOMA) to remove it from the floodplain status once the preliminary floodplain maps do become affective, which is not anticipated to happen until at least March of 2022. PUBLIC /OPEN Prescott's Creek is located 400 feet north of the site plan SPACES/ SCHOOLS: amendment area. Kingsley Elementary is located 3.5 miles to the northeast, Hoover Middle School is 2.7 miles to the northeast, and West High is located 3.1 miles to the northeast. UTILITIES: WATER, There is a 12" sanitary sewer line, 12" water line, and 15" SANITARY SEWER, storm sewer that is located within Charm Drive to the north STORM SEWER, ETC. and west of the proposed residential development. RELATIONSHIP TO The proposed development is not in conformance with the COMPREHENSIVE Future Land Use Map which designates this area as Mixed LAND USE PLAN: Commercial: Medium to High Density Residential; Professional Offices; and Neighborhood Commercial. SPA Southland Park Lots C-5 and C-6 Page 2 of Page 128 of 547 February 15,2021 However, the proposed site plan amendment is in conformance with the Comprehensive Plan which supports Land Use Goal Number 4, in which the community should work to offer a variety of housing opportunities to residents. The Future Land Use Map is used as a guide when making land use decisions. The City of Waterloo is currently in the beginning stages of updating its Comprehensive Plan and it may be necessary to change the Future Land Use Map to reflect the change in the proposed land use to a less intensive land use than it was originally approved for. STAFF ANALYSIS — The applicant is requesting to construct 6 homes along the ZONING south and east side of Charm Drive. The "R-3,R-P" Planned ORDINANCE: Residence District is site plan specific, and changes to the site plan must be approved through the major site plan amendment process. The area is zoned "R-3, R-P" Planned Residence District which is intended and designed to provide for greater flexibility and diversification of land uses. Staff believes that the new residential development will be compatible with and have a positive impact upon the surrounding neighborhood. A site plan amendment for lots C-5 and C-6 received a recommendation of approval by the Planning and Zoning Commission on December 1, 2015 and approval by the City Council on January 11 , 2016 with the passage of Ordinance 5327 to change the lot designation from commercial to residential to allow for two duplexes. A similar site plan amendment to allow for the construction of 6 single family homes on lots C-5 and C-6 was tabled by the Planning and Zoning Commission on November 14, 2017 and the application was later withdrawn by the applicant. Much of the opposition to that request was based upon drainage concerns and having lots filled in to raise the elevation of the building sites. However, it should be noted that the lots were legally allowed to be filled in and lots C-5 and C-6 have subsequently been raised to an elevation of 873.2 feet and the finished floor elevation for each home site will be 874.2 feet or one foot above the base flood elevation for the proposed FEMA preliminary floodplain map. The Planning and Zoning Commission unanimously approved the request at their regular meeting on January 12, 2021 . STAFF ANALYSIS — A subsequent plat will be forth coming for the proposed SUBDIVISION development of this site. ORDINANCE: TECHNICAL REVIEW COMMITTEE: Jamie Knutson with the City Engineering Department had SPA Southland Park Lots C-5 and C-6 Page 3 of Page 129 of 547 February 15,2021 questions regarding drainage issues with the site and indicated that he has received calls from neighboring property owners during heavy rain events. It was noted by Wendell Lupkes with VJ Engineering that the site will have a 17,125 SF storm water detention area, a 50' drainage easement on the southeast portion of the property, and a 25' drainage easement on the southwest portion of the property to address drainage concerns. Lupkes indicated that the applicant plans to apply for a Land of Map Amendment (LOMA) or Land of Map Amendment — Fill (LOMA-F) through FEMA to remove the site out of the 100-year floodplain. Lupkes indicated that he will add setbacks on the site plan to better illustrate the layout of homes for the proposed six lots. STAFF Therefore, staff recommends that the request by L and BB, RECOMMENDATION: LLC, for a site plan amendment in the "R-3,R-P" Planned Residence District located southeast of 2950 Southland Drive be approved for the following reasons: 1. The proposed use would appear to have a positive impact on the area by bringing additional housing on vacant land within a residential area. 2. The proposed use has a drainage design to properly direct storm water from the development, though the platting process. 3. The proposed use would not appear to have a negative impact on the area and would be compatible to existing development. The proposed development is within the density requirements as set forth in the Zoning Ordinance for this particular zoning district. The area was previously approved for commercial uses, so single family homes would appear to be more compatible with and have a positive impact on the neighborhood. 4. The proposed use would not appear to have a negative impact on traffic and pedestrian conditions in the area, as the lots sit upon previously built local roads. And subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. Including, but not limited to parking, landscaping, screening, drainage, etc. SPA Southland Park Lots C-5 and C-6 Page 4 of Page 130 of 547 City of Waterloo Planning, Programming and Zoning Commission February 15, 2021 jBlackHawk �. �GxGxEoa 1 Creek spa j 1 c' 63 ux o .TMExGxx � � Q g#g Pip ae o pi °>ayE og4�IrcixG O uA weG.xi \F��o - oi.xox on 1 Gt 1 0 e 20 �7 a +a Bl Ha k reek ! - °°�� u IgwsxnuuGax w.�x.x,�Gxx 1 1 63 a 1 1 i yu1111u1111u umuIIIuMIMuMIMII umumumu�.■�u�u�■.�n�u�.■�u�u�■u■uu�u�n�u�u�■uu� N Southeast of 2950 Southland Drive w E Site Plan Amendment s L and BB, LLC 1,000 500 0 1,000 Feet Page Page 131 of 547 City of Waterloo City Council February 15, 2021 2950 Southland Drive iw ' w Property requesting site plan amendment ' CHA .� 4 a ' a ; a � >eP CHA 4701 Twin Pines Drive P �q I i ♦, 1C R . . ... k O�0R�P ppo N Southeast of 2950 Southland Drive w E Site Plan Amendment s Aerial Map • L and BB, LLC Page 132 of 547 City of Waterloo City Council February 15, 2021 t : �o 2950 Southland Driveiw '' Property requesting site plan amendment \ i CHAR o ?oeP CHAP, Q a � V Ilk -)3 4701 Twin Pines Drive` P i i t, A S^-f N Southeast of 2950 Southland Drive W E Site Plan Amendment s 2011 FEMA FP Map • L and BB, LLC Page 133 of 547 City of Waterloo City Council February 15, 2021 2950 Southland Drive Property requesting site plan amendment so CHAR R r` 0� 5PR a CHARM D ,o 4701 Twin Pines Drive 1 os,�090\0?, �m N Southeast of 2950 Southland Drive W E Site Plan Amendment s FEMA Preliminary FP Map • L and BB, LLC Page 134 of 547 m o COQ � D A^ zD m 'S" sgti �° ti 1m O \\ s / , / 0�- oo V S � w O ►► ,� \ oo J ,►�(_- , PO lilt// / \ f ►i i\ \60 0 ► \ O -n (00 \ ` �\ ^' r i� \ • \ \ `\ I O� \ \ \ \ Z 0 CnO OC) 4h. 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SCD m .ZIZ ��J E A Rl m r Z r m ITI 0 O I'*1 N m > A C S N ° m < m r D dod m -0 m y ov � zo � pZ Om n � my ox � z vv � � Cp p mGD m zad DG 0 � m D n 0 p M v m o > z O m 00 SOUTHLAND PARK VJ Engineering N CL a N LOTS C-5 & C-6 IMPROVEMENTS 1501 Technology Parkway N = Ln o cr R—P SITE PLAN AMENDMENT Cedar Falls, Iowa — 319-266-5829 0 Cr revisions date;;, Page 135 of 547 SOUTH LAND PARK N 0 _ DETENTION BASIN DETAILS LOTS C 5 & C 6 _ —$ CONTROLLED RELEASE RATE M/ S M INTAKE DETAIL 6 CHARM D NOT TO SCALE - IMPROVEMENT-S '8,/ NVS DOT SW-512-24"R MVS ED N _ INLET ELEV=871.00 IDOT SW-604 TYPE 4A GRATE 0 TOP BERM=871.50 rn POND SIDE OVERFLOW EL =871.00 / f �_ 41 SLOPE \ / 1 �� 5 L.F.6"0 PVC PIPE 4:1 SLOPE SD / �—L €,4S€ME \ @0%FL=869.78 I �`�Qj�1 n _gEj,sACX Cly lGS I�NI�AA INSTALL EROSION 24 SEWER SER�T('C�STUB v/1\ �j STONE AROUND PIPE �S�'QOR/� (VERIFY LOC «<\\\\ S\ END TO OUTLET page 8 L.F.2"0 PVC PIPE @ 0%FL=869.00 12"0 HDPE868.90 scale Proposed Duplex \\\\ \�j\ 42"0 PRECAST BASE��T' DSUBBASE rQWno by 875 > FFE=874x2 \ \ \ ✓ JLK WEST DETENTION STORM WATER DESIGN NOTES n 4 e 60.50FT EXIST NG /. 1. DESIGN PARAMETERS: 1 27 2O 17 SANITARY SEVER A.EXISTING SITE-5 YEAR STORM/EXIS G SANITARY �� B.FULLY IMPROVED SITE-100 YEAR STORM 4MSTUB PLUGGED �Q E ER SERVICE STUB 2. ALLOWABLE SITE RELEASE(5 YEAR STORM)=1.56 CFS N SLOPE h P / 00 (VERIFY LOCA � � � ) IFY LOCATION) VE � 3. MAXIMUM STORAGE VOLUME REQUIRED 100 YR.=14,447 CUBIC FEET 4. DETENTION STORAGE PROVIDED:14,917 CU FT @ DESIGN POOL ELEV.=871.00 INSIDE SLOPE OF POND=4:1 T O T //\ 5 MAXIMUM PONDING DEPTH-2.0 FT a N L `�\\ `J \ 6. INSTALL OUTLET PIPES&STRUCTURES PER PLAN&DETAILS. Si /o/ / // NOTESCONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST REVISION OF -N �/ `� SUDAS AND THE LATEST EDITION OF THE CITY OF WATERLOO'S SUPPLEMENTAL c o ROP SED / Proposed Duplex I\\ \ SPECIFICATIONS. SID ALK � O FFE=874,2 \ / LC a 3 cb^/// �5 6 2. DISTURBED AREA = 2.078 ACRES. V o / 10 PROPOSED 5' \ 3. ALL CONTRACTORS SHALL CONDUCT THEIR OPERATIONS IN A MANNER THAT > ~ EXTENDED CONTROLS POLLUTANTS, MINIMIZES EROSION, AND PREVENTS SEDIMENTS FROM y DRAINAGE \ ENTERING WATERS OF THE STATE AND LEAVING THE PROJECT SITE. 874 $1`L EASEMENT \ LA LL_ eP�; i 4. RESTORE ALL SURFACES DISTURBED BY CONSTRUCTION RELATED ACTIVITIES TO LOT C — 6 / NEW OUTLET CONTROL A CONDITION AT LEAST EQUAL TO THAT IN WHICH THEY WERE FOUND BEFORE / / O/ 4T E 512 W//SW-6014 WORK COMMENCED. USE SUITABLE MATERIALS AND METHODS FOR \ = RESTORATION. IM 873.00 U /10� 6"0 IN=869 5. ALL BUILDING PADS ARE TO BE BROUGHT UP TO AN ELEVATION OF AT LEAST 2"0 2" IN=869.0.0 0 THE 100–YR FLOOD ELEVATION OR HIGHER � 12"0 OUT=868.90 6. ALL TREES IN THE WAY OF RE–GRADING ARE TO BE REMOVED AS �Z ^� \ NECESSARY. 7. EXISTING SCREENING EASEMENT TO BE VACATED. 8. STORM SEWER SHALL BE PROVIDED WITH CLASS F-3 TRENCH BEDDING PER SUDAS SW-103. N 50'DRAINAGE \ \ 6 / I— EASEMENT \\ / 9. ALL WATER SERVICE STUBS ARE PROPOSED AND SHALL COMPLY WITH SUDAS\ I?SECTION 5010. LLJ 0'DRAINAGE 10. PROPOSED CONTOURS REPRESENT TOP OF FINISHED GRADE.\ o EASEMENT W \ / 11. ROUGH FILL ESTIMATE = 7,200C.Y. Y a_ OPOSED 5' Q I N ( / I/ TENDED NORTH DRAINAGE I hereby certify that this engineering document was EASEMENT prepared b me or under m direct personal supervision 11 \ \ \ESS I/p��'o,, and that I am a duly licensed Profesional Engineer under Z °"° 9� %�� the laws of the State of Iowa. NOTES 1. THE LOCATION OF UTILITIES INDICATED ON THE _��o° Licensed J LO Q y J DRAWINGS ARE TAKEN FROM EXISTING PUBLIC IOWA t, =z 22647 _ U J RECORDS. THE EXACT LOCATION AND ONE CALL °" Daniel M. °� DANIEL M. ARENDS, P.E. DATE F— N ELEVATION OF ALL PUBLIC UTILITIES SHALL BE �� License number 22647 w DETERMINED BY THE CONTRACTOR. IT SHALL QLL- 800/ 292-8989Arends OTOLL FREE , °°° � M license renewal date is December 31, 2018 J fn�SCERTAIN WHETHERE THE DUTY FANY ADDTHE �1 TONAL CUTLITIES BEFORE-YOU-DIG ''/ \\ y 0 25 50 100 — Pages or sheets covered by this seal: OTHER THAN THOSE SHOWN ON THE Page 5547 1178063DRAWINGS MAY BE PRESENT. a $= FEATURE LEGEND M NTAKE CH RM D b • PROPERTY CORNER FOUND PROTECTION tJS NVS ® SECTION CORNER FOUND � �_ q�51 WAL ( �j 100.00 DIMENSION OF SURVEY o g75� / � �� K \ \ (100.00) DIMENSION OF RECORD v2 l / \ -COMM- EXISTING COMMUNICATION L €ME3�� — G — EXISTING GAS SD ONSTRUCTION — ST — EXISTING STORM SEWER �� q �a / f ���111LQ1�IG_SEZBAGIL AXI NGSQNI AAR�RY \ y� '� SEWER SER�TG'C�STUB ^?.\ w� ENTRANCE —SAN— EXISTING SANITARY SEWER (VERIFY LOCATION) s\ NTAKE — T — EXISTING TELEPHONE page ��� \\ PROTECTION = C = EXISTING CABLE sca e //1 /�/ Proposed Duplex \ � E EXISTING ELECTRIC 1:50 875/ �� / / / FFE=8742 \�� — W — EXISTING WATER drawn by AK —OHU— EXISTING OVERHEAD UTIL. JLK NT — FO — EXISTING FIBER OPTIC 60.50FT EXIST�NG / �1 \`\ ROTECT date SANITARY SE ER / \� PP / —�� EXISTING FENCE 11 27 201 STUB PLUGGED ((( / EXIS G SANITARY '9 Al X EXISTING LIGHT POLE 0.4%SLOPEE ER SERVICE STUB (VERIFY LOCA ) qP RIFY LOCATION) EXISTING UTILITY POLE 00 J � j © EXISTING ELECTRICAL BOX LO EXISTING MANHOLE �p LOT J / \ EXISTING FIRE HYDRANT 0 N ) x EXISTING WATER VALVE 3 � jT / N EXISTING GAS VALVE a ECTIO / P TT16yl/j T❑ EXISTING TELEPHONE PED. a M EXISTING TREE •(D M I ROP SED ��G� Proposed Duplex 10TON \ \ —000— EXISTING CONTOURS -2 � PROPOSED CONTOURS SID ALK O -874.2 ER •r" 0 ST /// \\ 00 w t 3 solL T N PROPOSED 5' \ XOOO.00 PROPOSED GRADES 0 STOCKPILE T N AREA �1� ��ffyE EXTENDED \ \ X000.00 EXISTING GRADES DRAINAGE \ PROPOSED SILT FENCE 2 EASEMENT \ O p LOT C >� O O SILFENC 76Ld0 \ NOTES l.T\� \ FN / 1. EROSION AND SEDIMENT CONTROLS SHALL BE INSTALLED, MAINTAINED, AND Z \� 8� p / l REMOVED IN ACCORDANCE WITH SUDAS SECTION 9040 AND THE FOLLOWING FIGURES: Q FILTER BERM AND FILTER SOCK: FIGURE 9040.102 J 50'DRAINAGE \ / (n EASEMENT \ -ROLLED EROSION CONTROL PRODUCTS(RECP): FIGURE 9040.103 AND 9040.104 11-_ \ \ ,�� WATTLE: FIGURE 9040.105 w O i4' SILT FENCE: FIGURE 9040.119 AND IDOT EC-201 M a_ 50'DRAINAGE STABILIZED CONSTRUCTION ENTRANCE: FIGURE 9040.120 W\ Z EASEMENT INTAKE PROTECTION: IDOT STANDARD ROAD PLAN EC-204 p O \ / Y d U &) / � 2. CONTRACTOR SHALL DETERMINE THE LOCATION ON THE PROJECT SITE, INSTALL, AND w M OPOSED 5'� Z ( / gXTENDED UPDATE LOCATION ON SWPPP PLAN THE FOLLOWING: � NORTH I I �/ DRAINAGE STABILIZED CONSTRUCTION ENTRANCE EASEMENT SOIL AND TOPSOIL STOCKPILE AREAp U 0 CONSTRUCTION MATERIALS AND EQUIPMENT STORAGE AREA Z d N \ WASTE DISPOSAL AREA �\ \ 86 PORTABLE TOILET J L y J CONCRETE WASHOUT AREA 2 V Z SPILL KIT ~ O SWPPP MAILBOX 000 N -1 w 0 25 50 100 Page 137 of 547 [178063) North of 4701 Twin Pines Drive — Site Plan Amendment T. ..� _ �. # .. �' � � *` �� — •a'i� 'fes. .EL r ' Looking southwest from the northeast corner of the property along Charm Drive. fi ,I El v:l it.s tir Looking south from Charm Drive at the northeast corner of property. Page 138 of 547 4f .5 5 IL W R _ Looking east from Charm Drive. 4 i Looking east along Charm Drive at recently built homes. Page 139 of 547 - Looking east Charm Drive. I Looking south alongDrivePeaks Page .•e , of r , bd Looking east from Charm Drive. �Y Looking at the southeast of the project area along the fence line Page 141 of 547 - �' a•�J "1' �may'�'t-.moi � - �� - . '/. Looking d- the project area or north of the condos Page 142of 4 4 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C "B-P", GiS_1" OR"C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building 0 Minor change J_(check one) (Minor Change must be approved by staff) 1, APPLICATION INFORMATION: a. Applicant's name(please print): L and BB, LLC Address: 1420 W Airline Hwy Phone: 319-232-0677 .Fax: City: Waterloo State: IA Zip: 50703 Email:cbeckman(cDchampionmotorsinc.com b. Status of applicant: (a)Owner(b)Other (SELECT ONE): If other explain: c. Property owner's name if different than above(please print): _ Address: Phone: Fax: City: State: Zip: Email: 2, PROPERTY INFORMATION: a. General location of site plan to be amended: Southland Park 3rd Addition - Charm Drive b. Legal description of property or portion to be amended: Lot C-5 and Lot C-6. Southland Park s Third Addition, Waterloo, Black Hawk County, Iowa c. Dimensions of proposed site plan amendment:229.33' x 410.4' d. Area of proposed site plan amendment: 2.40 Acres e. Current zoning: R-3, R-P f. Reason(s)for site plan amendment and proposed use(s)of property: To divide existing lots into 6 residential lots and place detention basin f g. Conditions(if any) agreed to(does not affect existing conditions unless specified): -propose extending drainage easement additional 5 feet -eliminate existing screening easement 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 i (separate from site plan amendment request). The filing fee of$200(for new or overall amendment),$100(for individual Building),or$0 (for minor change) (payable !' to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will k require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. ? -W&ature Applicant Date Signa hue wner Date Page 143 of 547 CITY OF WATERLOO Council Communication Resolution setting the date of a public hearing as February 15, 2021, to approve a request by the City of Waterloo to vacate and convey approximately 1.70 acres of excess right-of-way to M.T. Co., LLC, in accordance with a property exchange agreement, with the retention of a utility easement, located south of 3470 West Airline Highway, and instruct City Clerk to publish said notice. City Council Meeting:2/1/2021 Prepared: 1/19/2021 ATTACHMENTS: Description Type ❑ Council Letter Attachments Backup Material ❑ Plat of Survey Backup Material Resolution setting the date of a public hearing as February 15, 2021, to approve a request by the City of Waterloo to vacate and convey SUBJECT: approximately 1.70 acres of excess right-of-way to M.T. Co., LLC, in accordance with a property exchange agreement, with the retention of a utility easement, located south of 3470 West Airline Highway and instruct City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to set the date of public hearing as February 15, 2021, to approve a request by the City of Waterloo to vacate and convey approximately 1.70 acres of excess right-of-way to M.T. Co., LLC in accordance to a property exchange agreement, located south of 3470 West Airline Highway and instruct City Clerk to publish notice. The City worked with M.T. Co., LLC to obtain a sanitary/storm sewer easement on the west 60 feet of their property at 3470 West Airline Highway, and in exchange for that, the City would vacate the right-of-way to them. By M.T Co., LLC donating the easement to the City this allowed the extension of new sewers to serve the areas to the north and open up land to the west of the airport for new development potential. M.T. Co., LLC has signed a Summary Statement: property exchange agreement with the city and that agreement will go before the City Council the same time when the vacation of the right-of-way is up for vote. Research was done and the area in question was purchased by the Waterloo Airport Commission in 1943 to establish the airport and an easement was granted to the state in 1964 when Airline Highway used to be US Highway 20. Therefore, the original owner of the property before it was a highway was the City of Waterloo, so the land does not have to be offered back to the City. Page 144 of 547 There are utilities in vacate area, including a public sanitary sewer and a utility easement shall be retained over, under and upon the entire area. Expenditure Required: None Source of Funds: N/A Policy Issue: City owned right-of-way This area of right-of-way is no longer needed for right-of-way purposes and Background Information: When vacated, it would allow the property owner to expand their vehicular use area, however, no permanent structures could be built in the vacated area due to the retention of the easement. Parcel"I" of Plat of Survey filed March 31, 2020 as Doc. No. 2020-16830 and more particularly described as: That part of the Southeast Quarter(SE 1/4) of Section Five (05), Township Eighty-nine North(T89N), Range Thirteen West(R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the South Quarter(S 1/4)corner of aforesaid Section Five (05); thence N00°02'12"E Thirty-three and One Hundredths (33.01) feet along the West line of aforesaid Southeast Quarter(SE 1/4)to a line Thirty- three (33.00) feet North of and parallel to the South line of said Southeast Legal Descriptions: Quarter(SE 1/4) and to the point of beginning;thence continue N00°02'12"E Ninety-three and Two Hundredths (93.02) feet still along said West line to a line One Hundred Twenty-six(126.00) feet North of and parallel to said South line;thence N88°56'14"E Seven Hundred Ninety-five and Thirty Hundredths (795.30) feet along said parallel line to the Southwest corner of Parcel"A", Misc. Book 297, Page 615 in the Black Hawk County Recorder's Office; thence SO1°04'25"E Ninety-two and Ninety-nine Hundredths (92.99) feet along the Southerly extension of the West line of said Parcel"A" to aforesaid line Thirty-three(33.00) feet North of and parallel to the South line of the Southeast Quarter(SE 1/4);thence S88°56'12"W Seven Hundred Ninety-seven and Eleven Hundredths (797.11) feet along said South line to the point of beginning containing 1.70 Acres, with the retention of a utility easement over, under and upon the entire area. Page 145 of 547 February 11,2020 REQUEST: Request by the City of Waterloo to vacate approximately 1 .70 acres of Airline Highway south of 3040 Airline Highway APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL Request by the City of Waterloo to vacate approximately 1.70 DESCRIPTION: acres of surplus right of way. IMPACT ON The request to vacate will not have an negative impact on the NEIGHBORHOOD & surrounding neighborhood. SURROUNDING LAND USE: VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular traffic in the area as the area to be TRAFFIC vacated is not needed as city right-of-way. CONDITIONS: RELATIONSHIP TO The nearest trail is located in George Wyth State Park which RECREATIONAL located south of US Highway 218 and there are no sidewalks TRAIL PLAN and in the area. COMPLETE STREETS POLICY. ZONING HISTORY The site is zoned "M-1" Light Industrial District and has been FOR SITE AND zoned as such since the adoption of the zoning ordinance in IMMEDIATE VICINITY: 1969. Neighboring land uses and zoning: North — Agricultural and the Waterloo Airport zoned "M-2,P" Planned Industrial District South — Industrial zoned "M-1" Light Industrial District. East — Industrial zoned "M-1,C-Z" Light Industrial Conditional Zoning District and "M-1" Light Industrial District. West —Industrial zoned "M-1" Light Industrial District. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT Industrial buildings built between 1968 and 2019. HISTORY: FLOODPLAIN: This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0167F PUBLIC /OPEN Lincoln Elementary School is located 2.47 miles to the SPACES/ SCHOOLS: southeast, Central Middle School is located 3.26 miles to the south, and East High is located 4.67 miles to the southeast. The nearest open space is George Wyth State Park located to the south of US Highway 218. Vacate-Airline Highway Page 1 of 3 Page 146 of 547 February 11,2020 UTILITIES: WATER, There is a 12" Sanitary Sewer Line, water main, overhead SANITARY SEWER, electrical lines, and a possible gas line located in the section STORM SEWER, ETC. to be vacated therefore an easement will need to be maintained after the vacate. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial, COMPREHENSIVE and this request would be in compliance with the Future Land LAND USE PLAN: Use Map and Comprehensive Plan. STAFF ANALYSIS — The city is requesting to vacate 1 .70 acres of Airline Highway ZONING right-of-way. A portion of the right-of-way was acquired when ORDINANCE: there was a proposal to add a frontage road to Airline Highway. Additional portions of the right-of-way to be vacated were for the possible expansion of Airline Highway when it was US Highway 20. There are utilities in the vacate area therefore an easement will need to be maintained over the vacate area. On December 4, 2018 the Planning, Programming and Zoning Commission voted to vacate 65,490 square feet of the right of way located immediately to the west of this vacate request. The vacate request was approved by the City Council on January 22, 2019 with Ordinance 5479. On December 3, 2019 the Planning, Programming and Zoning Commission voted to vacate 7,445 square feet of Airline Highway Right of way located just to the east of the December 4th, 2018 vacate. The vacate request was approved by the City Council on December 16, 2019 with Ordinance 5531. STAFF ANALYSIS — The applicant is not looking to subdivide the property. SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate 2.12 acres of Airline Highway right-of-way located south of 3040 West Airline Highway be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. 4. The right-of-way to the east was previously vacated, and the area is not needed for right-of-way purposes. Vacate-Airline Highway Page 2 of 3 Page 147 of 547 February 11,2020 With the following conditions: 1. That an utility easement be maintained under, upon, and above the proposed vacate. Vacate-Airline Highway Page 3 of 3 Page 148 of 547 City of Waterloo Vacate Request 3470 West Airline Highway 1� t r I � n 4 Ilk tm r„r. rittR Ali IRLINE HWY Area to be Vacated F �x x- r �l rr-d< 1 "VIPTA CD W*N South of 3470 West Airline Highway E Vacate s City of Waterloo 250 125 0 250 Feet Page 149 of 547 Right-of-Way Vacate — 3470 West Airline is EAL" Looking west along West Airline Highway Looking west along Airline Highway from from driveway of 3470 West Airline Hwy. the driveway of 3470 West Airline Hwy. ,y Looking north at 3470 Airline Highway. Looking east from the driveway of 3470 West Airline Highway. Page 150 of 547 City of Waterloo Planning & Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property Applicant: (fX1�1 gF (,),n-7^C Gress: `-?1'S M lJl.� $1 Phone No.: �[�-hof I- General Description of Property to Vacated(i.e.-alley between A St. &B St., South of C St.): Legal description of area to be conveyed,vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: ( y-k cam!t12v- ))4-crt-Zd AeH-� 5. Other: Please provide sit plan n or aerial photo of the area to be vacated if the request involves additional as a reaso f r the request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 151 of 547 Page 1 of&., N II ll I II Ii l 1 II III I I I I Il ilk II�III!I!l� - Dorc ID: 009791400002 Type: GEN Fee Amt $1.2, 00 /Pape itof1•; 2020 0243:56 A INDEX LEGEND o Black Hawk County Iowa General Pascriptlon: Part of the SE 1/4, Sectlon 05—TB9N—R13W, Waterloo m 5ANDX)~ L. SMITH RECORDER - Surveyor. David L Schell ( 16775) � File 2020-000 .6830 Surveying Company: Wayne-Claossen Engineering ec Surveying, Inc. 2705 University Avarice (P.O. Box 1396) tl F Waterloo, low. 50704 V (319)235-6294 0 Survey Requested By: City or Waterloo (Tim Andera) Proprietor:City of Waterloo PLAT OF SURVEY SHEET 1 OF 2 Parcel "I" LEGAL pE5CR1Pi70N Parcel '°i" That part of the Southeast Quarter (SE 1/4) of Section Five (05), Township Eighty--nine North (T69N), Flange Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the South Quarter (S 1/4) corner of aforesaid Section Five (05); thence NOO'02'12"E Thirty—three and One Hundredths (33.01) feet along the West line of aforesaid Southeast Quarter (SE 1/4) to a line Thirty—three (33.10) feet North of and parallel to the South line of said southeast Quarter (SE 1/4) and to the point of beginning; thence continue NO0102112"E Ninety—three and Two Hundredths (93.02) feet stiff along said West line to a Hne One Hundred Twenty-six (125.00) feet North of and parallel to said South line; thence N66'56'14"E Seven Hundred Ninety—five and Thirty Hundredths -(795.30) feet along said parallel line to the Southwest corner of Parcal "A", Mise. Boats 297, Page 615 Fn the Black Hawk County Recorder's Office; thence SO1'04'25"E Ninety--two and Ninety—nine Hundredths (92.99) feet along the Southerly extension of the West tine of sold Parcel A" to oforesold line Thirty—three (33.00) feet North of and parallel to the South line of the Southeast Quarter (SE 1/4); thence S66'56'12"W Seven Hundred Ninety—seven and Eleven Hundredths (797,11) feet along said South line to the point of beginning containing 1.70 Acres. , to NOTES: r. 1. The basis of bearings for this Piot of Survey is the rTt Saath line of the Southeast Quarter (SE 1/4) assigned a z bearing of SB6'56'l2"W as per Iowa State Plane Coordinate System, North Zone, 2011 adjustment. J N I This Plat or S w;slon h een reviewed by (City of Waterloo) 3 r2. W2,) Signature of (City of Waterloo) Date Zoning Ordinance Administrator CERTIFICATION a`"v`a�µprurfrne^pan„' I hereby certify that this land surveying document was prepared and the related r ® S� err survey work woo performed by me ar under my direct personal supervision and • ......o., r that I am a'duly Licensed Land Surveyor under the laws of the Slate of Iowa. C Q' * 4•��~^ Date of Survo March 12, 2D20 F t LICENSED Y 1, 776 p Signature:E (' �Q�. ,'/A��N,avid L Schell, JJ.f(l '.'t ! Bate: !Vn✓ Lk (Z 20 License No. 16775 � S Pages or Sheet.Covered by this Seal: Z My license renewal date Is December 31, 2020 FIELD BOOK 740-41 Pdge 152 of 547 Page 2 of 2 •ti WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704--0898 (FAX) 319-235-0028 ® PLAT OF SURVEY ° S}iEET 2 OF 2 Parcel Part of the SE 1/4, Section 05-T89N-R13W, Waterloo, Black Hawk County, Iowa .°W o t2 U z M I 0 100 Survey for: City of Waterloo (Tire Andera) va Proprietor: City of WaterlooE= Q= N o . s , oLO zm 1 INCH = 100 FEET A N (,ZL'9B£-1,£0,£D,1 D5} ,94'96£-3,00A5 (,LO"99) ,99 I \M a azo Es l a d _ Y o ) Irk NM N N r a m !n A W (,66'z5-3,9Z,4D 1D5) 3 I N Q r rn N 1 �O � 4 m 11 y rr s tS �a r ] Lb N n r $ ft SURVEY LEGEND: Z • DENOTES FOUND PIN & YELLOW I r CAP 48033 N (UNLESS NOTED OTHERWISE) % O DENOTES 1/2' X 24° STEEL REBAR W/RED PLASTIC CAP W/NO. 16775 SET 000.00 DENOTES RECORD DIMENSION - (000.00) DENOTES FIELD DIMENSION 000.00* DENOTES RECORD DIMENSION AS PER SURVEY BY R. SCHENK (#3641) SIGNED JANUARY 14, 1969. Itl DENOTES FIRE HYDRANT N DENOTES WATER VALVE 8�\a o ,tom n'L5 �VO[n �O N In—M 3 N z Goo£s a.a 1,ao.00N) o z 00 4� .,9B'£90L 153M N m 3 w�n FIELD B001< 740-41 L . '9ge 153 of 547 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 1, 2021 to approve the University Avenue Area Urban Renewal and Redevelopment Plan, setting date of consultation with affected taxing entities as February 12, 2021, and instruct City Clerk to publish said notice. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type University Avenue Area Urban Renewal and Backup Material Redevelopment Plan Documents Resolution setting date of public hearing as March 1, 2021 to approve the SUBJECT: University Avenue Area Urban Renewal and Redevelopment Plan, setting date of consultation with affected taxing entities as February 12, 2021, and instruct City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The University Avenue Area Urban Renewal and Redevelopment Plan is being proposed to be adopted as a new economic development TIF area of the City of Waterloo to help encourage redevelopment and spur development activities now that the University Avenue road reconstruction project is nearing completion. This would appear to be the best model to Summary Statement: accomplish economic development of this area. Adoption of an urban renewal plan requires a consultation with taxing entities, which is proposed to be held on February 12, 2021. The Planning, Programming and Zoning Commission will review the proposed amendment at their regular meeting on February 9, 2021. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 154 of 547 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: January 26, 2021 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Adoption of the University Avenue Area Urban Renewal and MEMBERS ................ Redevelopment Plan MARGARET KLEIN Ward I Staff is proposing the adoption of a new Urban Renewal and Redevelopment Plan JONATHAN (and TIF District) along the University Avenue corridor and adjacent areas. The GRIEDER purpose of the Plan and TIF District is to capitalize on the redevelopment of the Ward University Avenue road reconstruction project and spur and assist in development PAT of the area. Please find attached a map of the proposed TIF District, and a copy MORRISSEY of the proposed Plan. Ward 3 JEROME If you have any questions on the amendments, please contact our office. AMOS Ward 4 RAY Respectfully, FEUSS Ward 5 dr�2dt�� SHARON JUON Aric A. Schroeder, At-Large City Planner DAVE BOESEN At-Large WE'RE WORKING FOR YOU! Page 155 Of 547 An Equal Opportunity/Affirmative Action Employer g CAST111 LE ST Rq�N 218 Z Attachment A - University Avenue Area ST � R LU BURY RD O p 218 OAKCRESTD� 1 �= R 20 Development Plan Area T.I.F. District y W U MAYFAIR ST a j— A/NBOw Q �-A� 218 E I �� W �- p J A/NBOwO X92 218 O0� J Z OAK PARK CIR HARROW RD co nR R� O LESY O �^� PLEA Q NT-VALLEY DR PLEH- C W OIND 218 S� °o ff r WEMBLEY RD EPPING PL ADDS C Q w R 218 �- GONG�R RIVER RD PA RK o _ - a R GH AVE m o ¢ O v JOY i- 218 ORO R n D �, �- m �' a 218 S� FIELD_ST Q W� W �' Z W p a R ~ _J_1 oP�� --- S'o 0 0 ACORN LN �P z = ,� O W R a 218 NL TM III I I LU p v � �� N 218 JAY�LN III III III I LL MAYNARD AVE i W—J=Q Q RW MAYNARD AVE O 0 m z w p w 0 Q Q�'Li218 R/V Ji m � = w O = OO S� R`U, ER RD z cn O w g m ro p J L O 218 O' p r=-- iY 2 �' _ O Q UPTON AVE ¢ Q Y �a cj� U J QO m p U/V/V 11 W 2 �SHA LN y z BAUCH ST o f Y' 218 L�/2 n ERS/Ty'A� U COACHMAN DR }, Q �� FST O w m w I = n STRATFORD AVE--Co w > Q > 218 OSS UN/VE m w0 Q p x Q ¢ o w Q_ U mac° p wA), RS/TyAVE 2 m p Q m w o It (D e 218 Q T�� r CqR :70 W Q cn r W Z Y � O', ��<i �� F< ZQ Y W v 218 F OR U�ViL p o m II II Z w Z ro D ROCK ISLAND AVE W 218 w �, � = Q w z M A/"T 9y°R MIDWAY DR U �� w Z k Q R�OOO w 218 ��<O FLOWER ST Q = Q z w F4< l qVF O = 9L� Z 218 ScFN/ TUNS rUNIS \� C7 <O�E q FALLS AVE-FALL SA�.4 FP��S NPVE CSgVE FA<<S Y BECKAVE� 218 C_DR:SCENICDR C� RST��egRq�F g TrT' z �� ¢ RN/'Lc oJi _ ��1 tigRrM Q j 218 q� GREENHILL RD HILL RD �O 9VE ¢ U�C9 9NgV Q-FALLS AVE JQ SAGER AVE SAGE RAVE�SAGERAVE=� O SFNF Z z a � � � � ��/Fn///AZO = 0 218 \ C) �Q SAGERAVE cq 9V J m m LJ O HP ��C��v 'ODI DR � c S40 E m p G'L�G ` �= - J`m JANNEYAVE JANNEYAVE JANNEYAVE >�J J� 218 LIJO FR91�F :�. Ica ro cgQs�m Q W W �P �90 218 p ¢ w AGER AVE T 0 PFJ ¢ ¢ Q ADAZR ARK DR Q Z p z ¢ w i-I Lu 9�F °o W p W J ¢ TUB'CEl W RQ �` UNIVERSITYAVE UNIVERSITYAVE d TT DR cc 0 W Y UCl) O p i- -w W UNIVERSITYAVE = 6�P'�UNIVERSITYAVE�UNIVERSITYAVE O ¢ W ¢ W Q p U �_WI- W —� C� O Z w Q ONAWA DR p 2 c=n Z 1 �p p 63 v~i (3 iii "'----- O p DOWNING AVE Q DOWNING AVE - -ASPEN CT DOWNING AVE DOWNING AVE EMM O Z pQ j 63 iY— DELIMIATRO RD O 00 Q_LUNAR\,V.�� 0= z FTI w RUSHST- >_ ST Z �Z= > O � m l .Tl� 63 FF P = m /NGERSOLL'RD �4Z 0- ' ~ GARDENAVEIENAVE GARDEN AVE"GARDJAVE Cn¢ BLACKHAWKRD�OW G U QMU W 63 O p �' 63 ;A DR PG�rP OZ: Y VALDEZ DR �,-THIE It �pEGATHLON�U HUNTINGTON.RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD ���0 m Legend A0 0.5 1 Miles o��P Q Proposed University Avenue Area TIF OSP F nTTFFM I I I I I TMTI-F n Attachment A - University Avenue Area ms ACO RNLNACORNLNACORNLN' Development Plan Area T.I.F. District - Zoom 1 C-MAX, AV � . LU JAY LN v� MA RD AVE MAYNARD AVE —� JQv cc W k W p p W Q � W p z vii' T: m II CZ7 W W m r z�� w S O r U LIPTON AVE 3 W Q U/V/V � �< cj�• p m00 ERS/T 1'q VF n G1-- UN/V ¢'f COACHMALLI N DR A SHADY LN yq VE _ = O m G) z LCROSSWAYDRrp �//V/VERS/7yq�E z c9R'QiyG, A� y I=I Q F cn 15p Uj UN/VEj,,S/T y< R c9 W Q Q zi ¢ y o M o Ali�c R'S'i p z g R�CHLAND DR c~i� co w �cFtii Q Z � 2 H RICHLAND O (� °o R MIDWAY DR Q NiL Q d Q 2 FLOWER ST F S/TY m co' t''r ALF =IV - 0 `SCEiVj 2i �� CDR SCENIC DR a ��ul-C/RUNIS CIR- W NIL�R ,rQ: m G r GREENHILL'RD 'GREENHILL RD GREENHILL RG~ GREENHILL RD GREEN _ SAGER AVE SAGER AVE SAGERAVEa SAGER AVE Sic r z j�-, M � p SAGERAVE LU JODI DR W z d F Legend w� w I _� � .W w S,C/)co AV,Fw lftz A MARK DR m� •. r. QProposed University Avenue Area TIF r � r J 0 300 600 Feet 218 218 Attachment A - University Avenue Area Development Plan Area T.I.F. District - Zoom 2 218 218 - 218 r 218 a ti 10-p 218 `: 1 41 0 IV D41 W R �O 1 '0 218 s - , m 3 wDR�ti NBOw 218 'D 218 m JOY pR JOY DR SOY = 218 / OROUGH AVE Co 218 Q, — 7 ; ro LU rr � _ MAXINE AVE = 18 W PJ� O O OSP 2 E- N MAXI 218: 2180✓�g� W� 0 Z m MAYN RD AVE 218 Q - Q 0 j Z `. O 218 J Q Q 2 Q __LIPTON AVE LIPTON AVE O UPTON AVE ' LIPTON AVE 218 = Q n BA—UCH ST BAUCH ° SHADY LN SHADY LN O z p Y m CI) o = STRATFORD AVE Q w W A Q�.! Q Z 2 � . , p� W Q m O ° O C7 g L Q Co BISMARKAVE ~ - Y w Q �r LU O Q Z w q _w _ O Q OR ¢ J m HM'VV O PVE 3 2 W W Y Q O ygR�O 61V41�c�s/T w r_, j PVE ALL A S S . FALLS AVE6 FALLS AVE FALLS FTTP AVE FALLS AVE FPL gVFFq<<SqV� PN ALABAR A V TM- q'QTM o� Legend r q" G� � q LVF , 600 Feet Proposed University Avenue Area TIF 0 300 m1 } 4 AS WV MAYNARD Attachment A - University Avenue Area RRD.4�VEA,RD R%V W UPTONAVE < Development Plan Area T.I.F. District - Zoom 3 p ERR° R'VERR�, IzzI w t. Q rj, O 218 a � � Ir Z � 218 CO ¢ W Q Y Q 218 W O ZO J e 218 Q �2�5, ✓! � f' ' BISMARKAVE Y W �r a Q r o 218 J Y 218 �STX/�a� W RV OOH AVE ROCK ISLANp qL 218 .$ o hgR�o o J ¢ c vE FALLS q V DDgIiF W O = ) 218 o sA q<<s. ALL ,qV 2 218 0 z F F`444s. W NqR u COLL �IJ BECKAVE ¢ vE gVFFq` wDODgV F 218 PR�MPN F ygRT"'gti �Sq�FFq` E :, _ 1 218 J;, N qVF �Sq (D 5 �O, o m . y IiFFgCCs` j,' QP 218 9G rn gliF FALLS AVE q��s���,.. 0� 218 rn m ` tigRPMq = Fq<<Sql� 218 Uj m z f• Nq` F ¢ n JANNEYAVE R` Uj y ;y m a W t W IPJ G� 218 218 218 218 _ o W mLU ¢ UNIVERSITYAVE' UNIVERSITY✓E" UNIVERSITY AVE UNIVERSITY AVE UNIVERSITYAVE�UNIVERSIT,Y,AVE UNIVERSITY W rlrn UNIVERSITYAVE - . T LLJ 63 r m 'n O z m m 63 s3 W mor n.`., C DOWNIN Legend r <_ M_ a� N z r-,� r -,• m -C r� � � ,..- 63 A _ _ Proposed University Avenue Area TIF 0 300 600 Feet � e 159 5 r ,. SHADY LN Attachment A - University Avenue Area ST, Development Plan Area T.I.F. District - Zoom 4 A m p Z J B� 2187-1 Q BISMARK AVE, Q w J N OBD ROCK•ISLANDAVE Z W ARV ROCK•ISLANDAVE Q o ygR�00agtr w o FALLS 4VFFq<G S F z W J = P, o Y U �E ~ Ca FA��S YAVFF=.�: w w FALLS AVE FALLS AVE C/) AGGSgLU VF � NAR�MA RTMgNgV FgGGS I w HARTMAN A VE J-11J o r FgGG U W W � _y. SqV� W LU E i_ �ygRT,yGq i _ A• n LUF m rt JANNEYAVE m JANNEYAVE � W w -I GZZiL O ;+, -r, z, t, .� 1- W n W r A 0m ' v Q J UNIVERSITYAVE UNIVERSITYAVE UNIVERSITYAVE O - ;. UNIVERSITYAVE UNIVERSITYAVE J�Q o p m r s7. DOWNING AVE DOWNING AVE Q m DOWNING AVE_ DOWNING AVE— G� rr T3 O LUNARLN �D Q •o ��,P GARDEN AVE GARDEN AVE C) r�BLACK HAWK•RD Q�� W 0 W �. _ 'OECATHL0 HUNTINGTON RD O � ZP m = LU IN RD 0s Legend 63 N ASAVE Proposed University Avenue Area TIF 0 300 600 Feet Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA, 50703 319-291-4366 Return to preparer after recording. UNIVERSITY AVENUE AREA URBAN RENEWAL AND REDEVELOPMENT PLAN (2021) Page 161 of 547 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Comprehensive Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, the need exists to stimulate economic development through the expansion of existing business and industry and the attraction of new business and industry. These activities will further diversify and increase the property tax base and will increase employment opportunities. The 2010 Plan also states that the redevelopment of the community should continue to be a major economic thrust for the City of Waterloo. The City desires to actively pursue the build-out and redevelopment of the University Avenue area through platting,providing new,upgraded and improved infrastructure, and utilizing public-private partnerships. The University Avenue Area Urban Renewal and Redevelopment Plan presents a proposal for initiatives in the University Avenue area and will also allow tax increment revenue to be used as incentives for the development of the area and implementation of the Plan. These incentives would be negotiated and approved on a project-by-project basis at future dates. To achieve the primary objectives of this plan, the City of Waterloo shall undertake the urban renewal actions as specified in this Plan,pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 162 of 547 TABLE OF CONTENTS I. UNIVERSITY AVENUE AREA URBAN RENEWAL AND REDEVELOPMENT PLAN A. DESCRIPTION OF PROJECT B. COMPREHENSIVE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. PROJECT FUNDING II. PROJECT BUDGET A. NARRATIVE B. CHAPTER 15A LOANS OR GRANTS C. TAX INCREMENT FINANCING D. PROPOSED TIMING SCHEDULE III. LEGAL DATA—ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PRELIMINARY PROJECT BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING& ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING 2 Page 163 of 547 I. UNIVERSITY AVENUE AREA URBAN RENEWAL AND REDEVELOPMENT PLAN A. Description of Project 1. Boundary Map (See Attachment"A") 2. Boundary Description (See Attachment`B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed University Avenue Area Urban Renewal and Redevelopment Plan area(Project Area) the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating,purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the University Avenue Area Tax Increment Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for 3 Page 164 of 547 the economic development and redevelopment of the area. (2) Encourage investment in existing residential, commercial, and industrial uses and in vacant land in the University Avenue area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and retail, destination retail, and other attractions and attract new retail, destination retail, other attractions, and industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, site redevelopment, environmental analysis and cleanup, removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the University Avenue area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, traffic control,parking, skywalks, street amenities, etc., which may be necessary as the area is developed. B. Comprehensive Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. C. Encourage investment in the area. 4 Page 165 of 547 d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan, including the Future Land Use Map, in that both strive to: a. Maintain the City's role as a regional center of retail, destination retail, as well as commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. C. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers,parking, traffic control, streetscape amenities, skywalks, etc. C. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. 5 Page 166 of 547 g. The City may use tax increment financing to achieve a more marketable and competitive land-offering price, to provide for necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. i. The City may provide tax rebates to developments as outlined in this Plan. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projected demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. C. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. d. To gain sites for higher and better land use for redevelopment through the acquisition and demolition of vacant buildings, underutilized buildings, incompatible land uses, and similar circumstances. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion 6 Page 167 of 547 of the property acquired by it for the purpose of redevelopment in accordance with the goals and objectives of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. University Avenue Area Goals/Projects Over time,project agreements will be developed to outline specific features of projects that meet the objectives of the Plan. Known and anticipated projects are listed in Attachment"D". The projects described in the following paragraphs of this subsection 3 are expected to increase the retail traffic in and around the University Avenue area from residents and visitors and to add to the property tax base of the community. The following is a summary of projects: a. Infill of the Project Area (goal) i. This project includes the development of land within the Project Area, including vacant parcels and underdeveloped and underutilized properties to be rehabilitated and/or redeveloped. b. Redevelopment of the University Avenue and Greenhill Drive intersection area(goal) i. This project includes the development of land at the intersection of University Avenue and Greenhill Road. While there is some excellent development presence here, there is also an irregular configuration and potential excess right of way that could be incorporated into additional development. C. Redevelopment of strip malls and larger big box type sites for rehabilitation or reconstruction of larger buildings and potential outlot creation. Such sites may include (but are not limited to)the former Kmart building at 3810 University Avenue, the former Hobby Lobby building at 3731 University Avenue, the former Hy- Vee Grocery Store building at 4000 University Avenue, the former 7 Page 168 of 547 JoAnn Fabrics building at 2829 Falls Avenue, and the Papa John's building and adjacent strip mall at 1622 University Avenue (goal). d. Continuing evaluation of all roads and traffic patterns throughout the Project Area(goal) i. This project includes the potential reconstruction, reconfiguration, and adding of lanes or right-in, right-out access points, median improvements, etc., for roads within the Project Area. This could include University Avenue, Midway Drive, Progress Avenue, South Hackett Road, Greenhill Road, Falls Avenue, Sager Avenue, Ansborough Avenue, Fletcher Avenue, frontage roads, and general locations along corridors for access improvements such as median cuts. As more development continues in the overall area, it is vital to continue to make accommodations to handle additional development access points and to address issues of safety, turning, and congestion due to increased traffic in the area. e. Potential flood plain mapping and planning for development, as well as drainage way improvements (project) i. This project includes the potential need for studying, reviewing, and making potential improvements involving any lands located in the flood plain throughout the Project Area. Any such improvements would work to improve the capacity and conveyance of flood waters through the area, while also working to maximize further site development for construction of roads, other necessary infrastructure, bridge improvements, and future project development. f. Acquisition of excess right-of-way or excess property from State of Iowa, private property owners, or other entities within the Project Area. (project) i. As construction, redevelopment, and potential reconfiguration of roads continue as development progresses throughout the area, it may be possible for land identified as excess right-of-way or excess property to become available for additional development. The City 8 Page 169 of 547 would work with private developers to review and analyze this land for potential acquisition and development. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds,potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Project Area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the Project Area. 2. If it is deemed necessary for the successful implementation of the Plan to acquire any properties, land acquisition procedures will follow the policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment"E") E. Procedures for Changes in the Plan 1. This Plan may be modified at any time provided (a) it is done in accordance with Iowa Code Chapter 403, (b) the proposed plan modification is reviewed by the Waterloo Planning, Programming and Zoning Commission (for boundary amendments) and(c) a public hearing is held by the Waterloo City Council. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development relocation staff. (Current policy attached as Attachment «F„) 9 Page 170 of 547 G. Project Funding 1. The current estimated uses of tax increment revenues for urban renewal project activities are summarized in Section II, Project Budgets, of this Plan, and further detailed in Attachment"D". The eventual level of City participation in both private and public improvements for the development of the Project Area cannot be fully determined at this time. However, to the extent that new increment revenues are generated and other appropriate funding sources are identified, the City may undertake other project-related activities in the future. 2. At the present time, it is anticipated that future City tax increment collections for all project-related activities within the Project Area will not exceed $11,100,000 in aggregate amount during the term of this Plan. As described herein, proceeds of such tax increment collections are currently expected to be used to pay debt service bonds, make economic development grants and property tax rebate payments to private developers, and reimburse the City for any other project-related costs incurred in connection with the development of the Project Area. 3. For updated information about unused bonding capacity for the City of Waterloo, see Attachment"C" attached hereto. II. PROJECT BUDGET A. Narrative The University Avenue Area Urban Renewal and Redevelopment Plan includes the area as described in Attachment"B". As each project is developed, the City Council may enter into a specific project agreement which, after public hearing, will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be determined at this time. The following projects will be developed,but specific project budgets cannot be determined because specific locations are not currently available. However, preliminary budgets for known projects are listed in Attachment"D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen 10 Page 171 of 547 amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten(10) years, or twenty(20) years for monumental projects. The developer may use these funds in two ways: (1)to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2)to pay the cost of improvements (street and/or parking improvements, etc.) associated with enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and must increase the annual tax by a minimum of$500.00. This program is not applicable to any Self-Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, sidewalks, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or to enter into loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued or entered into by the City. Tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 11 Page 172 of 547 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers,bridge improvements,parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same, such as through demolition- related activities, for sale to private developers or for public purposes or public improvements; 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, or other state, federal, or local grant and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA -ATTACHMENTS See Attachments A-K, listed in the Table of Contents above. 12 Page 173 of 547 CAST111 LE ST Rq�N 218 Z Attachment A - University Avenue Area ST � R LU BURY RD O p 218 OAKCRESTD� 1 �= R 20 Development Plan Area T.I.F. District y W U MAYFAIR ST a j— A/NBOw Q �-A� 218 E I �� W �- p J A/NBOwO X92 218 O0� J Z OAK PARK CIR HARROW RD co nR R� O LESY O �^� PLEA Q NT-VALLEY DR PLEH- C W OIND 218 S� °o ff r WEMBLEY RD EPPING PL ADDS C Q w R 218 �- GONG�R RIVER RD PA RK o _ - a R GH AVE m o ¢ O v JOY i- 218 ORO R n D �, �- m �' a 218 S� FIELD_ST Q W� W �' Z W p a R ~ _J_1 oP�� --- S'o 0 0 ACORN LN �P z = ,� O W R a 218 NL TM III I I LU p v � �� N 218 JAY�LN III III III I LL MAYNARD AVE i W—J=Q Q RW MAYNARD AVE O 0 m z w p w 0 Q Q�'Li218 R/V Ji m � = w O = OO S� R`U, ER RD z cn O w g m ro p J L O 218 O' p r=-- iY 2 �' _ O Q UPTON AVE ¢ Q Y �a cj� U J QO m p U/V/V 11 W 2 �SHA LN y z BAUCH ST o f Y' 218 L�/2 n ERS/Ty'A� U COACHMAN DR }, Q �� FST O w m w I = n STRATFORD AVE--Co w > Q > 218 OSS UN/VE m w0 Q p x Q ¢ o w Q_ U mac° p wA), RS/TyAVE 2 m p Q m w o It (D e 218 Q T�� r CqR :70 W Q cn r W Z Y � O', ��<i �� F< ZQ Y W v 218 F OR U�ViL p o m II II Z w Z ro D ROCK ISLAND AVE W 218 w �, � = Q w z M A/"T 9y°R MIDWAY DR U �� w Z k Q R�OOO w 218 ��<O FLOWER ST Q = Q z w F4< l qVF O = 9L� Z 218 ScFN/ TUNS rUNIS \� C7 <O�E q FALLS AVE-FALL SA�.4 FP��S NPVE CSgVE FA<<S Y BECKAVE� 218 C_DR:SCENICDR C� RST��egRq�F g TrT' z �� ¢ RN/'Lc oJi _ ��1 tigRrM Q j 218 q� GREENHILL RD HILL RD �O 9VE ¢ U�C9 9NgV Q-FALLS AVE JQ SAGER AVE SAGE RAVE�SAGERAVE=� O SFNF Z z a � � � � ��/Fn///AZO = 0 218 \ C) �Q SAGERAVE cq 9V J m m LJ O HP ��C��v 'ODI DR � c S40 E m p G'L�G ` �= - J`m JANNEYAVE JANNEYAVE JANNEYAVE >�J J� 218 LIJO FR91�F :�. Ica ro cgQs�m Q W W �P �90 218 p ¢ w AGER AVE T 0 PFJ ¢ ¢ Q ADAZR ARK DR Q Z p z ¢ w i-I Lu 9�F °o W p W J ¢ TUB'CEl W RQ �` UNIVERSITYAVE UNIVERSITYAVE d TT DR cc 0 W Y UCl) O p i- -w W UNIVERSITYAVE = 6�P'�UNIVERSITYAVE�UNIVERSITYAVE O ¢ W ¢ W Q p U �_WI- W —� C� O Z w Q ONAWA DR p 2 c=n Z 1 �p p 63 v~i (3 iii "'----- O p DOWNING AVE Q DOWNING AVE - -ASPEN CT DOWNING AVE DOWNING AVE EMM O Z pQ j 63 iY— DELIMIATRO RD O 00 Q_LUNAR\,V.�� 0= z FTI w RUSHST- >_ ST Z �Z= > O � m l .Tl� 63 FF P = m /NGERSOLL'RD �4Z 0- ' ~ GARDENAVEIENAVE GARDEN AVE"GARDJAVE Cn¢ BLACKHAWKRD�OW G U QMU W 63 O p �' 63 ;A DR PG�rP OZ: Y VALDEZ DR �,-THIE It �pEGATHLON�U HUNTINGTON.RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD HUNTINGTON RD ���0 m Legend A0 0.5 1 Miles o��P Q Proposed University Avenue Area TIF OSP F nTTFFM I I I I I TMTI-F Attachment B University Avenue Area Urban Renewal and Redevelopment Plan Legal Description Beginning at a point on the centerline of Midway Drive (also currently a point on the Westerly Corporate Limits of the City of Waterloo), and its intersection with the Westerly extension of the South line of Lot W-7 Cedarloo Park; thence East along said extension of the South line of said Lot W-7, and the South line of said Lot W-7 to the Southeast corner of said Lot W-7; thence East along the North line of Lot 6 of Centennial Addition and the North line of Lot 5 of Centennial Addition to an angle point on the North line of said Lot 5; thence N0017'1 VE 70.00 feet; thence S89°42'49"E 85.00 feet; thence N00°17'11"E 300.00 feet to the South line of Acorn Addition; thence Easterly along the South line of Acorn Addition to the Westerly right-of-way line of Progress Avenue; thence due East to the Easterly right-of-way line of Progress Avenue; thence Southerly along said Easterly right-of-way line of Progress Avenue to the North line of Lot W-115 of Cedarloo Park; thence East along the North line of said Lot W-115 to the East line of said Lot W-115; thence South along the East line of said Lot W-115 to the South line of Pine Meadows Addition; thence East along said South line of Pine Meadows Addition to the West line of Forrest Hill Subdivision; thence South along said West line of Forrest Hill Subdivision to a point on the North line of Lot 21 of Forest Hill Subdivision; thence Southeasterly along the Southerly line of Lot 17 of Forest Hill Subdivision to the present Westerly right-of-way line of South Hackett Road; thence North along said present Westerly right-of-way line to its intersection with the Westerly extension of the centerline of Maynard Avenue; thence Easterly along said Westerly extension and the centerline of Maynard Avenue to the West line of Lawless Addition; thence South along the West line of Lawless Addition to the Northwest corner of Paul's Replat; thence South along the West line of Paul's Replat to the North line of Tract A of Paul's Replat; thence East along said North line to the West line of H. Ray Hughes Addition; thence South along said West line to the Southerly most line of H. Ray Hughes Addition; thence East along said Southerly most line to the West line of Carriage Hill 2nd Addition; thence South along said West line to the Southerly line of Carriage Hill 2nd Addition; thence Southeasterly along the Southerly line of Carriage Hill 2nd Page 09cde 175 of 547 Addition and the Southerly line of Carriage Hill to the West line of Carriage Hill 3rd Addition; thence South along said West line to the North line of Minard's University Avenue Addition; thence East along said North line to the East line of Minard's University Avenue Addition; thence South along said East line to the Southeast corner of Lot 2 of Minard's University Avenue Addition; thence East 138.3 feet to the Westerly right-of-way line of Stephan Avenue; thence due East to the West line of Lot 46 of Hansen-Noble Addition; thence South along the West lines of Lot 46 and Lot 45 of Hansen-Noble Addition to a point on said West line of Lot 45 that is 51 feet North of the Southwest corner of said Lot 45; thence Southeasterly to a point on the South line of said Lot 45 that is 17 feet East of said Southwest corner; thence East along said South line to the Northwest corner of Lot 23 of Hansen-Noble Addition; thence South along the West line of said Lot 23 to the Southwest corner of said Lot 23; thence East along the South line of said Lot 23 to the Southeast corner of said Lot 23; thence East to the Southwest corner of Lot 2 of Hansen- Noble Addition; thence South along the West line of Lot 1 of Hansen-Noble Addition 5.2 feet; thence East along a line that is 5.2 feet normally distant from the North line of said Lot 1 to the West line of Lot 16 of Block 4 of Kreb's Addition; thence North along the West line of said Lot 16 to the Northwest corner of said Lot 16; thence Easterly along the Northerly line of said Lot 16 to the Northeast corner of said Lot 16; thence North along the East lines of Lot 15 and Lot 14 of Block 4 of Kreb's Addition to the Northeast corner of said Lot 14; thence Easterly to the Northwest corner of Lot 14 of Block 5 of Kreb's Addition; thence East along the North line of said Lot 14 to the Northeast corner of said Lot 14; thence South along the East line of said Lot 14 to the Southeast corner of said Lot 14; thence East along the south line of Lot 33 of Block 5 of Kreb's Addition to the Southeast corner of said Lot 33; thence Easterly to the Southwest corner of Lot 10 of Block 6 of Kreb's Addition; thence East along the south line of said Lot 10 to the Southeast corner of said Lot 10; thence Northerly along the East line of Kreb's Addition to the Northeast corner of Lot 1 of Block 6 of Kreb's Addition; thence East along the South line of the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 21, T89NR13W to the East line of the West 660 feet of said SW '/4 of the NW '/of the SE '/4; thence North along said East line to the South line of the North 30 acres of the Northeast 1/4 of the Southeast 1/4 of Section 21, T89NR13W; thence East Page de 176 of 547 along said South line to its intersection with the Southerly extension of the East right-of-way of Aladdin Street as platted in Nelson Addition; thence North along said Southerly extension and East right-of-way of Aladdin Street as platted in Nelson Addition to the Northwest corner of Lot 6 of Block 1 of Nelson Addition; thence West to the Northeast corner of Lot 1 of Block 2 of Nelson Addition; thence Northerly to the Southeast corner of Lot 18 of Block 4 of Aladdin Addition, said point also being on the Westerly right-of-way of Aladdin Street; thence Northerly along said Westerly right-of-way of Aladdin Street and a Northerly extension of said Westerly right-of-way of Aladdin Street to the Northerly right-of-way of Upton Avenue; thence East along said Northerly right-of-way of Upton Avenue to the East line of Clyde Miller Heights; thence North along said East line of Clyde Miller Heights and the East line of Zelmar 1st Addition to the centerline of Rainbow Drive as presently established; thence Northwesterly along said centerline of Rainbow Drive to its intersection with a Northeasterly extension of the Southeasterly line of Lot 41 of Zelmar First Addition; thence Southwesterly along said Northeasterly extension to the Easterly most corner of said Lot 41; thence Northwesterly along the Northeasterly lines of Lot 41 and 42 of Zelmar First Addition and the Northeasterly lines of Lots 1 thru 7 of Clyde Miller Heights Second Subdivision to the Northerly most corner of said Lot 7; thence Southerly and Southwesterly along the Westerly and Northwesterly lines of said Lot 7 to the Southwesterly corner of said Lot 7; thence Southwesterly along an extension of the Northwesterly line of said Lot 7 to the centerline of Joy Drive; thence Northwesterly along said centerline of Joy Drive to its intersection with a Southerly extension of the East line of Lot 7 of Block 1 of Clyde Miller Heights; thence Northerly along said Southerly extension of the East line and the East line of said Lot 7 to the Northeast corner of said Lot 7; thence Northeasterly along the Southeasterly line of Lot 3 of Block 1 of Clyde Miller Heights to the Northeasterly line of the Southwesterly 89.2 feet of said Lot 3; thence Northwesterly along said Northeasterly line to the Northwesterly line of said Lot 3; thence Northeasterly along the Northwesterly line of said Lot 3 to the Northeasterly corner of Lot 2 of Block 1 of Clyde Miller Heights; thence Northwesterly along the Northeasterly line of said Lot 2 to the Northwest corner of said Lot 2; thence North along the West line of Lot 1 of Block 1 of Clyde Miller Heights to the Northwest corner of said Lot 1; thence North along an extension of said West Page cde 177 of 547 line to the centerline of Rainbow Drive; thence Northwesterly along the centerline of Rainbow Drive to its intersection with a Southerly extension of the West line of Lot 9 of Auditor's Whitney Road Plat; thence North along said Southerly extension and the West line of said Lot 9 to the Northwest corner of said Lot 9; thence Northwesterly along the Northerly lines of Lot 10 and Lot 11 of Auditor's Whitney Road Plat to the Northwest corner of said Lot 11; thence North to the Southwest corner of Lot 12 of Auditor's Whitney Road Plat; thence North along the West line of said Lot 12 to the Northwest corner of said Lot 12; thence East and Southeasterly along the Northerly lines of said Lot 12 to the Northwest corner of Lot 4 of Sherwood Park; thence Southeasterly along the Northerly lines of Lots 4, 3, 2 and 1 of Sherwood Park to the Northeast corner of said Lot 1; thence North to the Southeast corner of Lot 5 of Sherwood Park; thence Easterly to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly along the Southwesterly lines of Lots 25 thru 45 of California Subdivision to the Southeast corner of said Lot 45; thence Southeasterly to the most Westerly corner of Massey Pullman Diner Plat; thence Southeasterly along the Southwesterly line of Massey Pullman Diner Plat to the Southeasterly corner of said Plat; thence Southeasterly to the Southwest corner of Lot 1 of Congress Addition; thence Southeasterly along the Southwesterly lines of Lots 1 and 2 of Congress Addition to the most Southerly corner of Lot 2 of Congress Addition; thence South on an extension of the most Easterly line of said Lot 2 to the intersection with the centerline of the Railroad (formerly known as the WCF&N Railroad); thence Westerly following said Railroad centerline to its intersection with a Northerly extension of the West line of the East 10 feet of Lot B of Hummel Addition; thence Southerly along a Northerly extension of the West line of the East 10 feet of said Lot B, and the West line of the East 10 feet of said Lot B to its intersection with a Westerly extension of the South line of Lot 8 of Harry Hummel's Subdivision of Lot C of Hummel Addition; thence East along said Westerly extension to the Southwest corner of said Lot 8; thence South along the West line of Harry Hummel's Subdivision of Lot C of Hummel Addition and a Southerly extension of said West line to the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the centerline of the platted alley between Lot 1 and Lot 71 of Galloway First Addition; thence South on the centerline of said alley(crossing Stratford Avenue and Bismark Avenue)to Page'Pgcde 178 of 547 the centerline of Harwood Avenue; thence Northeasterly and Southeasterly along the centerline of Harwood Avenue to the centerline of the platted alley between Lot 170 and Lot 171 of Galloway First Addition; thence North along the centerline of said alley to the centerline of Bismark Avenue; thence East along the centerline of Bismark Avenue to the centerline of Magnolia Parkway; thence South and Southwesterly along the centerline of Magnolia Parkway to the centerline of the platted alley between Lot 349 and Lot 408 of Galloway Addition; thence Southeasterly along the centerline of said alley(crossing Wallgate Avenue, Englewood Avenue and Knoll Avenue)to its intersection with a Southwesterly extension of the Northwesterly line of Lot 375 of Galloway Addition; thence Northeasterly along said Southwesterly extension, said Northwesterly line, and a Northeasterly extension of said Northwesterly line to the centerline of Harwood Avenue; thence Northwesterly along the centerline of Harwood Avenue to the centerline of the platted alley between Lot 315 and Lot 316 of Galloway Addition; thence North along the centerline of said alley(crossing Rock Island Avenue) to the centerline of Bismark Avenue; thence East along the centerline of Bismark Avenue and an Easterly extension of the centerline of Bismark Avenue to the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 as presently established to the Northwesterly right-of-way line of the former Chicago Great Western Railroad; thence Southwesterly along said Northwesterly right-of-way line to the centerline of University Avenue as presently established; thence Westerly along the centerline of University Avenue as presently established to the centerline of the alley as platted in Block 34 of Hagerman Place; thence Southwesterly along the centerline of said alley to the centerline of Howrey Avenue; thence Northwesterly along the centerline of Howrey Avenue to the centerline of Joder Avenue; thence Southwesterly along the centerline of Joder Avenue to the centerline of Knoll Avenue; thence North along the centerline of Knoll Avenue to its intersection with an Easterly extension of the South line of Lot 19 of Block 30 of Hagerman Place; thence Westerly along said Easterly extension, said South line, and a Westerly extension of said South line to the centerline of the alley in said Block 30; thence North along the centerline of said alley(crossing University Avenue) to its intersection with the Westerly extension of the North line of Lot 12 of Block 19 of Hagerman Page�*gcde 179 of 547 Place; thence Easterly along said Westerly extension and the North line of said Lot 12 to the Northeast corner of said Lot 12; thence East to the Northwest corner of Lot 11 of Block 18 of Hagerman Place; thence East along the North line of said Lot 11 to the Northeast corner of said Lot 11; thence East to the Northwest corner of Lot 12 of Block 18 of Hagerman Place; thence East along the North line of said Lot 12 to the Northeast corner of said Lot 12, said point also being on the Westerly right-of-way line of Howrey Avenue; thence North along said Westerly right-of-way line of Howrey Avenue and an extension thereof to the centerline of Janney Avenue; thence Easterly along the centerline of Janney Avenue to the Easterly right-of-way of Fletcher Avenue (originally Cleveland Street); thence Southerly along said Easterly right-of-way to the centerline of Joder Avenue; thence Northeasterly along the centerline of Joder Avenue to the centerline of Janney Avenue; thence Northeasterly along the centerline of Janney Avenue to the centerline of Falls Avenue; thence West along the centerline of Falls Avenue to its intersection with a Northerly extension of the East line of Lot 4 of Block 1 of Hagerman Place; thence South along said Northerly extension, the East line of said Lot 4, and a Southerly extension of the East line of said Lot 4 to the centerline of the platted alley in said Block 1; thence West along the centerline of said alley to the centerline of Fletcher Avenue as presently established; thence North along the centerline of Fletcher Avenue as presently established to the centerline of the platted alley in Block 2 of Hagerman Place; thence Northwesterly along the centerline of the platted alley in Block 2, Block 3, Block 4 and Block 5 of Hagerman Place (crossing Knoll Avenue, Englewood Avenue and Wallgate Avenue)to the centerline of Magnolia Parkway; thence Westerly to a point on the Southeasterly line of Lot 14 of Block 6 of Hagerman Place that is 103.61 feet Northeasterly of the Southerly most corner of said Lot 14; thence Northwesterly to a point on the Northwesterly line of Lot 12 of said Block 6 that is 102.32 feet Northeasterly of the Westerly most corner of said Lot 12; thence Northeasterly along the Northwesterly line of said Lot 12 and a Northeasterly extension of the Northwesterly line of said Lot 12 to the centerline of the alley as platted in said Block 6; thence Northwesterly along the centerline of said alley to the centerline of Evergreen Avenue; thence Northwesterly and Southwesterly along the centerline of the platted alley in Block 7 of Hagerman Place to the centerline of Dundee Avenue; thence Page 1:4cde 180 of 547 Southwesterly along the centerline of the platted alley of Block 8 of Hagerman Place to the Easterly right-of-way line of Ansborough Avenue as presently established; thence South along said Easterly right-of-way line to the centerline of Janney Avenue; thence East along the centerline of Janney Avenue to the centerline of the alley as platted in Block 24 of Hagerman Place; thence South along the centerline of said alley to the Easterly extension of the North line of Lot 8 of Block 24 of Hagerman Place; thence West along said Easterly extension to the Northeast corner of said Lot 8; thence South along the East line of said Lot 8 20 feet; thence East on a line parallel with the North line of Lot 15 of said Block 24 to the West line of said Lot 15; thence South along the West line of said Lot 15 to the Southwest corner of said Lot 15; thence East along the South line of said Lot 15 and an Easterly extension of the South line of said Lot 15 to the Easterly right-of-way line of Dundee Avenue; thence South along said Easterly right-of-way line to the Northwest corner of Lot 11 of Block 23 of Hagerman Place; thence Easterly along the North line of said Lot 11 to the Northeast corner of said Lot 11; thence South along the East line of said Lot 11 to the Southeast corner of said Lot 11; thence South to the Northeast corner of Lot 1 of Block 26 of Hagerman Place; thence South along the East lines of Lot 1, Lot 2, Lot 3, and Lot 4 of said Block 26 to the Southeast corner of said Lot 4; thence West along the South line of said Lot 4 to the Southwest corner of said Lot 4; thence South along the West lines of Lot 5 and Lot 6 of said Block 26 to the Southwest corner of said Lot 6; thence West to the Northeast corner of Lot 16 of Block 25 of Hagerman place; thence South along the East line of said Lot 16 to the South line of the North 10 feet of said Lot 16; thence West along said South line and a Westerly extension of said South line to its intersection with the East line of Lot 7 of said Block 25; thence South along the East lines of Lot 7, Lot 8, Lot 9, Lot 10, and Lot 11 of said Block 25 to the Southeast corner of said Lot 11; thence East to the Southwest corner of Lot 12 of said Block 25; thence East along the South line of said Lot 12 to its intersection with a Northerly extension of a line that is 66 feet East and parallel with the West line of Lot 7 of Auditor's Plat of Part of Meadowdale; thence South along said Northerly extension and a line that is 66 feet East and parallel with the West line of said Lot 7 to the South line of said Lot 7; thence West along said South line to the Southwest corner of said Lot 7; thence South along the East line of Lot 9 of said Auditor's Plat of Part of Page 109cde 181 of 547 Meadowdale and a Southerly extension of said East line to the centerline of Black Hawk Road; thence Easterly along the centerline of Black Hawk Road to the East line of the Southwest 1/4 of the Northwest'/4 of Section 27, T89NR13W; thence South along said East line to the North line of the Northwest'/4 of the Southwest '/4 of said Section 27; thence South along the East line of said Northwest '/4 of the Southwest'/4 to the South line of the North 23 1/2 Rods of the Northwest'/4 of the Southwest 1/4 of said Section 27; thence West along said South line to the West line of said Section 27; thence North along said West line to the Northeast corner of Lot 104 of Huntington Park; thence West along the North lines of Lot 104, Lot 105, Lot 106, and Lot 1 of Huntington Park to the Southwest corner of Lot 3 of Decathlon Place; thence North along the West line of said Lot 3 to the Northwest corner of said Lot 3; thence East along the North line of said Lot 3 to the Westerly most corner of Lot 2 of Decathlon Place; thence Northeasterly along the Northwest line of said Lot 2 and the Northwest line of Lot 5 of Decathlon Place to the West line of Lot 6 of Decathlon Place; thence North along said West line and an extension of said West line to the Northerly right-of-way line of Garden Avenue; thence Easterly along said Northerly right-of-way line to the West line of the East 50 feet of Lot 1 of Meadowdale Second Filing; thence North along said West line to the North line of said Lot 1; thence East along said North line to the Westerly right-of-way line of Ansborough Avenue; thence North along said Westerly right-of-way line to the Southeast corner of Lot 16 of Block 32 of Downing Place; thence West along the South line of said Lot 16 and a Westerly extension of said South line to the East line of Lot 8 of Kearns Addition; thence North along said East line of Lot 8 and the East line of Lot 9 of Kearns Addition to the Northeast corner of said Lot 9, said point being on the Southerly right-of-way line of Headford Avenue as platted (now known as University Avenue Frontage Road); thence Westerly along said Southerly right-of-way line to the Westerly right-of-way line of Sylvia Avenue; thence Southerly along said Westerly right-of-way line to the Southerly most corner of Lot 39 of Kearns Addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said Lot 39; thence Northerly along the Westerly most line of said Lot 39 to the Northeasterly most corner of Lot 55 of Kearns Addition; thence Northwesterly along the Northeasterly lines of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 of Kearns Addition to the Northerly most corner of said Lot Page cde 182 of 547 47; thence Northwesterly to the Easterly most corner of Lot 86 of Kearns Addition; thence Northwesterly along the Northeasterly line of said Lot 86 and the Northeasterly line of Lots 85 and 84 of Kearns Addition to the West line of Kearns Addition; thence North along the West line of Kearns Addition to the North line of Lockard Addition; thence West along said North line to the East line of Blakeswood Place Condominiums recorded as Document 2005-11329; thence North along said East line to the North line of Blakeswood Place Condominiums; thence West along said North line to the East line of Alabar Hills; thence North along said East line to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the West line of Alabar Hills Second Addition; thence South along said West line, and a Southerly extension of said West line to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of South Hackett Road as presently established; thence due North to the South line of Section 21 of T89NRl3W; thence West along said South line to the Southeast corner of Section 20 of T89NR13W; thence West along the South line of said Section 20 to the Southeast corner of Cedar Loo Park; thence North along the East line of Cedar Loo Park to the centerline of Richland Drive; thence West along the centerline of Richland Drive to the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive and a Westerly extension of said centerline to a point on the Westerly Corporate Limits of the City of Waterloo; thence North along the Westerly Corporate Limits of the City of Waterloo to the Point of Beginning. Page Ncde 183 of 547 Attachment C City of Waterloo, Iowa Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross Bonding Capacity $ 83,241,358 56.68% of legal limit Page 184 of 547 Attachment D Preliminary Project Budget Acquisition of vacant buildings,underutilized buildings, and sites for redevelopment EXPENSES Acquisition $5,000,000 Engineering Fees,Platting $200,000 Demolition activities $2,500,000 TOTAL $7,700,000 FUNDING Cit (Local Option,G.O.Bonds,TIF) $6,500,000 Private $1,200,000 TOTAL $7,700,000 Road EXPENSES Acquisition $300,000 Construction $2,500,000 Engineering Fees $,300,000 Construction Administration $300,000 TOTAL $3,400,000 FUNDING City(Local Option,G.O.Bonds,TIF) $2,000,000 Federal(MPO), State(RISE),and similar sources $1,400,000 TOTAL $3,400,000 Sale and Conveyance,platting,infrastructure to lots EXPENSES Appraisal,survey,platting $400,000 Infrastructure extension $1,200,000 Engineering,construction administration $400,000 TOTAL $2,000,000 FUNDING City(Local Option,G.O.Bonds,TIF) $2,000,000 TOTAL $2,000,000 Page 185 of 547 Potential flood plain mapping EXPENSES Engineering fees $400,000 TOTAL $400,000 FUNDING Cit Local Option,G.O.Bonds,TIF $400,000 TOTAL $400,000 Acquisition of right-of-way from State of Iowa EXPENSES Ac uisition $200,000 TOTAL $200,000 FUNDING Cit Local Option,G.O.Bonds,TIF $200,000 TOTAL $200,000 TOTAL EXPENSES Acquisition of vacant buildings,underutilized buildings,and sites for redevelopment $7,700,000 Road Improvements $3,400,000 Sale and Conveyance,platting,infrastructure to lots $2,000,000 Potential flood plain mapping $400,000 Acquisition of right-of-way from State of Iowa $200,000 TOTAL $13,700,000 Cost type breakdown: Public Improvements $6,200,000 Architectural,Engineering, Study,and Construction Administration $2,000,000 Acquisitions $5,500,000 Tax Rebates to be determined later TOTAL $13,700,000 Page 186 of 547 TOTAL FUNDING City(Local Option,G.O.Bonds,TIF) $11,100,000 Private $1,200,000 Federal(MPO), State(RISE),and similar sources $1,400,000 TOTAL $13,700,000 Page 187 of 547 Attachment E CITY OF WATERLOO,IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. The City will determine if a compensation estimate can be utilized in lieu of preparing a formal appraisal. If not, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo,plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's/compensation estimate report will be reviewed by qualified staff for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety(90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty(30) days prior to the required vacation date. The thirty(30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 188 of 547 Attachment F CITY OF WATERLOO,IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving(based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program,persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 189 of 547 Attachment G CITY OF WATERLOO,IOWA PLANNING, PROGRAMING AND ZONING COMMISSION RESOLUTION Page 190 of 547 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 191 of 547 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING PLAN Page 192 of 547 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING PLAN Page 193 of 547 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING Page 194 of 547 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as February 15, 2021 to approve a ten-year agreement for a Body/In- Car cameras, Tasers and digital evidence management system with Axon Enterprise, Inc. and instruct the City Clerk to publish said notice. City Council Meeting:2/1/2021 Prepared: 1/25/2021 Resolution setting date of public hearing as February 15, 2021 to approve a SUBJECT: ten-year agreement for a Body/In-Car cameras, Tasers and digital evidence management system with Axon Enterprise. Inc. and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Dave Mohhs, Police Captain Recommended Action: Approve and set the date of hearing February 15th, 2021 Page 195 of 547 CITY OF WATERLOO Council Communication Resolution approving the request by 3 Stooges, LLC for tax exemptions on commercial building improvements valued at$188,500, for property located at 520 West Parker Street, and located in the Consolidated Urban Revitalization Area(CURA). City Council Meeting:2/1/2021 Prepared: 1/21/2021 ATTACHMENTS: Description Type ❑ CURA 520 West Parker Street Form Backup Material ❑ CURA 520 West Parker Street Map Backup Material Resolution approving the request by 3 Stooges, LLC for tax exemptions on SUBJECT: commercial building improvements valued at$188,500, for property located at 520 West Parker Street, and located in the Consolidated Urban Revitalization Area(CURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area(CURA). Except any Legal Highways, All that part of the Northwest Quarter of the Southeast Quarter of Section No. (14), Township No. Eighty-nine(89)North, Range No. Thirteen(13) West of the (5th) Principle Meridian in the City of Waterloo, Iowa, that lies North of the North line of Parker Street and Northeasterly of the Northeasterly line of the right-of-way of the Illinois Center Gulf Railroad Legal Descriptions: Company formerly the Illinois Center Railroad and West of the west line of the right-of-way of the Waterloo Railroad Company formerly the Waterloo, Cedar Falls Northern Railroad, except the North One Hundred (150) feet Page 196 of 547 thereo f. Page 197 of 547 For Office Use Only 1]11[0 Received: Rceeivcd by: Slanln ma0 ke a opy o ap item CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY TIIE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to properly located within its boundaries that meet the following criteria: I- At least a 10%improvement to the value of the residential property, At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for lax.exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department,) 3. This application must be Filed with City prior to the 114 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the follloow1ing information for your application to be submitted to the City Counci NAME: e]TOOt` r; I—V—C— SIGNATURE: ^ A1]1JRES5: EMAIL: �)l e iS\'�. TELEPHONE; Pi. ` Z�%-- som DATE: A. What is the Address of the property being improved? What is the Legal Description of the property?(May bo available at County Recorder's Office on 2°'t floor of the Coutthouscy) — 21aS T4 -SE S64-14 T 22.!) 13. Indicate desired exemption schedule:(I or 2) 1, One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. _y,A partial exemption on the actual value added by improvements according to the fallowing schedule: a, First Year----------80% d. Fourth Year-----50% g. Seventh Year------30% b, Second Year------70% e. Fifth Year---40% h, Eighth Year--------30% c, Third Year------ 60% f Sixth Year---------40% 1, Ninth Year---------20% j, Tenth Year---------20% C, What was the nature ofthe improvement(s)? D, If this is not a single-family dwelling unit,which you own and reside in,will these improvements create a displacement of yourlenants? Yes No " /)A DO NOT Write Below this litre—Office Use Only E. City of Waterloo Building and Inspections Deparlment Information: Permit Number: U'�I l ` 1 Date permit was issued: e V v Total permit(s)valuation: P, What was the east of the improvement? i] O, Estimated or actual date or completion of these improvements? Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria ohgibility. CITY OF WAT13RLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY --� APPROVED DATED: T.J,Koenigsfeld DF.N IF D Black Hawk County Assessor Page 198 of 547 Page 1 of 1 s EXHIBIT "A" EXCEPT ANY LEGAL HIGHWAYS, All that part of the Northwest Quarter of the Southeast Quarter of Section No, Fourteen (14), Township No. Eighty-nine (89) North, Range No, Thirteen (13) West of the Fifth (5th) principal Meridian in the City of Waterloo, Iowa, that lies Borth of the North line of Parker Street and Northeasterly of the North- easterly line of the right-of-way of the Illinois Central Gulf Railroad Company formerly the Illinois Central Railroad and West of the west line of the right-.of-way of the Waterloo Railroad Company formerly the waterloo, Cedar Falls and Northern Railroad, except the North One Hundred Fifty (150) feet thereof. i File Number; 2016-00021670 S4aflp 199 of 547 - 4 ' . �., LITCHFIELDAVE Iia ..I7�J� v1 Q v — Eri Ery araia�a Rxxv W stirs aaa.srrrwi 's: e+e►3x Yrlr�iA9 of i �► _ 'It o iL z - CLARK ST e eg.FrrrEErE W � - ,..� _ �;' E E,E•. i to - r, 'U �. Y ,` -��; �- - BREES ST� VVAR _ _ LINGTON ST t 17 Q T o EDISON ST S� U O - 11 rP r _C 1_. P I i r � - l a _ L W PARKER ST — W PARKER ST I F 9 W 1 z h• -NEWTON ST. f U 77 7 j Lli j KERN ST`- s r. KERN ST- 7T T - .- LL -7r - r _ I e _of 5--4 �. a -DAWS N��,,. CITY OF WATERLOO Council Communication Resolution approving the request of Kinon O'Neal for tax exemptions on the construction of a new single family home valued at$459,548 for property located at 1801 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 1801 Waxwing Way Form Backup Material ❑ CLURA 1801 Waxwing Way Map Backup Material Resolution approving the request of Kinon O'Neal for tax exemptions on the SUBJECT: construction of a new single family home valued at$459,548 for property located at 1801 Waxwing Way and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Heights 6th Addition Lot 70 Page 201 of 547 CITY LIMITS URBAN REVITALIZATION APPLICATION tAN DEC 2 2 2NO FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LiREVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL F WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to the 1"working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: 1���OY 1 � SIGNATURE: ADDRESS: vim_ TELEPHONE: �. DATE: JL I ZZ �Za A. What is the Address of the property being improved? mCaez What is the Legal Description of the property?(May be available at County Recorder's Office on 2""floor of the Courthouse) B. Wheat was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number:��5 Date permit was issued: Total permit(s)valuation: D. What was the cost of the new construction l/1 S-� t 5y 9 E. Estimated or actual date of completion of this new construction? $' f►f ' I CITY OF WATERLOO APPROVED DA'Z'ED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland j DENIED Black Hawk County Assessor r Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 202 of 547 1111 ,° i CRABAPPLE LN " \ q x w 0. CIO WAXWING WAY _ lo. ' { -, •ter .� ��• r Ar r' W SHAULISTRD f Page 203 of 54 CITY OF WATERLOO Council Communication Resolution approving the request of Steve Hostetler for tax exemptions on the construction of a new single family home valued at$365,000, for property located at 329 Sheridan Road, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 329 Sheridan Road Form Backup Material ❑ CLURA 329 Sheridan Road Map Backup Material Resolution approving the request of Steve Hostetler for tax exemptions on SUBJECT: the construction of a new single family home valued at$365,000, for property located at 329 Sheridan Road, and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Parcel F of Plat of Survey Doc. #2020-17664, being Lot 143 and part of Legal Descriptions: Lots 126 and 127 in Prospect Hills Addition to the City of Waterloo, Iowa, Black Hawk County. Page 204 of 547 For Office Use Only 1)atel'ieceived: �__'i i Received b Staffto ma&c a l opy-Fo i4 cit •• CITY LIRMS URBAN REVITAUZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LI14ITS URBAN REVITALIZATION AREA PLAN ADOPTER BY THE CITY COUNCIL.OF THE CITY OF WATERLOO, The City Limits Urban Revitalization Area(CLURA)is a 3--year 10094 property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplexAmin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map ofwhich can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be bled with City pnor to the 15<<vorldn da of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of m entire prof ect requiring more than one year to construct or complete, providing prior approval._has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council,Projects started prior to the adoption date of sully 18,20!11 do not quatifj. NAME: �7 .U'7� SIGNATURE: 'A'—, � c ADDRESS: r� ��Z� �5'f1 �f},t3 �d s EMAIL: 6�s / .�lY 9m�4%4 TELL,PRONE. - - ���In4l I DA'Z'E. 1 y V 6 d z-1' A. What is the Address ofthe property being improved? 1 � � �����ACV 1 �. What is the Legal Description ofthe pro erty?(Maybe available at Couniv Recorder's Offlice on 2"floor of the Courthouse) i v B. What was the nature ofthe imprr vemeni(s)7(must be single fami]�homes or duplex/twin homes to qualify) C. City of Waterloo Building ar. ,Inspections Department Information: ¢ Permit Number: � " 7 Date permit was issued: [ Total permit(s)valuation: D. What was the cost of the new construction? J 6 D jy E. Estimated or actual date of completion of flus new construction? Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the BlackHawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USF,ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR{OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld �—DENIED Black Hawk County Assessor 1 Page 205 of 547 Page 1 of 1 LOAN#:670020290 amounts fluctuating from time to time up to the maximum principal sum outstanding at any time of ONE HUNDREDTHOUSANDAND NOl100*************""**rzzz*+zx++zzxzz*zx"-a ****** Doilars(U.5. $100,000.00 ). All amounts due under the Agreement must be paid in full not later than December 25,2035. You agree that this Mortgage shall continue to secure all sums now or hereafter advanced under the terms of the Agreement including,without limitation,such sums that are advanced by us whether or not at the time the sums are advanced there is any principal sum outstanding under theAgreemenLThe parties hereto intendthatthis Mortgage shall secure unpaid balances,and all other amounts due to us hereunder and under the Agreement. This Mortgage secures to us:(a)the repayment of the debt evidenced by the Agreement,with interest,and all refinancings, renewals,extensions and modifications of the Agreement; (b)the payment of all other sums, with interest,advanced under this Mortgage to protect the security of this Mortgage;and(c)the performance of your covenants and agreements under this Mortgage and the Agreement, For this purpose and in consideration of the debt,you do hereby mortgage,grant and convey to us and our successors and assigns the following described property located in Slack Hawk County,Iowa: Parcel P of Plat of Survey Doc.#2020-17664,being Lot 143 and part of Lots 126 and 127 in Prospect Hills Addition to the City of Waterloo,Iowa APN#: 6913-34-376-032 which has the address of 329 Sheridan Rd,Waterloo, Iowa 50701 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Mortgage.All of the foregoing is referred to in this Mortgage as the"Property." YOU COVENANT thatyou are lawfully seised of the estate hereby conveyed and have the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record.You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal,Interest and Other Charges.You shall pay when due the principal and interest owing under the Agreement and all other charges due hereunder and due under the Agreement. 2. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the Agreement and Section 1 shall be applied by us as provided in the Agreement. 3. Prior Mortgages; Charges; Liens. You have disclosed to us and obtained our approval of any mortgage,deed of trust or other security agreement with a lien which has priority over this Mortgage.You shall perform all of your obligations under any mortgage,deed of trust or other security instruments with a lien which has priority over this Mortgage,including your covenants to make payments when due.You shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Mortgage,and leasehold payments or ground rents,if any.Upon our request,you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly.You shall promptly discharge any lien(other than a lien disclosed to us in your application or in any title report we obtained)which has priority over this Mortgage. If applicable law authorizes us to do so,we specifically reserve to ourself and our successors and assigns the unilateral right, upon an event of default in payment of taxes, assessments or insurance on the Property, to require,upon notice,that you pay to us on the day monthly payments are due an amount equal to one-twelfth (1112)of€heyearly taxes,and assessments(including condominium and planned unit development assessments, if any)which may attain priority over this Mortgage and ground rents on the Property,if any, plus one-twelfth (1112)of yearly premium installments for hazard and mortgage insurance,all as we reasonably estimate initially and from time to time,as allowed by and in accordance with applicable law. A. Hazard Insurance.You shall keep the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insurance.This insurance shall he maintained in the amounts and for the periods that we require, You may choose any insurer reasonably acceptable to us.Insurance policies and renewals shall be acceptable to us and shall include a standard mortgagee clause,If we require,you shall promptly give us all receipts of paid premiums and renewal notices,If you fail to maintain coverage as required in this section,you authorize us to obtain such coverage as we in our sole discretion determine appropriate to protect our interest in the Property in accordance with the provisions in Section 6.You understand and agree that any coverage we purchase may cover only our interest in the Property and may not cover your interest in the Property or any personal property therein,You also understand and agree that the premium for any such insurance may be higher than the premium you would IA—MORTGAGE--Single Family--HELOC--FIC#20118(12W) Ellie Mae,ine. Page 2 of 5 IAODEED 0616 IAQDFFD(CLS) •1 ti File Number: 2021-00012171 Sa". 206 of 547 11 BERKSHIRE RD IN lk ice.: � ,• F it i 4•-"h' m 0 I PERSHING RD ". 4 —r lir r _ '^'u � I � _ 01 w � Olt, 16 � = k Mipti - 717 9A7 I Parle H, Vii' rr !I �1\ CITY OF WATERLOO Council Communication Resolution approving the request of Loren and Carlene Gardner for tax exemptions on the construction of a new single family home valued at$300,000, for property located at 1224 Garden Ave., and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 1224 Garden Avenue Form Backup Material ❑ CLURA 1224 Garden Avenue Map Backup Material Resolution approving the request of Loren and Carlene Gardner for tax SUBJECT: exemptions on the construction of a new single family home valued at $300,000, for property located at 1224 Garden Ave., and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Meadowdale Second Filing West 67 Feet Lots 1 and 2, East 12 Feet of Lot 46, Meadowdale Second Filing East 53 Feet of the West 106 Feet of Lot 46 Page 208 of 547 For Office Use Only ' ( ( Date Received: Received by: Staff to make a copy fog- ppp t a it CITE'LLVHTS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMI'T'S URBAN RFVITALIZNFION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA)is a 33year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I"working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: Loren ^'4'it leVie- SIGNATURE: Cele ADDRESS: �� � E ay-den IQ1IQ WLX�L✓�OG� EMAIL: uslcrcta �I cthoo,c'Urr-r TELEPHONE: 3l g-23�-I L DATE: i b _7,0� 1 A. What is the Address of the property being improved? /;9,9 Y �l?tti] ¢� (l�l�'i✓fiC�U �(!`7C7� What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) Ck. .fieco''cl 66W &I EJ W15 l Rvd 2 C 17- FT LGT 4(o B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) 1�e 1&1 C,611s#ru Ch 0y1 Of S(W l e b.ylnl l,t,t ,km e., C. City of Waterloo Building and Inspections Department Information: Permit Nurnber: UN-0000 GCM Date permit was issued: �''i 2�1� Total permit(s)valuation: 11.2,F,0,OCAd D. What was the cost of the new construction? — j. E. stimated or actual date of completion of this new construction? t Note: City Council approval does not guarantee tax exemptions, The application must be reviewed and approved by the f Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DNF ED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 209 of 547 1. __ - -• '� -r _ k� .�l�C / - 7 DOWNING AVE • jMj # = i f / l F GARDENAVE >ry P p Q s� s a _ 4 CITY OF WATERLOO Council Communication Resolution approving the request of Brian Gerloff for tax exemptions on the construction of a new single family home valued at$357,000, for property located at 1329 E Shaulis Road, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 1329 E Shaulis Road Form Backup Material ❑ CLURA 1329 E Shaulis Road Map Backup Material Resolution approving the request of Brian Gerloff for tax exemptions on the SUBJECT: construction of a new single family home valued at$357,000, for property located at 1329 E Shaulis Road, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Lot 1, Bacevac Minor Plat No. 1, Waterloo, Black Hawk County, Iowa, Legal Descriptions: recorded in Doc. #2007-15313 and being a part of the Southwest Quarter of Section 11, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Page 211 of 547 For O ff@e us@ only Date Received; Reecsivecl by, Sta#�W alak��pop, �r�pnll��t CITYLIMTS URBAN R1uVITA,IZATI9N APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION AIS NEW ONE AIS TWO pAMMV DWELLINGS LINDER THE PROVISIONS AIS TK' CITY LIMITS IRAN REVITALIZATION AMA PLAIN ADOPTED BY THE CITY COUNCIL AIS THE CI'T'Y CE WATERLOO. fh@ City Limits Urbin Il evil li aliAn Aw(CLURA)j4 a 3-vpar 100A/A pvop@Fjy f4x @xgmptjgTt An tag apfugl vel a dde,4 for n@w @gnmttution Atg or two faWly dw@lllti#s(Ririsl@ fatally WMA or dupl@gltMn hArn@s Only)that moot tho following @riteriat I= I3@ to@atpd within Ili@ C—LVMWundariea N}nap Afwhr@In @an b@ ebtaln@d firgm tho City of Wat@rloo Community Planning &D@v@lApWnt A@Parfrngnt,) 2, Thio application must b@ fjl@d with Cityprior to tho P"working day of Fvbnga following th@ Yost wh@rn the irxrprovLamonts Ar@ @Anlpl@t@d is @Amply with tho firnoffln@ of tli@ SW Vod@ Of low@,8e9tien 404.4 unnumborgd puggxnpb 2, I4ow@v@r,@ aingl@ appli@ation may b@ ftl@d upen @ornpi@tien of an @ntir@ pry@@t r@quiring more than Arne you to @onstwt or.@Ampl@to, providing prior approval bas Won$riwt@d by tho City G un@il or County Boattd of 5rrp@rvi9Ars7 ! Plow fill out tb@ following infornrafion for your appli€ntion to b@ ra0witt@4 to th@ City CAun@il,Arojoets gturtad prior to the Ado tion dole of Ally Ill.2011 do not quell NAME; µIan SIGNATURE; +r- TEL-EVRONM C-3n i q I DATES a Ae What Is tin@ Address of the prop@rty Wing Improvo47 S kack` 1� �• Wh@t is the Logu1,f?seription of ft prop@r . (May bo av401@ at County R@gord@r'a 9ffi@@ on V floor of 0v CAtr€tl cog) Eje CL. 13. What was fh@ 44499 of fir@ improv@rri.@nt(s)?(=Of b@ sinal@ funnily lrom ;$OF duel@/twin l pmn tg qualify) c omp I c��- re UD c-o�s-tyucvi U-) C- City of Wat@rloA Building arltl IWP@AfiQN➢@parttn@nt hwormit I3@rmjt Numbor, Aatg pomul was i-4§wd, -W1TOW p@rtlt(s)valuatiQri: agRi 043 A. What was th@ @Ast Aftin@ n@wc3omftrr@tion? (SI-,MC)It I,, Vsttrnat@d or a@trral dot@ of EAmpl@tion of tbi..§now @Antwtien? 0 Not@, City Cour@il approval do@s not guarant@@ tai @x mptions, Tbp applicittiorn rnu5t bo reviewod and approv@d by the Isla k fbwk County Offo@ fox @rif@ria @llglbility. CITY QIP WATERLOO OFFICE USE ONLY A PPIKOVEl) DATED; RESOLUTION NA:. DENIED Bt ACID I.WK COUNTY A$NBSPOR 0"ICH USE ANPV AI?VXOVI,Ia AATF—A= V,Ko@nigsf@ld DENIED Bla@lrl nwkCounty Aswssgr Page 212 of 547 I Page I of I1111111[111111 l11111111111 IN1111111111I1111111111 111111111111111111111 Qac TD: 009537090001 Tvpe: GEN Recorded: 03/06/2019 at 02:41;12 PM Fee Amt: $83.20 Pape 1 of 1 Revenue Tax: $71.20 Black Hawk County Iowa SANDIE L. SMITH RECORDER //�� ��]]��]] Flle2019-0001��.�yy 6422 h—ta Prepared By; Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After According Return To; Title Services Corporation, 603 Commercial St., Waterloo, IA 50701 Address Tax Statement to; Brian L. Gerloff and ei h A Ger of 12628 Hammond Avenue aortey, Ia 50651 WARRANTY DEED .JOINT TENANCY `r For the consideration of One ($1.00)Dollar and other valuable consideration, Ibrahim Bacevac and Suada Bacevac,husband and wife, do hereby Convey to Brian L. Gerloff and Leigh A. Gerloff, husband and wife, as Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common,the following described real estate in Black Hawk County, Iowa: Lot I, Bacevac Minor Plat No. 1, Waterloo, Black Hawk County, Iowa, recorded in Doc. 42007-15313 and being a part of the Southwest Quarter of Section 11, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. r6 Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful Claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: CQ JSr- Ibrahim Bacevac Suada Bacevac �� State of 11Ja } f County of This record was acknowledged before me on this day of , 20)P, 213 of 547 Ibrahim Bacevac and Suade Bacevac.husband and wife. ass, 5,�J ,�•. .r �'' �' �i JERSEY LN l � - ~ 1 �, Aft JL-' 7 E SHAULIS RD i wAl r "MM6 MMM" of 547 CITY OF WATERLOO Council Communication Resolution approving the request of Garry and Sandra Stuber for tax exemptions on the construction of a single duplex unit valued at$57,000, for property located at 111 Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 111 Cathy Jean Court Form Backup Material ❑ CLURA 111 Cathy Jean Court Map Backup Material Resolution approving the request of Garry and Sandra Stuber for tax SUBJECT: exemptions on the construction of a single duplex unit valued at$57,000, for property located at 111 Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Unit A in Building 8 and the undivided percentage interest in the common elements appurtenant thereto, in Magnolia Villas Condominiums of Waterloo, Legal Descriptions: Black Hawk County, Iowa, and as amended by First Amendment in Doc. #2020-18477 recorded May 20, 2020, and being laid out on Lot 12, Magnolia Hills, City of Waterloo, Black Hawk County, Iowa. Page 215 of 547 dotloopsignatureverunc�: R!r.0 Irxhr-Wos-aAow For Office Use Only Date Received: c> Received by: [� Staff to make a copy fo appllc nt CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I"working_day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of duly 1S,2011 do not qualify. Garry&Sandra Stuber ;a9� AMCS 2M-TAGAARLNAME; SIGNATURE: 7N„a � ADDRESS: 1 t Cathylean Court,Waterloo,IA 50701 EMAIL: sandystuber711@gmail.cam TELEPHONE: DATE: 11/24/2020 i A. What is the Address of the property being improved? 111 Cathy jean Ct.Waterloo,IA 50701 What is the Legal Description of the property?(May be available County Recorder's Office on 2„a floor of the Courthouse) Magnolia Hills Lot 12 Unit S i B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) Twin Horne C. City of Waterloo Building and Inspections Department Information: Permit Number: C' Date permit was issued: Total permit(s)valuatiok3;� 6 DD D. What was the cost of the new construction?$57,000 E. Estimated or actual date of completion of this new construction?11/24/2020 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the BIack Hawk County Assessor's Office foi-criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 216 Of 547 Page 1 of 1 LOAN#;800023043 (F) "Loan"means the debt evidenced by the Note, plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument, plus interest. (G)"Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower tcheck box as applicable]: ❑Adjustable Rate Rider 0 Condominium Rider ❑ Second Home Rider 21 Balloon Rider ❑ Planned Unit Development Rider 0 Other(s)[specify] ❑ 14 Family Rider ❑ Biweekly Payment Rider Construction Loan Rider to ❑V.A.Rider Security Instrument (H) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (1) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (J) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft, or similar paper Instrument,which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.Such term includes,but is not limited to,point-of-sale transfers,automated teller machine transactions, transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (K) "Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section b)for:(i)damage to, i or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property;(Iii)conveyance I in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Properly. (M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan, (N) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note, plus([i)any amounts under Section 3 of this Security Instrument. (0)"RESPA"means the(teal Estate Settlement Procedures Act(12 U.S.C.§2604 et seq.)and its implementing regulation,Regulation X(12 C.F,R. Part 1024),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA, (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (t)the repayment of the Loan, and all renewals, extensions and modifications of the Note;and(!I)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower irrevocably mortgages,grants and conveys to Lender,with power of sale,the following described property located in the County [Type of Recording Jurisdiction]of Black Hawk [Name of Recording Jurisdiction]: Unit A in Building 8 and the undivided percentage interest in the common elements appurtenant thereto,in Magnolia Villas Condominiums of Waterloo,Black Hask County,Iowa,and as ammended by First Amendement in Doe.92020-18477 recorded May 20,2020,and being laid out on Lot 12,Magnolia Hills,City of Waterloo,Black Hawk County,Iowa. APN M 861305303131 which currently has the address of 111 Cathy Jean Court,Waterloo, [Streell[City] Iowa 50701 ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. IOWA--Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3016 1101 i Ellie Mae,Inc. Page 2 of 10 IAUDEED 0816 IAUDEED(CLS) .L .S Page 217 of 547 File Number: 2020-00022650 Seq: 2 ---��� 1 A 2116 Rik r 1 / y Aft _ --WESTH14 !2 , Pa 218 of 547 CITY OF WATERLOO Council Communication Resolution approving the request of MDJNAD Investment, LLC, for tax exemptions on the construction of a single duplex unit valued at$179,900, for property located at 831 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ 831 Grindstone Circle Form Backup Material ❑ 831 Grindstone Circle Map Backup Material Resolution approving the request of MDJNAD Investment. LLC, for tax SUBJECT: exemptions on the construction of a single duplex unit valued at$179.900, for property located at 831 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit 831 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates,A condominium, pursuant to declaration of horizontal property regime recorded in Doc No. 2017-11285 on December 16, 2016, as amended by First Amendment in Doc. No. 2017- 13976 recorded February 3, 2017, as amended by Second Amendment in Legal Descriptions: Doc. No. 2019-2874, recorded August 20, 2018, as amended by Third Amendment in Doc. No. 2020-1458 filed July 24, 2019, as amended by the Fourth Amendment in Doc. No. 2020-17423 filed April 9, 2020, as amended by Fifth Amendment in Doc. No. 2021-1251, filed July 17, 2020, and as subsequently may be amended being laid out on Lots 1 though 7 and Lot A Page 219 of 547 in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 220 of 547 doFloop signature vera scat on:dtlp.ushvFL4-FYPG-N5A3 For Office Use Only Date Received; i Received by: • Staffto make a cqPifFiwlic,ant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the 15'working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: MDJNAD Investment LLC SIGNATURE vr�e-vszr oiio9rPzl 1207dPM P Qozr-ows ADDRESS: ns sth st.Iiurttington Beach,CA92648 EMAIL• majeddakak@msn.com TELEPHONE: DATE: 12/16/2020 A. What is the Address of the property being improved? 831 Grindstone Circle What is the Legal Description of the property?(May be available at County Recorder's Office on 2°`r floor the Courthouse) PRAIRIE MEADOW ESTATES A CONDOMINIUM UNIT 831 -- S Q ke B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) Twin Homes C. City of Waterloo Building annDns Department Information:to : �? V Permit Number: permit was issued: To� l permit(s)valuation: fool, O 11 D. What was the cost of the new construction?$179,900 E. Estimated or actual date of completion of this new construction?12/11/2020 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTIONNO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: _ T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 221 of 547 Page 1 of 9 Recorded: 12/30/2020 at 2:37.42.0 PM County Recording Fee: $57.00 Iowa E-Filing Fee: $3.00 Combined Fee: $60.00 Revenue Tax: Sandie L. Smith, RECORDER Black Hawk County, Iowa FOR RECORDER'S USE ONLY Prepared By. Amy Wilson , First Security Bank&Trust, PO Box 577,Charles City, IA 50616, (641)228-2343 ADDRESS TAX STATEMENT: MDJNAD investment, LLC; 601 8th Street; Huntington Beach, CA 92648-4632 RECORDATION REQUESTED BY: First Security Bank&Trust, PO Box 577,809 Clark St,Charles City, IA 50616 WHEN RECORDED MAIL TO: First Security Bank&Trust, PO Box 577,809 Clark St, Charles City, IA 50616 MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE NOTICE: This Mortgage secures credit in the amount of$175,000.00. Loans and advances up to this amount, together with interest, are senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens. The names of all Grantors(sometimes"Grantor")can be found on page 1 of this Mortgage. The names of all Grantees(sometimes "Lender")can be found on page 1 of this Mortgage. The property address can be found on page 1 of this Mortgage. The legal description can be found on page 1 of this Mortgage. THIS MORTGAGE dated December 22, 2020, is made and executed between MDJNAD Investment, LLC, a California Limited Liability Company, whose address is 601 8th Street, Huntington Beach, CA 92648-4632 (referred to below as "Grantor") and First Security Bank &Trust , whose address is PO Box 577,809 Clark St,Charles City,IA 50616(referred to below as"Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender and grants to Lender a security interest in all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; rents and profits; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Black Hawk County,State of Iowa: UNIT 831 AND THE UNDIVIDED INTEREST IN THE COMMON ELEMENTS APPURTENANT TO SAID UNIT, 1N PRAIRIE MEADOW ESTATES,A CONDOMINIUM, RECORDED IN DOC.02017-11285 ON DECEMBER 16, 2016, AS AMENDED BY FIRST AMENDMENT IN DOC.#2017-13976 RECORDED FEBRUARY 3, 2017, AS AMENDED BY SECOND AMENDMENT IN DOC. 92019-2874 RECORDED AUGUST 20,2018,AS AMENDED BY THIRD AMENDMENT IN DOC#2020-1458 FILED JULY 24, 2019, AS AMENDED BY THE FOURTH AMENDMENT IN DOC.92020-17423 FILED APRIL 9, 2020 AND AS AMENDED BY FIFTH AMENDMENT IN DOC. #2021-1251 FILED 7/17/2020 AND BEING LAID OUT ON LOTS 1 THROUGH 7 AND LOT A IN PRAIRIE MEADOW ESTATES ADDITION, WATERLOO,BLACK HAWK COUNTY,IOWA. The Real Property or its address is commonly known as 831 Grindstone Circle,Waterloo, IA 50702. CROSS-COLLATERALIZATION. In addition to the Note,this Mortgage secures all obligations,debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note,whether voluntary or otherwise,whether due File Number: 2021-00013739 Seq gle 222 Of 547 4m Vp or, VIA tQ:F � �y`,� `� �� — _ .,.� +Mo y rpt �,, � ,• ;. 7 1 lr_ I ANN d is s `•, Rs Y, +6 a I t � O � _ ♦�- iky rte' ma ,. . s • 41 „r, � � _ �; . fit'.. •;dt - ., 20 1PQ CITY OF WATERLOO Council Communication Resolution approving the request of MDJNAD Investment, LLC, for tax exemptions on the construction of a single duplex unit valued at$174,900, for property located at 833 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 833 Grindstone Circle Form Backup Material ❑ CLURA 833 Grindstone Circle Map Backup Material Resolution approving the request of MDJNAD Investment. LLC, for tax SUBJECT: exemptions on the construction of a single duplex unit valued at$174,900, for property located at 833 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit 833 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates,A condominium, pursuant to declaration of horizontal property regime recorded in Doc No. 2017-11285 on December 16, 2016, as amended by First Amendment in Doc. No. 2017- 13976 recorded February 3, 2017, as amended by Second Amendment in Legal Descriptions: Doc. No. 2019-2874, recorded August 20, 2018, as amended by Third Amendment in Doc. No. 2020-1458 filed July 24, 2019, as amended by the Fourth Amendment in Doc. No. 2020-17423 filed April 9, 2020, as amended by Fifth Amendment in Doc. No. 2021-1251, filed July 17, 2020, and as subsequently may be amended being laid out on Lots 1 though 7 and Lot A Page 224 of 547 in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 225 of 547 dotloop signature ver tatlon:d[€p-u5MFL4-FYPG-NS43 For Office Use Only Date Received. r, Received by: + Staff to makes r pplicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the 15'working day of February_following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. MDJNAD Investment LLC1 A� d„a9Rl rified PS NAME: SIGNATURE: 9TLe-vaz7-g02r-oFV6 ADDRESS: 018th St.Huntington Beach,CA 92648 EMAIL: majeddakak@msrt.COm TELEPHONE: DATE: 12/1612020 A. What is the 4ddwss of the property being improved? S33Grindstone Circle What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse) PRAIRIE MEADOW ESTATES A CONDOMINIUM UNIT 833 �C'e Q.0 Ir�P_12 B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) Twin Homes C. City of Waterloo Building and I spections Department Information: Permit Number: `Date permit was issued: Total pennit(s)valuation: D, What was the cost of the new construction?$174,900 E. Estimated or actual date of completion of this new construction?12/11/2020 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: TA Koenigsfeld DENIED Black Hawk County Assessor Page 226 of 547 Page 1 of 1 Recorded: 12/3012020 at 2:49:48.0 PM County Recording Fee: $57.00 Iowa E-Filing Fee: $3.00 Combined Fee: $60.00 Revenue Tax: Sandie L. Smith, RECORDER Black Hawk County, Iowa FOR RECORDER'S USE ONLY Prepared By: Amy Wilson, First Security Bank&Trust, PO Box 577,Charles City, IA 50616, (641)228-2343 ADDRESS TAX STATEMENT: MDJNAD Investment,LLC; 601 8th Street; Huntington Beach, CA 926484632 RECORDATION REQUESTED BY: First Security Bank&Trust, PO Box 577, 809 Clark St,Charles City, IA 50616 WHEN RECORDED MAIL TO: First Security Bank&Trust, PO Box 577,809 Clark St,Charles City, IA 50616 t MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE NOTICE: This Mortgage secures credit in the amount of$175,000.00. Loans and advances up to this amount, together with interest, are senior to Indebtedness to other creditors under subsequently recorded or filed mortgages and liens. The names of all Grantors(sometimes"Grantor")can be found on page 1 of this Mortgage. The names of all Grantees(sometimes "Lender") can be found on page 1 of this Mortgage. The property address can be found on page 1 of this Mortgage. The legal description can be found on page 1 of this Mortgage. THIS MORTGAGE dated December 22, 2020, is made and executed between MDJNAD Investment LLC, a California Limited Liability Company whose address is 601 8th Street, Huntington Beach, CA 92648-4632 (referred to below as "Grantor") and First Security Bank & Trust , whose address is PO Box 577, 809 Clark St,Charles City,IA 50616(referred to below as"Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender and grants to Lender a security interest in all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; rents and profits; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Black Hawk County,State of Iowa: UNIT 833 AND THE UNDIVIDED INTEREST IN THE COMMON ELEMENTS APPURTENANT TO SAID UNIT, IN PRAIRIE MEADOW ESTATES,A CONDOMINIUM, RECORDED IN DOC.#2017-11285 ON DECEMBER 16, 2016, AS AMENDED BY FIRST AMENDMENT IN DOC.#2017-13976 RECORDED FEBRUARY 3, 2017, AS AMENDED BY SECOND AMENDMENT IN DOC. 92019-2874 RECORDED AUGUST 20,2018, AS AMENDED BY THIRD AMENDMENT IN DOC#2020-1458 FILED JULY 24, 2019, AS AMENDED BY THE FOURTH AMENDMENT IN DOC.#2020-17423 FILED APRIL 9, 2020 AND AS AMENDED BY FIFTH AMENDMENT IN DOC. 02021-1251 FILED 7/1712020 AND BEING LAID OUT ON LOTS 1 THROUGH 7 AND LOT A IN PRAIRIE MEADOW ESTATES ADDITION, WATERLOO,BLACK HAWK COUNTY,IOWA. The Real Property or its address is commonly known as 833 Grindstone Circle,Waterloo, IA 50702. I. CROSS-COLLATERALIZATION. In addition to the Note,this Mortgage secures all obligations,debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due File Number. 20.29-00013743 Sped, 227 of 547 i 4m Vp or, VIA tQ:F � �y`,� `� �� — _ .,.� +Mo y rpt �,, � ,• ;. 7 1 lr_ I ANN d is s `•, Rs Y, +6 a I t � O � _ ♦�- iky rte' ma ,. . s • 41 „r, � � _ �; . fit'.. •;dt - ., 20 1 CITY OF WATERLOO Council Communication Resolution approving the request of Robson Homes, Inc., for tax exemptions on the construction of a single duplex unit valued at$130,000, for property located at 840 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 840 Grindstone Circle Form Backup Material ❑ CLURA 840 Grindstone Circle Map Backup Material Resolution approving the request of Robson Homes, Inc., for tax SUBJECT: exemptions on the construction of a single duplex unit valued at$130,000, for property located at 840 Grindstone Circle, and located in the City L' its Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit 840 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates,A condominium, pursuant to declaration of horizontal property regime recorded in Doc No. 2017-11285 on December 16, 2016, as amended by First Amendment in Doc. No. 2017- 13976 recorded February 3, 2017, as amended by Second Amendment in Legal Descriptions: Doc. No. 2019-2874, recorded August 20, 2018, as amended by Third Amendment in Doc. No. 2020-1458 filed July 24, 2019, as amended by the Fourth Amendment in Doc. No. 2020-17423 filed April 9, 2020, as amended by Fifth Amendment in Doc. No. 2021-1251, filed July 17, 2020, and as subsequently may be amended being laid out on Lots 1 though 7 and Lot A Page 229 of 547 in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 230 of 547 For Office Use Only ,/+, Date Received: l -I )A r 4 4 i Received by: Staff to make a copy f r applicant UO. - CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA) is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the 15'working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: Robson Homes Inc SIGNATURE: ADDRESS: PO Box 8690 EMAIL: rabosnho es95Qgmaii.com TELEPHONE: 319-845-4063DATE: 118121 A. What is the Address of the property being improved? 840 Grindstone Circle What is the Legal Description of the property? (May beeavailable at County Recorder's Office on 2°d floor of the Courthouse) Prairie Meadow Estates A Condominium Unit 840. 6 C &(,C-ck B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2020-00005911 Date permit was issued: OY3112020 Total permit(s)valuation: 100,090.00 D. What was the cost of the new construction? 130.00o-00 E. Estimated or actual date of completion of this new construction? 1012312020 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 231 of 547 4 Page 1 of 1 Number. 202100013989 Recorded: 1/4/2021 at 3:55:19.0 PM County Recording Fee: $27.00 Iowa E-Filing Fee: $3,00 Combined Fee: $30,00 Revenue Tax.- Sandie ax;Sandie L. Smith, RECORDER Black Hawk County, Iowa i FOR RECORDER'S USE ONLY I Prepared By: Eric McCreedy,Hills Bank and Trust Company, 131 Main Street,PO Box 160, Hills,IA 52235, (800)445-5725 ADDRESS TAX STATEMENT: Robson Homes, Inc.; PO Box 8690; Cedar Rapids, IA 52408-8690 RECORDATION REQUESTED BY: Hills Bank and Trust Company, Cedar Rapids Southwest, 131 Main Street, PO Box 160, Hills, IA 52235 WHEN RECORDED MAIL TO: Hills Bank and Trust Company, Attn: Post-Closing Dept., 131 Main Street; PO Box 160, Hills, IA 52235-0160 ASSIGNMENT OF RENTS The names of all Grantors (sometimes "Grantor") can be found on page 1 of this Assignment. The names of all Grantees (sometimes"Lender") can be found on page 1 of this Assignment, The property address can be found on page 1 of this Assignment. The legal description can be found on page 1 of this Assignment. The parcel identification number can be found on page 1 of this Assignment. THIS ASSIGNMENT OF RENTS dated December 22, 2020, is made and executed between Robson Homes, Inc.(referred.to below as "Grantor")and Hills Bank and Trust Company, whose address is 131 Main Street,PO Box 160, Hills,IA 52235 (referred to below as"Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security Interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located In Black Hawk County, State of Iowa: Units 830, 840, and 842 and the undivided interest in the common elements apurtenant to said units, in Pratr€e Meadow Estates, A Condominium, recorded in Doc. 92017-11285 on December 16, 2016, as amended by First Amendment in Doc#2017-13976 recorded February 3, 2017, as amended by Second Amendment in Doc #2019-2874 recorded August 20 , 2018, as amended by Third Amendment in Doc #2020-1458 Filed July 24, 2019 as amended by Fourth Amendment in Doc 92020-17423 Filed April 9, 2020, and as amended by Fifth Amendment in Doc #2021-1251 Filed July 17, 2020 and being laid out on Lots 1 through 7 and Lot A In Prairie Meadow Estates Addition,Waterloo, Black Hawk County, Iowa. The property or its address is commonly known as 830, 840, and 842 Grindstone Cr, Waterloo, IA 50702, The Property tax identification number is 8813-11-203-017, TBD, TBD. The Real Property parcel identification number is 8813-11-203-017,TBD,TBD, FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Grantor,together with all interest thereon. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, i File Number: 2021-00013989 Seq. 232 of 547 1 -9, ', .. \\ \\ N. A 'os 5 Bit— 7M vIt--lz dF 11 Am� 4F y I Tl O O -F�INTAI 20 ma mot .......... ....... .... CITY OF WATERLOO Council Communication Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a single duplex unit valued at$130,000, for property located at 841 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 841 Grindstone Circle From Backup Material ❑ CLURA 841 Grindstone Circle Map Backup Material Resolution approving the request of Robson Homes Inc., for tax SUBJECT: exemptions on the construction of a single duplex unit valued at$130.000, for property located at 841 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit 841 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates,A condominium, pursuant to declaration of horizontal property regime recorded in Doc No. 2017-11285 on December 16, 2016, as amended by First Amendment in Doc. No. 2017- 13976 recorded February 3, 2017, as amended by Second Amendment in Legal Descriptions: Doc. No. 2019-2874, recorded August 20, 2018, as amended by Third Amendment in Doc. No. 2020-1458 filed July 24, 2019, as amended by the Fourth Amendment in Doc. No. 2020-17423 filed April 9, 2020, as amended by Fifth Amendment in Doc. No. 2021-1251, filed July 17, 2020, and as subsequently may be amended being laid out on Lots 1 though 7 and Lot A Page 234 of 547 in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 235 of 547 For Office Use Only Date Received: { ,4 461 t Received by: • Staff to make a copy fo applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I`working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: Robson Homes Inc SIGNATURE: ADDRESS: Po Box 8690 EMAIL: robsonhomes95@gmail.com TELEPHONE: 319-845-4063 DATE: 1/8/2021 A. What is the Address of the property being improved? 841 Grindstone Circle What is the Legal Description of the property?(May be available at unty Recorder's Office on 2nd floor of the Courthouse) Prairie Meadow Estates A Condominium Unit 841 -�,Q� G� B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2020-00005913 Date permit was issued: 03131/2020 Total permit(s)valuation: 100,000.00 D. What was the cost of the new construction? ]V,DCC, E. Estimated or actual date of completion of this new construction? 1212312020 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACKHAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 236 of 547 Page 1 of 1 s. ErX.{SZT aAu f' q14 Ta theuudivid'intergs#in.thecommon alewf%ft.#ppp4nA0t-tib_mid'Udit9. In a r * �* a d� �s, �a c n�aHs �a,.: �a raa�a c� :do:lm ate o 'l O.dZ00�:� re ime re- I �Aoc-:.No-201 7��AS on I ecember��;2Q1G,�s a�eaided � . � od �nat�ia� :i � a� �boa t b' 2 '1R.�a� and ��X018,� � !X6 as A a d � fl 142-M AWil r.��r�� :�� �O �p a� �������� ��+ IEilf�l� a F� coo uuc� WAY endod cud bi<� gid.. ,0 . a ha' r 'MWQw XS��. . f File Number: 2021-0061 2RR�@"7 .r ? •, 7) 4m Vp or, lw VIA ;. Jr1 lr 7 _ ` r r rt— Q : ANN d is s `•, Rs Y, PINTA l - I C7 ` e , „r, � � _ �; . fit'.. •;dt - ., 20 1ponn 92 CITY OF WATERLOO Council Communication Resolution approving the request of Robson Homes, Inc., for tax exemptions on the construction of a single duplex unit valued at$130,000, for property located at 842 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 842 Grindstone Circle Form Backup Material ❑ CLURA 842 Grindstone Circle Map Backup Material Resolution approving the request of Robson Homes, Inc., for tax SUBJECT: exemptions on the construction of a single duplex unit valued at$130,000, for property located at 842 Grindstone Circle, and located in the City L' its Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit 842 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates,A condominium, pursuant to declaration of horizontal property regime recorded in Doc No. 2017-11285 on December 16, 2016, as amended by First Amendment in Doc. No. 2017- 13976 recorded February 3, 2017, as amended by Second Amendment in Legal Descriptions: Doc. No. 2019-2874, recorded August 20, 2018, as amended by Third Amendment in Doc. No. 2020-1458 filed July 24, 2019, as amended by the Fourth Amendment in Doc. No. 2020-17423 filed April 9, 2020, as amended by Fifth Amendment in Doc. No. 2021-1251, filed July 17, 2020, and as subsequently may be amended being laid out on Lots 1 though 7 and Lot A Page 239 of 547 in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 240 of 547 For Office Use Only Date Received: f j I-Xt 0 0r ' ` r Received by: I ow • Staff to make a copy for app icant a CITY LIMITS UREA N REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a Vicar_100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must he filed with City prior to the 1St working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: Robson Homos Inc SIGNATURE: ' ADDRESS: Po sox a690 EMAIL: robsonhomes 419gm,ad,corn TELEPHONE' 319-845-4063 DATE: 11812021 A. What is the Address of the property being improved? 842 Grindstone Circle What is the Legal Descriptio!/of the property? (May be available at County Recorder's Office on 2°d floor of the Courthouse) Prairie Meadow Estates A Condominium Uni1842 z5iLpP a `c ir B. What was the nature of the improvernent(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2020.00005912 Date permit was issued: 03/3112020 Total permit(s)valuation: 100.0 0.00 D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? 10/29/2020 Note: City Council approval does:not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: TJ. Koenigsfeld DENIED Black Hawk County Assessor Page 241 of 547 3 Page 1 of 1 Number: 202100013989 Recorded: 1/4/2021 at 3:55:19.0 PM County Recording Fee: $27.00 Iowa E-Filing Fee: $3.00 Combined Fee: $30.00 Revenue Tax; Sandie L. Smith, RECORDER Black Hawk County, Iowa i FOR RECORDER'S USE ONLY { Prepared By; Eric McCreedy, Hills Bank and Trust Company, 131 Main Street, PO Box 160, Hills,IA 52235, (600)445-5725 ADDRESS TAX STATEMENT: Robson Homes, Inc.; PO Box 8690;Cedar Rapids, IA 52408.-8690 RECORDATION REQUESTED BY: Hills Bank and Trust Company, Cedar Rapids Southwest, 131 Main Street, PO Box 160, Hills, IA 52235 WHEN RECORDED MAIL TO: Hills Bank and Trust Company, Attn: Post-Closing Dept., 131 Main Street; PO Box 160, Hills,IA 52235-0160 ASSIGNMENT OF RENTS The names of all Grantors (sometimes"Grantor') can be found on page 1 of this Assignment. The names of all Grantees (sometimes"Lender")can be Lound on page 1 of this Assignment. The property address can be found on page 1 of this Assignment. The legal description can be found on page 1 of this Assignment. The parcel identification number can be found on page 1 of this Assignment. THIS ASSIGNMENT OF RENTS dated December 22, 2020, is made and executed between Robson Homes,Inc, (referred to below as"Grantor")and Hills Sank and Trust Company, whose address is i31 Main Street,PO Box 160, Hills, IA 52235 (referred to below.as"Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right,title,and interest in and to the Rents from the following described Property located in Black Hawk County,State of Iowa: Units 630., 840, and 842 and the undivided interest lh the common elements apurtenant to said units, in Prairie Meadow Estates, A Condominium, recorded in Doc. #2017-11285 on December 16, 2016, as amended by First Amendment In Doc 42017-13976 recorded February 3, 2017, as amended by Second Amendment in Doc 92019-2874 recorded August 20 , 2018, as amended by Third Amendment in Doc #2020-1458 Filed July 24, 2019 as amended by Fourth Amendment in Doc #2020-17423 Filed April 9, 2020, and as amended by Fifth Amendment in Doc #2021-1261 Filed July 17, 2020 and being laid out on Lots 1 through 7 and Lot A in Prairie Meadow Estates Addition,Waterloo, Black Hawk County, Iowa. The Property or its address is commonly known as 830, 840, and 842 Grindstone Cr, Waterloo, IA 50702, The Property tax identification number Is 8813-11-203-017, TSD, TBD. The Real Property parcel identification number is 8813-11-203-017,TBD,TBD. FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Grantor, together with all interest thereon. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT,AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Asmgnment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, File Number: 2021-00013989 Seq. 1 242 of 547 -9, ,, —t. \\ \\ �Tl N. A .0s 0001 5 Bit— 7M vIt--lz dF ir I mf4 O O RSYD -7 joi ,I:z milk =lk MEL 10 FEW. =ZMEPV— ld CITY OF WATERLOO Council Communication Resolution approving the request of Mehmed and Endi Mujakic for tax exemptions on the construction of a single duplex unit valued at$100,000, for property located at 852 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 852 Grindstone Circle Form Backup Material ❑ CLURA 852 Grindstone Circle Map Backup Material Resolution approving the request of Mehmed and Endi Mujakic for tax SUBJECT: exemptions on the construction of a single duplex unit valued at$100.000, for property located at 852 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit 852 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates,A condominium, pursuant to declaration of horizontal property regime recorded in Doc No. 2017-11285 on December 16, 2016, as amended by First Amendment in Doc. No. 2017- 13976 recorded February 3, 2017, as amended by Second Amendment in Legal Descriptions: Doc. No. 2019-2874, recorded August 20, 2018, as amended by Third Amendment in Doc. No. 2020-1458 filed July 24, 2019, as amended by the Fourth Amendment in Doc. No. 2020-17423 filed April 9, 2020, as amended by Fifth Amendment in Doc. No. 2021-1251, filed July 17, 2020, and as subsequently may be amended being laid out on Lots 1 though 7 and Lot A Page 244 of 547 in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 245 of 547 IMG 9416.jpg 12129)20,7:07 PM For Office Use Only Dale Received: 'may �ll Received by: Mfdrlo make a CPpf a r CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDERTHE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a wear 100%property tax exemption on the actual value added for new construction one or two fancily dwellings(single family homes or duplexltwin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed witlr City prior to the s'working da o'Februa following the year when the improvements are completed to comply with the thneline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a o' single application may be filed upon completion of on entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Pkease fill out the following information for your application to be submitted to the City Council.Projeels started;Prior�the adaption date of July 18,22, f 0,11do not qualify. NAME: M�ma4l:u 1M V Ie- SIGNATURE: 1 ADDRESS: 651-61-0-� n /r• EMAIL: TELCPHONE: 0. DATE: 1 , A. What is the Address of the property being improved? 652 �rtv�dS-�n►,e �r+r• �f! ']p° ---Q1 57-b7oZ t What is the Legal Description ofthe property?(May be available at County Recorder's Office on 21"Floor of the Courthouse) B. What was the nature of the improv/Iement(s)?(must be single family homes or duplex/hvin homes to qualify) Oa✓ A ✓vGT7OVI C. City of Waterloo Building and inspections Department Information: Perot Number: 20ZO" zDate permit was issued: ��ZO Total perrnil(s)valuation: D. What was the cost of the neW construction? t/ 1 dLf) 4w E, Estimated or actual date ofcompletioh of this new construction? /6 -�ZU Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's 011ice for criteria eligibility. C1TY OF WA'f ER1,00 OFFICE USE ONLY APPROVED DATED: RCSOLUTION NO: DENIED 131.ACK I1AWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: TJ.Koenigsfeld DCsNlf,l7 Black Hawk County Assessor https;/Imall.google.com/mail/u/0/ Page 1 of 1 Page 246 of 547 Page 1 of I -EXHIBIT "A"' Uitit.852tind theUtdividied inlOrgst lft.th-e.,winoon i 0. eiMcadow propc vc corded Do.g.'.-Ko.2.017 0 "rt ghhib fteo, .6 lirecorded.Febrajiwy 3,10 ' g amend.ed Batt'i 11 Dy 0 ep..-N 147 4'-%ee6r-deL m "ST Mew d-wd ' fft-I owimded bywirra �aour 12. 48 - '- d' X o, 00 dd. � by , - y 0' . Mkwk� Jwboc.N&2021,41ti hi6i R May. 0.. pall As. quo :1 thio pgW-.-piW Ot A- ,- fi Dlrx Ae,-Mg UIOOA9:��p b File Number: 2021-00&f=44�;@h5,V -9, ,, .. \\ \\ �Tl N. A .0s 0001w 5 Bit- 7M vIt--lz dF ir I mf4 RSYD _MF AqM P, D -PINTAI mim =lk IV, .. In ---7777L"' CITY OF WATERLOO Council Communication Resolution approving the request of Open Water Properties, LLP, for tax exemptions on the construction of a new single family home valued at$199,900, for property located at 2100 Ansborough Avenue, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 2100 Ansborough Ave. Form Backup Material ❑ CLURA 2100 Ansborough Ave. Map Backup Material Resolution approving the request of Open Water Properties, LLP, for tax SUBJECT: exemptions on the construction of a new single family home valued at $199,900, for property located at 2100 Ansborough Avenue, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Parkview Gardens Lot 5 Page 249 of 547 CITY LIMITS URBAN REVITALIZATION"PLIC FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION O FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CI � TY � • REVITALIZATION AREA PLAN ADOPTED BY THE CITY CO C OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly dwellings(single family homes or duplex/twin homes)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior_to the 1'working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. A..qNAME: O� nJI( TEI2 � r- T1�5, SIGNATURE: ADDRESS: !7 Z19 C N 9)e y Cf L`"F al.cJ� par9�il,�r TELEPHONE: J I ! V23 -96 0 DATE: 1- 5-20121 A. What is the Address of the property being improved? dVin0 A�S-Rl' '� 4!5- What is the Legal Description of the property?(May be available at County Recorder's Office on 2"4 floor of the Courthouse) B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) A/Civ - C. City of Waterloo Building and Inspections Department Information: Permit Number: f7� Date permit was issued: ~"6- 2420 Total permit(s)valuation: 096py D. What was the cost of the new construction?— E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 250 of 547 k w. On GUNNER RD 4A LIJ 1 - .y wx. . .r .. o w ' r m t _ v z .r LT r / - d T _ I 1 �] - "MEMO A ka Oak —UPLAND DR - Page 251 CITY OF WATERLOO Council Communication Resolution approving the request of Gary and Kendra Knudson for tax exemptions on the construction of a new single family home valued at$1,200,000, for property located at 5107 South Fork Lane, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ CLURA 5107 Southfork Lane Form Backup Material ❑ CLURA 5107 Southfork Lane Map Backup Material Resolution approving the request of Gary and Kendra Knudson for tax SUBJECT: exemptions on the construction of a new single family home valued at $1,200,000, for property located at 5107 South Fork Lane, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: South Fork Estates Lot 6 Page 252 of 547 ]Car Qg"ice[Ise Doty _ f' aU Date Received: _�[ Received by: A � j--1 11 Stuff to make a copy fur applicant y CITY Lnms URBAN REVITALIZATION APPLICATION e t " APPLICATION FOR PRf)PERTY:TAX EXIiMP"1`ION FOR CONS I I;UCTIOIV OF NEW ONE 01[t TWO F?,NALLY Dl,lWELLINGS UNDER THE PROVISIONS OF THC CITY LIlVIITS ITRBAN REVITAI I7AT10N AREA PLAN } ADOPTED BY THE C1TY COUNCIL OF THE CITY OF WATER1.00 f ,The Ctty',I.im�ts Urban Revataitzatton Area(CLURA)as a wear 10045`property tax exemption on the actual value,added for flepr construction vne or two family dwelhns(sangle family homes or cluplex/twtn homes only)that meet the following criteria: " Ee located 1.withm the CLURA 6oundanes(a map of which can be obtaaned froze the Cary of Waterloo Community Planning j 8c�evelopmentDepartment) 2 Thts appkcatron must;be filed rvtUt City: nor to'the l wor. , da of Feb follow�ug the year when the improvements r, aze completed to comply with the ttmeluue of the State Code of Io1.wa,Seetton 4Q4 4'unnumbezed paragraph?•:"However,a ,. ' s'mgle apphcaEton may be filed upon completion of an entue pro3ec#requuzng more`than one year to constrnck or complete, provtdmg pear approvaY has beengranted by the City Conuctl ar County Board of Supervtsgrs - .� P3ease f ll out the fallowing anfonuatton for your appltcatton to be subm'tted#o the City Coancil Pi o1ects started prior to l[te. adoption tlate,afty I8 ZOil"do not qualdy .. h - ! NAME Q SIGNAT )RE ADDRESS i Jr EMAIL a r 5� 0011) ��IX�11A 1077 i I :v ; TFrF�1.up DATE / i y ; A What is theAddress of the property being rmproved7 Il P tAf LQ�I1 n.. . ni t ] n�lzk. . e w What is the Legal Descnphon of the property?(May be available`at CountyRecutder s Office an 2na floor of the Courthouse) 7 4 y �� r z w, `I 4 � B What was the nahtre of the xtnprovement(s) (must be single family homes or daplex/twm!►owes to gnahfy) s C r r \s - L' ty of Waterloo�mldtng and Inspections Department hzformatian : . . �. .: N. Total eratnt s :valuation: a Q _ R Perlmt Numbez P x Q 7 P .. Date ermat was tssged Cn du�11an aA:. as 19 px 7� oao � DO 00 f D What was the cast of the new constructia[t? �0 =� x1. Dft t� s E Estimated or actuat date of completion of flus neve construcdon� e GtI1� �(�A1' SCQI) l D 3 a0 -; ,� s rote " Cnty Caunctl approval does:trot guazarttee tax exemptions The appl'lltcahon must be 1.ie�newed and approved by the l Black Hawk County Assessor's Office for critena eligibiltiy YL�ITY OF WATERLOO OFFICE USE ONLY �APFROVED DATED RESOLUTION NO r DENIED BLACK HAWK GOL7iTY ASSESSOR OFFICE US.E,ONLY AFROYFD DATED TJ Koenigsfeld D B1ackHawk C , Assessor ry w l , . I f. E SHAULIS RD —� I vwcFifiMi�tEKt�i'4it.. ik r_ is t` rot t � r dt !r t�" low, n 4 Par,254. CITY OF WATERLOO Council Communication Resolution approving the request of Elvis Alicic for tax exemptions on the construction of a new single family home valued at$356,000, for property located at 1711 Falcon Ridge, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ CLURA 1711 Falcon Ridge Form Backup Material ❑ CLURA 1711 Falcon Ridge Map Backup Material Resolution approving the request of Elvis Alicic for tax exemptions on the SUBJECT: construction of a new single family home valued at$356,000, for property located at 1711 Falcon Ridge, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Heights 3rd Addition Lot 8 Page 255 of 547 For Office Use Only { Date Received: 'a 1 Received by:�_ Staff to make a copy fora plicaat CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the 0 working day of FebmarX following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. . cc NAME: �� U "J .A 1 i C I C SIGNATURE: ADDRESS: 1%j i Ul-I c o n (1 c� TELEPHONE: �l�t— "mI DATE: �I f A. What is the Address of the property being improved? l t7! 1 fa lav (I R4;� �T A Ser[ l What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) arse I �S 13 Cj �- Sol - o75 3R- PAA(-�'yn B. What was`the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) N eW S�� C UI(lS `r'1�C'rl�� C. City of Waterloo Building and Inspections Department Information: ii Permit Number:a09o_- Date permit was issued: 1 �� Total permit(s)valuation ���� D. What was the cost of the new construction. �I l-1 t E. Estimated or actual date of completion of this new construction? a Q�o Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld Page 256 of 547 DENIED Black Hawk County Assessor CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK YAWL.COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: T T.J.Koenigsfeld DENIED Black Hawk County Assessor " I i I I i I I Page 257 of 547 THRUSH DR' KITTYHAWKDR- _ r - Lonn y A '4W 1! ZO z r � � 1 CRABAPPLE LN 16 A J' Y 4 � WAXKING WAY --Page f 547 CITY OF WATERLOO Council Communication Resolution approving the request of Lee Dallenback Betsinger for tax exemptions on the construction of a new single family home valued at$349,900, for property located at 1632 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA), and rescinding Resolution No. 2019-301. City Council Meeting:2/1/2021 Prepared: 1/19/2021 ATTACHMENTS: Description Type ❑ CLURA 1632 Blue Wing Form Backup Material ❑ CLURA 1632 Blue Wing Map Backup Material Resolution approving the request of Lee Dallenback Betsinger for tax exemptions on the construction of a new single family home valued at SUBJECT: $349,900, for property located at 1632 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA), and rescinding Resolution No. 2019-301. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on Summary Statement: the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. This was originally approved by Resolution No. 2019-301 on 5/6/19, but had an incorrect legal description. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Hills First Addition Lot 6 Page 259 of 547 For Office Use Only Date Received: Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I"working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a 1 single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: - I�Q•t rr G!� 1Jgk%;vtic�LI-SIGNATURE/ H-rl iLl � J-� ADDRESS: TELEPHONE: 3I9 -Lf 1S 17 N DATE: A. What is the Address of the property being improved? What is the Legal Description of the property?(May be available at County Recorder's Office on 2°d floor of the Courthouse) Lid B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: �+ Permit Number: /Y- ('71b Date permit was issued: 2-07-/ 5K Total permit(s)valuation?`.3S 0 U D. What was the cost of the new construction? �9 0D E. Estimated or actual date of completion of this new construction? t.n a rG V-1 4 d 1 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Ot icc for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTIONNO: DENTED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 260 of 547 v'a ' } l y * \ KESTREL CR J n. x. R � � F i .0 I DAKOTA DR Page 261, CITY OF WATERLOO Council Communication Resolution approving the request of Matthew Smaldino for tax exemptions on the construction of a new single family home valued at$508,217, for property located at 3652 Burton Avenue, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting:2/1/2021 Prepared: 1/21/2021 ATTACHMENTS: Description Type ❑ CLURA 3652 Burton Avenue Form Backup Material ❑ CLURA 3652 Burton Avenue Map Backup Material Resolution approving the request of Matthew Smaldino for tax exemptions SUBJECT: on the construction of a new single family home valued at$508,217, for property located at 3652 Burton Avenue, and located in the City Limits Urban Revitalization Area(CLURA. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Parcel"B" of Plat of Survey Doc. No. 2016-09030 of part of the Northwest Legal Descriptions: Fractional Quarter of Section 2, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Page 262 of 547 For Office Use Only Date Received: 1 Received by: Staff to mace a copy far applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the 111 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. IL�uJ �[�/n�c> NAME: J'� SIGNATURE: ADDRESS: R,SZ 630ti-7-0,1J 4V) EMAIL: 411tf IAWO V,1T- Oho-� G11U)4lL < Low TELEPHONE: � (.5 z /D y 3 3 3 DATE: 04 5i3-N 202-1 A. What is the tlddress of the property being improved? 5 652- C)OrtU AUL/ What is the Legal Description of the property?(May be available at County Recorder's Office on 2°d floor of the Courthouse) 0Ti2?0cQ QTK Sr-C, 2 F�l tZ r D_rSG /9S 666 F 99J, 6 2 P1' TVill r 19x6 ! -SIV71V N OO S 4 w9W, g2 Fr bpd& Ak 4 P6 L 6 , NSG # 20)6 a ,�,e2o B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) AAE-t,fJ Q+LEk)k-L.r Ay(2 C. City of Waterloo Building and Inspections Department Information: Permit Number: 19.7b W Date permit was issued: 1e fj Total permit(s)vatuatiorrl `�`/`/ �4 0 D. What was the cost of the new construction? S-* 2 E. Estimated or actual date of completion of this new construction? d f,WAl2 2-02c) Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTIONNO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Kocnigsfeld DENIED Black Hawk County Assessor Page 263 of 547 Page 1 of 1 LOAN#:EQ80162382 of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage,grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction]of Black Hawk [Name of Recording Jurisdiction]: Parcel"B"of Plat of Survey floe,No,2016-09030 of part of the Northwest Fractional Quarter of Section 2,Township 89 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa, APN#: 891302154003 which has the address of 3652 Burton Ave,Waterloo, [Street]fcityl Iowa 50703 (herein"Property Address'); [ZIP Code] TOGETHER with all the improvements now or hereafter erected on the property,and all easements,rights, appurtenances and rents,all of which shall be deemed to be and remain a part of the property covered by this Mortgage;and all of the foregoing,together with said property(or the leasehold estate if this Mortgage is on a leasehold)are hereinafter referred to as the"Property." Borrower covenants that Borrower is[awfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the property,and thatthe Property is unencumbered,except for encumbrances of record.Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Principal and Interest.Borrower shall promptly pay when due the principal and interest Indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance.Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note,until the Note Is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments,if any)which may attain priority over this Mortgage and ground rents on the Property,if any,plus one-twelfth of yearly premium Installments for hazard insurance,plus one-twelfth of yearly premium installments for mortgage insurance,if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof.Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender,the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency(including Lender if Lender is such an institution).Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.Borrower and Lender may agree in writing at the time of execution of this Mortgage that Interest on the Funds shall be paid to Borrower,and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender,together with the future monthly installments of Funds payable prior to the due dates of taxes,assessments,insurance premiums and ground rents,shall exceed the amount required to pay said taxes,assessments,insurance premiums and ground rents as they fall.due,such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments,insurance premiums and ground rents as they fall due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment In full of all sums secured by this Mortgage,Lender shall promptly refund to Borrower any Funds held by Lender.If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. IOWA-SECOND MORTGAGE-1180-Fannie MaelFreddie Mao UNIFORM INSTRUMENT Form 3616 Modified by Ellie We,Inc. Initials: Ellie Mae,Inc. Page 2 of 5 1 ECI3E 0816 IAVSECnE(CLS) 04113/2020 01.38 PM PST j umber: 2020-00018450 Sell9z 264 of 547 x f —1 ............................. .. Lul z o m 7 Tw d --A Ak - i #. r v i Page 265 of CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $7,615, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/21/2021 ATTACHMENTS: Description Type ❑ Change Order#2 - 5 Bros Addition-Reno Backup Material Motion approving Change Order No. 2 with Cardinal Construction, of SUBJECT: Waterloo. Iowa, for a net increase of$7,615, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: Per revised structural drawings; additional steel members at each corner of existing roof framing. Page 266 of 547 -ter DocuiU£nvird� , Cj,701 — 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:002 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 Date:January 11,2021 OWNER:(Name and address) ARCHITECT:(Nance and address) CONTRACTOR:(Nati:e and address) City of Waterloo 1&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,IA 50703 Waterloo, IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibiu.Also include agreed upon adjustments attributable to executed Constnrction Change Directives.) A, CR 02: Per revised structural drawings;additional steel members at each corner of the existing roof framing........................................................................................................... ..Add $7,615.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$7,615.00. The original Contract Sum was $ 5,516,300.00 The net change by previously authorized Change Orders $ 12,939.00 The Contract Sum prior to this Change Order was $ 5,529,239.00 The Contract Sum will be increased by this Change Order in the amount of $ 7,615.00 The new Contract Sum including this Change Order will be $ 5,536,854.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.ISG) IC". inal Construction,Inc. City of Waterloo ARCHITECT(Firer name) CTOR(Finn name) OWNER(firm name) 51GNATURE SIGN URE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin dart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE January It,2021 January 11, 2021 DATE DATE DATE li AIA Document G701"—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.Ail rights reserved.7 he'American Institute of Architects,""AIA,"Die AIA Logo,and"AIA Contract Documents"are registered trademarks and may riot be used without permission,This document 1 was produced by AIA software al 13:20:18 B7 on 01/11/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3B9ADA34) Page 267 of 547 CITY OF WATERLOO Council Communication Motion approving change orders No. 2 and No. 3 with Kidder Construction, Inc., of Waterloo, Iowa, for no increase to total project, in conjunction with the City of Waterloo Public Works Truck Wash Project, Contract No.19-23490 and authorizing the Mayor to execute said documents. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Change Orders No. 2 &No. 3 Backup Material Motion approving change orders No. 2 and No. 3 with Kidder Construction,. SUBJECT: Inc., of Waterloo, Iowa, for no increase to total project, in conjunction with the City of Waterloo Public Works Truck Wash Project, Contract No.19- 23490 and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Randy Bennett, Public Works Division Manager Recommended Action: Approve Motion Minor adjustments to be made to project. #2) Cut a 16" X 12" opening Summary Statement: thru the existing block wall. #3) Remove schedule 80 PVC waterline-re- route and change to a schedule 40 galvanized waterline. Expenditure Required: $0.00 to total project amount 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. Page 268 of 547 0 =-7�- Document G701 " - 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Public Works Truck Wash Area Contract For:General Construction Change Order Number:002 Improvements for the City of Waterloo, Project No. 19-23490 Iowa. Date:July 30,2020 Date:January 13,2021 OWNER: (Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Kidder Construction,Inc. 715 Mulberry Street 314 East 4th Street 6036 Foulk Road Waterloo,IA 50703 Waterloo,IA 50703 PO Box 2242 Waterloo,IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable,attach or reference specific exhibits.Also include agreed upon adfuslrrnerrts attributable to executed Construction Change Directives) A. COR 02: For PR 01 -Material , labor&equipment to saw cut a 16"x 12" opening thru the existing block wall.......................................................................................Add $1,058.00 REDUCE SPECIFIED GENERAL ALLOWANCE FROM $6,689.57 TO$5,631.57. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was $ 302,574.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 302,5_74.00 The Contract Sutn will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 302,574.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be November 30,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and tune have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL.SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Kidder Construction,Inc. City of Waterloo _ ARCHITECT(Firm name) CONTRACTOR(Niall name) OWNER(Finn nantne) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,Architect/Projeet Lonnie Kidder Quentin(Tart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE January 13 2021 DATE DATE DATE AIA document G701N--2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document I was produced by AIA software at 17:08:12 ET on 01/13/2021 under Order No.8114132283 which expires on 0711 212 02 1,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"'Terms of Service.To report copyright violations,e-mail wpyright@aia.org. User Notes: (31139ADMA) Page 269 of 547 R Llil Document G701 ' - 2017 Change Order PROJECT: (Nance and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Public Works Truck Wash Area Contract For:General Construction Change Order Number:003 Improvements for the City of Waterloo, Project No. 19-23490 Iowa. Date:July 30,2020 Date:January 13,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Nance and address) City of Waterloo I&S Group,Inc.(ISG) Kidder Construction,Inc. 715 Mulberry Street 314 East 4th Street 6036 Foulk Road Waterloo,IA 50703 Waterloo,IA 50703 PO Box 2242 Waterloo,IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives) A. COR 03: Cost to remove Schedule 80 PVC waterline. Re-route and change to a Schedule 40 galvanized waterline.................................................................................Add $2,996.90 REDUCE SPECIFIED GENERAL ALLOWANCE FROM$5,631.57 TO$2,634.67. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was $ 302,574.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 302,574.00 The Contract Stun will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 302,574.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be November 30,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in wbich case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Kidder Construction,Inc. City of Waterloo ARCHITECT(Firm name) CONTRACTOR(Firer najne) OWNER(Finn name) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,.Architect/Protect Lonnie Kidder Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE January 13,2021 DATE DATE DATE AIA Document G701"—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 17:24:02 ET on 01/13/2021 under Order No.8114132283 which expires on 07/1212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADA37) Page 270 of 547 CITY OF WATERLOO Council Communication Motion approving Change Order No. 3 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $753.00 in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/13/2021 ATTACHMENTS: Description Type Change Order#3 - 5 Sullivan Bros Exhibition Hall Backup Material Ceiling Renovation Motion approving Change Order No. 3 with Cardinal Construction, of SUBJECT: Waterloo, Iowa, for a net increase of$753.00 in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Ceiling height changes - cost for gypsum board assemblies. Page 271 of 547 -@..,,- A rn Document G701 - -, 10- 17 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:003 Addition and Renovation,Waterloo,IA. Project No: 20-23943 Date:September 08,2020 Date:January 11,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,lA 50703 Waterloo,[A 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference.specoc exhibits.Also include agreed upon adjustments attributable to executed Constriction Change Directives) A. CR 03: Per ASI 03- Ceiling Height Changes,cost for gypsum board assemblies.....................Add $753.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$753.00. The original Contract Stun was $ 5,516,300.00 The net change by previously authorized Change Orders $ 20,554.00 The Contract Sum prior to this Change Order was $ 5,536,854.00 The Contract Sum will be increased by this Change Order in the amount of $ 753.00 The new Contract Sum including this Change Order will be $ 5,537,607.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. 1&S Group,Inc.(ISG) C4rdinal Construction,Inc. City of Waterloo ARCHITECT(Firm name) C CTOR(Firm name) OWNER(Firm name) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE January 11,2021. January 11, 2021 DATE DATE DATE AIA Document G701"—2017,Copyright 9)1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract documents"are registered trademarks and may not he used without permission.This document was produced by AIA software at 13:30:41 ET on 01111/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADA31) Page 272 of 547 CITY OF WATERLOO Council Communication Motion approving Change Order No. 6 with Peters Construction Corporation, of Waterloo, Iowa, for no increase to the project total, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/13/2021 ATTACHMENTS: Description Type ❑ Change Order#6 - 5 Bros Exh Hall Ceiling Reno Backup Material Motion approving Change Order No. 6 with Peters Construction Corporation, of Waterloo, Iowa, for no increase to the project total, in SUBJECT: conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: Cost for As-Built Drawings $3,000 -reduce specified as built allowance from$3,000 to zero. Contract sum remains unchanged. Page 273 of 547 4.= Document G70f -- 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:006 Exhibit Hall Ceiling Renovation, Project No: 19-23188 Waterloo,IA. Date:May 07,2020 Date:January 6,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Peters Construction Corporation 715 Mulberry Street 314 East 4th Street 901 Black Hawk Road Waterloo,IA 50703 Waterloo, [A 50703 PO Box 2940 Waterloo,IA 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) A. Cost for As-Built drawings........................................... --- .- --...--...--...........Add$3,000.00 REDUCE SPECLFIED ASTjW1GTALLOWANCE FROM$3,000.00 TO ZERO. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was $ 939,810.00 The net change by previously authorized Change Orders $ 11,737.33 The Contract Sum prior to this Change Order was $ 951.547.33 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 951,547.33 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be September 25,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive, NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Peters Construction Corporation City of Waterloo ARCHITECT(Firm name) CON CTOR(Firm name) OWNER(Firm name) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,Architect/Project Bradley Best,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE January 6,2021 o DATE DATE DATE AIA Document G701'—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 10:32:03 ET on 01/06/2021 under Order No.8114132283 which expires on 07/12/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Nates: PageBW430f 547 CITY OF WATERLOO Council Communication FY 2021 Greenbelt Lake REAP Grant Project, Contract No. 1042. City Council Meeting:2/1/2021 Prepared: 1/5/2021 ATTACHMENTS: Description Type ❑ Plans and Specifications FY2021 Greenbelt Lake Backup Material Project, Cont. No. 1042 ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract etc., and authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids and refer to Leisure Services Director for further review. Submitted by: Submitted by: Travis Nichols, Facilities/Project Manager Recommended Action: Summary Statement: This project consists of a concrete fishing pier, connecting sidewalk,ADA parking stalls and eight(8) fishing access points at Greenbelt Lake. Expenditure Required: Estimate $250,000 G.O. Bond Funds Source of Funds: $200,000 Iowa DNR Reap Grant Policy Issue: This project supports City of Waterloo Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Alternative: N/A Page 275 of 547 FY 2021 GREENBELT LAKE REAP GRANT PROJECT TABLE OF CONTENTS NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING ARCHITECT BID FORM INSTRUCTION TO BIDDERS GENERAL CONDITIONS GENERAL SPECIAL PROVISIONS STATEMENT OF BIDDERS QUALIFICATIONS BID BOND PERFORMANCE BOND PAYMENT BOND NON-COLLSION AFFIDAVIT OF PRIME BIDDER NON-COLLSION AFFIDAVIT OF SUBCONTRACTOR EQUAL OPPORTUNITY CLAUSE INFORMATION FOR TAX EXEMPTION MBE/WBE CONTRACT COMPLIANCE PROGRAM MBE/WBE BID CONTRACT INFORMATION FORM INSTRUCTIONS CERTIFIED MBE/WBE CONTRACTORS CITY OF WATERLOO COVID-19 PRECAUTIONS a ■ ■ n architecture &planning Page 276 of 547 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2021 Greenbelt Lake Reap Grant Project In the City of Waterloo, Iowa CONTRACT NO. 1042 PRE BID MEETING Pre bid meeting will take place on Wednesday January 6t", 2021 at 10:00 am at Greenbelt Lake Park Martin Road. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 28th day of (January) ( 2021 until 1 :00 p.m. for the construction of the Greenbelt Lake Park, Contract No. ( 1042 , as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Due to Covid-19 health and safety concerns all proposals received will be opened by Waterloo City Officials via zoom meeting on the 28th day of (January), (2D21J, at 1 :00 p.m. and will be live steamed on Youtube on the City of Waterloo website http://ci.waterloo.ia.us./ The proposals will be acted upon at such later time and place as may then be fixed by the City Council. If council chambers are open to the public for city council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. PUBLIC HEARING The Council of said City will conduct a public hearing meeting on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above described improvement project at 5:30 p.m. on (February 1St, 2021 ). The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via Zoom videoconferencing. If council chambers are closed to the public for city council meetings due to health and safety concerns from COVID-19, the city council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting, visit: https://www.cityofwaterlooiowa.com/government/city council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to comments@waterloo-ia.org, which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If council chambers are open to the public for city council meetings, the public NOTICE TO BIDDERS CONTRACT NO. 1042 Pagl�qqq G77 of 547 may attend the meeting in person but is required to wear a mask and practice social distancing. SCOPE OF WORK The extent of the work involved is construction of a steel pile and concrete pier in Greenbelt lake, as well as the placement of lake limestone blocks at the lake edge in 8 locations. Also included is concrete parking and eight foot concrete trail to the pier BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commence on (March 1st, 2021 ), after receipt of "Notice to Proceed" and all items shall be completed on or before (September 30th, 2021 ). METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31 ) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by (Align Architecture & Planning) which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from ( Align Architecture & Planning upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to (Align Architecture & Planning (327 E. 4th St. Ste. 204, Waterloo, IA 50703J by the end of the 14th consecutive day after the project has been awarded. No deposits will be NOTICE TO BIDDERS CONTRACT NO. 1042 Pag� G78 of 547 refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for (the City or consulting engineer or architect) to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED NOTICE TO BIDDERS CONTRACT NO. 1042 Page X79 of 547 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 NOTICE TO BIDDERS CONTRACT NO. 1042 Pag�gW G80 of 547 in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not substantially completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of (five hundred ) dollars ($500) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. NOTICE TO BIDDERS CONTRACT NO. 1042 Page G81 of 547 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CONTRACT NO. 1042 Page G82 of 547 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2021 Greenbelt Lake Reap Grant Project, CONTRACT NO. 1042 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo at City Hall, 715 Mullberry Steet, Waterl000, IA 50703 no later than Thursday, January, 28th 2021 at 1:00 p.m. for the Greenbelt Lake Reap Grant Project, No. 1042 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 Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 28th st 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. The bid opening will be live streamed on YouTube and available on the city website http://cl.waterloo.1a.us/ . PUBLIC HEARING The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via Zoom videoconferencing. If council chambers are closed to the public for city council meetings due to health and safety concerns from COVID-19, the city council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting, visit: https://www.cityofwaterlooiowa.com/government/gity council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to comments@waterloo-ia.org, which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If council chambers are open to the public for city council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. 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 1st day of February, 2021. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by Alun Architects 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 NOTICE OF HEARING CONTRACT NO. 1042 Pag�qqq ?83 of 547 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. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://cl.waterloo.1a.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 Rapid Reproductions 6201 Chancellor Drive Cedar Falls, IA 50613 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: htV.//dodgepromects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project- leads/ SCOPE OF WORK The extent of the work involved is construction of a steel pile and concrete pier in Greenbelt Lake, as well as the placement of large limestone blocks at the lakes edge in eight (8) locations. The project also includes concrete parking and eight foot concrete trail to the pier. 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 28th of January 2021. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 1042 Pag� ?84 of 547 FY 2021 Green Belt Lake Reap Grant Project Contract No. 1042 Align Architecture & Planning BID FORM DESCRIPTION TOTAL 1 Mobilization 2 Piles & Headwall 3 Import Soil & Erosion Stone/Seeding 4 Trail & Parking 5 Concrete Pier Deck 6 Hand Rails 7 Stone Stacks @ 8 Locations Assuming 54 Tons 8 Contingency Allowance $5,000.00 BASE BID TOTAL UNIT PRICES 9 Stone Stacks @ 8 Locations — Placed Per Ton $/Ton ADD ALTERNATES 10 Piles Encased with Concrete Collars COMPANY NAME AUTHORIZED SIGNATURE Page 285 of 547 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. Page 286 of 547 IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE 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 performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10 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. For more information contact City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION 3/ HUD ACT OF 1968 To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying Page 287 of 547 materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. IX. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. X. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract Page 288 of 547 documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. Page 289 of 547 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not Page 290 of 547 commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and construction equipment during time of construction. The City Forester will determine the extent of protection necessary for the trees. Page 291 of 547 Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury (including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence Page 292 of 547 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. THE CITY OF WATERLOO IS TAX EXEMPT. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 293 of 547 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with the F.Y. 2021 Green Belt Lake Reap Grant Project No. 1042, in accordance with these specifications. The specifications are dated January 28th, 2021. They have the general title of F.Y. 2021 Greenbelt Lake Reap Grant Project No. 1042 The standard specifications of the City of Waterloo are to be used along with the special provisions described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that the materials are not GENERAL SPECIAL PROVISIONS CONTRACT NO. 901 Page 1 of 4 Page 294 of 547 salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as non- salvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. 7. MAILBOXES The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment but will be considered incidental to the item to which it applies. 8. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant, and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. 9. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 10. PERMISSION TO HAUL OVER STREETS, RAILROADS, AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of GENERAL SPECIAL PROVISIONS CONTRACT NO. 901 Page 2 of 4 Page 295 of 547 the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways, and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 11. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The Service Facilities Manager or the Golf Manager may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts, which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street, and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 12. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-construction conference for the purpose of discussing the contract. 13. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the contractor and the respective utility company. GENERAL SPECIAL PROVISIONS CONTRACT NO. 901 Page 3 of 4 Page 296 of 547 14. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 15. TRAFFIC CONTROL DURING CONSTRUCTION (INCIDENTAL) The Contractor shall provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required per the current City of Waterloo Driveway and Sidewalk Specifications or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading necessary for completion of this project shall be considered incidental to contract bid items. 16. GRADES, LINES, LEVELS, AND SURVEYS The Contractor shall verify all grades, lines, levels, and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection but shall be considered incidental to other items of work. The public shall be kept outside of any work area. GENERAL SPECIAL PROVISIONS CONTRACT NO. 901 Page 4 of 4 Page 297 of 547 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in construction work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE. 1 OF 2 Page 298 of 547 Dated this day of , 20 Name of Bidder By: Title: State of ) ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this_day of , 20 Notary Public My commission expires 120 . STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 Page 299 of 547 BID BOND FY 2021 GREENBELT LAKE REAP GRANT KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 20 , for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D. 20------ (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact Page 300 of 547 PERFORMANCE BOND FY 2021 GREENBELT LAKE REAP GRANT KNOW ALL MEN BY THESE PRESENTS: That we, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Page 301 of 547 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name Name By: By: Title: Title: [attach Power of Attorney] Performance Bond Page 2 of 2 Page 302 of 547 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 3 of 2 Page 303 of 547 PAYMENT BOND FY 2021 GREENBELT LAKE REAP GRANT KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars,($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, Page 304 of 547 oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal) Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) Page 305 of 547 (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 306 of 547 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) )ss County of ) being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of 202 Title My commission expires Page 307 of 547 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ss: County of ) being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agents of_ hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to contract pertaining to the project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of 202_. Title My commission expires Page 308 of 547 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES Page 309 of 547 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program— Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAGES Page 310 of 547 (Date) EQUAL OPPORTUNITY CLAUSE PAGE 3 OF 2 PAGES Page 311 of 547 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME SUBCONTRACTOR FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: Brickwork Landscaping Carpentry Painting Concrete Paving Drywall-Plaster-Insulation Plumbing Electrical Roofing-Siding-Sheet Metal Excavation/Grading Windows Flooring Wrecking-Demolition Heavy Construction Other (Please specify) Heating-Ventilating-Air Cond Page 312 of 547 City of Waterloo,_ Iowa 9-n-w-=M--,Wb # I MBE/WBE CONTRACT COMPLIANCE PROGRAM FOR THE CITY OF WATERLOO, IOWA (As amended 08-08-2002) i Page 313 of 547 MBE/WBE CONTRACT COMPLIANCE PROGRAM FOR THE CITY OF WATERLOO, IOWA - 2002 PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where"good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal- setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60- 2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals and quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority business enterprise. Contractor: 2 Page 314 of 547 As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business which is at least 51% owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July I, 2002 Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List or were on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor's Advisory Committee: Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal -No Action necessary 3 Page 315 of 547 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. 4 Page 316 of 547 RESPONSIBILITIES I. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. H. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid,withdrew bid or non-responsive. 5 Page 317 of 547 c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. a X. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid(Form CCO-5)to the City Contract Compliance Officer seven (7)working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7)working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NONCOMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. 6 Page 318 of 547 CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 7 Page 319 of 547 CONTRACT COMPLIANCE FORM INDEX (as of 07-08-2002) Form CCO-1, Contract Compliance Policy This is the Current Contract Compliance Program for the City of Waterloo and must be adhered to for any City of Waterloo contracts over$50,000, funded solely with City funds. Form CCO-2, Subcontractors Bid Request Form This form acknowledges that the Prime Contractor has contacted potential MBE/WBE subcontractors. This form is initiated and signed by the Prime Contractor then signed by the MBE/WBE subcontractor and returned to the Prime contractor by the MBE/WBE contractor. Form COO-3 -Letter to be used when soliciting for Subcontractor Quotes This is a sample letter from the Prime Contractor to Subcontractors soliciting bids for various contract items. Form CCO-4, Pre-Bid Contact Information Form This form and the accompanying Form CCO-4A, must be completed and submitted with the Prime Contractor's Bid. Certification of Prime Contractor Regarding MBE/WBE Unavailability If any MBE/WBE's submitting bids are not selected for subcontract award, documentation must accompany Form CCO-4. Form CCO-4A Pre-Bid Contact Information Instructions Detailed instructions on how Form CCO-4 should be completed and the responsibilities of the Prime Contractor and the Subcontractor. Form CCO- 5, Letter of Intent to Bid from MBE/WBE Contractor Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient scope letters are not received by the City Contract Compliance Officer seven (7) days prior to bid opening, goals on subject project will be reduced accordingly. This form is completed and signed by the MBE/WBE. Form CCO-6, Final MBE/WBE Participation Amounts Upon Completion and Finalization of the project, the Prime Contractor must submit this form with their final documents. It shall be filled out and signed by the Prime Contractor on the project. 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L UNn (D . - o o Z CO � � � a � N ca om O pnr W W L m ° O '� O a) >cL 4. m m ao Om c a° so � �o i � 5 ' o EU c Q� O OU � mMS: W � "O 0 c W O O •C c O -sQ TO 0mU °) 'ITam co m ° o ° , 0m cu 60- cu m o om aim 2 � m � civ ai ca gin °cit O U a0 � a) 3 � n � c � c � o a) o LU 0 cw U W 'U N O m a co E .` 7 N O - s L cow U > v L Q CO E E EE E N -- Ea Q a) a)- U a) � U = z c w " g 02 o M n`_ a-0m c°) cco �i o -05 clime v aa)) uiw F- O v)l w Page 321 of 547 E \ \ .k ) k / CU � '% § g2 E / m / \ I ° Z §c u o 0 Flt = m . ■ ■ \ � / / 2 \ = ot $ a) 12 i / � 0 � 7 = q •§ CL 3 E c § o 4' � .� f \ k / m § / e o ■ f- k (D > « c o o f t » 2 cu .5 ° .2 2 S � « u .\ � 2 2u / / 0 0 - () .0 $ D \2 3 nEE � £ \ 6cn [ tc E 9 a) > •- oo \ m - w 'm c LL o o CL CL E � �\ � � � Ck m o LU 0 o ® @ " c c b a 4) � m / k = - / .§ 2 £ z g 2 - � a S / = e .- CLq § 2 $ / % / M / \ p W � w ( \ / > 0 2k « £ \ o .0 c0g Ef o S b 2 .$ ° « 2 t m 2 U) O 2 / \ tea LU0 mLL -0 =s -0 :3 ■ f O ± a a W 2 e 3 > 2 k f 2 2 Z u a § Z � '0 /_ ] -0 aCR q = � � U � QI wt / � = 3 .0 ° _ § 2 W ■ _ ,e = 405, \k \ k / wk UJ Z C � G / a '� o � � $ « - J 2 cd 0 %/ 2 f / k § c S � q % .c = E m .§ a w S � ° D g - ' EG e � E q / ■ � mg = � _ LL � \ / \ m � 2 \ 0 2m Z2 7 § / 22 \ 3E L � ± m u u @ 'E a m O WFE a 0c � L) § / � q m � q G@ ) \ 2 / 7c � § » 0m E « Q o .- w p -J -0 � 0 >1 J � ƒ v � � \fib k ƒ c CO « .o e £ » S � 2 k � o � = aw £ � \ � ® B E2 � § / \ 2W - Em § E § § 0 2E .- q G § G 2 � § � = ee = . 2R � \ # o 0 \ R >, m _ k wm2 im Ott rfs � / E o k m2 / / \ \ 'ƒ qI % '- e v ƒ £ � e / LU 'r- / 0 $ \ @ § > 2 � f / ° § % 0 @ Q � = e 2- $ 2 ui S E a, £ � § / = $ o '§ £ � � = E a- 2a) E / 2 ± $ \ 3 q £ E § 2 Page 322 0 547 CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex,Suite 202 620 Mulberry Street Waterloo,Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance Contact: Rudy Jones,Community Development Director Email: rudy.ionesAwaterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 MBE/WBE Certified Contractors List Page 1 of 4 Page 323 of 547 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319)232-9808 Pager: (319)235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319)235-0885 Fax: (319)236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE,Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLA TWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319)493-2542 FAX: (319)236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING(ALL TYPES), GENERAL CONSTRUCTION Page 324 of 547 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319)233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319)233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING& GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319)215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLA TWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION Page 325 of 547 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O.BOX 65 Waterloo, IA 50704 Phone: (319)232-9164 Specializing in: COMMERC)AL AND INDUSTRIAL PAINTING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone: (319)233-7481 Certified: City of Waterloo WBE Contact: Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES PETERMAN & HAES CARPET ONE* 4003 University Waterloo, IA 50701 Phone: (319)233-6131 Fax: (319)233-6133 Certified: City of Waterloo WBE Email: JR11486@cfu.net Contact: Carol Reese Specializing in: FLOOR COVERING *DENOTES WOMEN BUSINESS ENTERPRISE Page 326 of 547 CITY OF WATERLOO VENDOR COVID -19 PRECAUTIONS Due to the COVID-19 pandemic and the desire to maintain a safe and healthy workplace for City employees and a safe and healthy place of business for our customers and vendors,the City of Waterloo has developed this set of expectations and operating procedures for the safety of all parties. Communication ➢ City staff will notify positive cases in their department to all vendors within 12 hours of test results. ➢ The City requests that all vendors report positive cases of their employees directly to the city`s project manager and department head within 12 hrs of test results. This includes employees who had been working on or in a City facility up to 4 days prior to the medical appointment with included a Covid test. Standard Operation Procedures ➢ Vendors are asked to comply with the City's Covid protocols when entering a City facility. ✓ Masks are to be worn in all common areas and when six feet of separation cannot be maintained ✓ City employee bathrooms and break areas are not for the use of vendors unless allowed by the Department Head. ✓ Those experiencing symptoms are asked not to enter City facilities ✓ Those who have tested positive are not permitted to enter City facilities until all symptoms and fever are gone and ten 10 days has passed since symptoms first appeared. *Vendors include contractors,subcontractors, consultants,service providers and other vendors entering city facilities on a regular basis 11.09.2020 Page 327 of 547 cms= a CZ) ty FY 2021 Greenbelt Lake REAP Grant Proiect — ■ CLL J O A.- r Oo 0 N � O y p O N LL T Wr�o r 3 U r m a 3 W Location Map Sheet Index � U AT SITE MAP/ INDEX L _ Pat Bowlsby 'O Off-Leash AS1 SITE PLAN Dog Park AS2 SITE PARKING PLAN 0 x AS3 PAVING DETAILS AS4 STONE STACKS 4_0 comp ex AS5 RAILING DETAILS Q .na.a AS6 RAILING PLAN L � a _ PT01 PERMA-TRACK TITLE PT02 PERMA-TRACK PIER PLANS/SECTIONS v PT03 PERMA-TRACK PIER DETAILS Black Haw��Y PT04 PERMA-TRACK PIER DETAILS Q a 5 PT05 PERMA-TRACK PIER NOTES w creenbeltLake "°� ° S1 ABUTMENT DETAIL a S2 PIER AND ALTERNATE ENCASEMENTMIII Id W Cei bratibr��I1ur'ch: First Assemb Jof God J © ,o g NOTE: City requires Contractor to obtain a (CSR) Construction J Site Runoff permit. This permit requires location of topsoil stacking }+ and sediment runoff protection into the Lake, concrete washout, Waterloo, Iowa ;;/ a porta- potty and dumpster among other items.A pre construction inspection and a post construction inspections are manditory. co co O 00 v O C) The portion of this technical submission LO N DSCgp described below has been prepared under -0 Q M F� the direct supervision & responsible N M o � aVo� y charge of the undersigned. o o s 00302 � N M LARRY R KURTZ N L OI9�ature Signatur LL G n * 1 28-2021 * Discipline: Landscape Architect Dace �qTF OF �p�P Iowa Registration No.: 00302 Project No. N Pages of Sheets covered by this seal: AS Documents 2018-0033 Date of Issuance: January 28,2021 AT 0 > Page 328 of 547 JAN.28,2021 ■ 'c c J � N ru F) 16 (z LL ■ ■ — 0 Q � ■ v LU LL a� s Y fr 0 — O Z Q CIO N Q Cm Cu m 0 0m � a c W = J - W Q= C W _ ■� o z U � r_ Q r n f� N chi N W W W 0 ■ ~ O N O N C L m 1�,Y Q . I� Z fr .. • � W � � E O 2.o M f0 Q A m t U U o Q W m Z Li U) r� `00 � m T � W fr 0 JQ � a V 0Cr Q � V) O � o- OW W — � Q < � L "- N O U LL Z CC F- D H W 4-1 Or) 70 CD '0_ C/) Y U N w — 0 - U " > -0 >' U) z � UJ LL 0 W o C ' `- N _ o N N a � c\I ~ U = 00 — � Q U 00 Zw � � •_+ T w 0� 0 O N fr U N 0 Z ~ ULCY) CZV 0 0 4 � Z � \ 0 0 O }• .� Cr L L Q X Q J W W N O acnes O CO � � � p m O W � � — N LL (� > n CO W Q_W_ -0 � U U �+ OLO 00 CY) T N SOS Z��� UT) U O Z C) LL CIOa a a a J Z p Y Op � 00 00 > 00w z E Q) 0 W a� 00 00 o G r (n w0 0 o -2M � mC _fr JT ) .— � din cn T cn U cn U Z:)< X z 0 0 Des 000 V 0) Q N o r - - - v T � UZ_ J � � � p < < / z N I CY a / WO � /I �// I – CO CzQZ - - — — — — \ .. / / A _FD 7 4_0 �� W O — 4 M � _ , � T � � �� � 000000 \ - - - I � � -1 CO L- - - - - - - - - - - - - - - � - -� `� �\ \\ I\ o M_ I M I � � c i O O Ob C) LO }, .. - - - - C Q N-.0 .0-. Z „0-,OZ OZ ..0 . 0OZ .0 .OZ ,0OZ .0 . Z - � � �- U - „ „ O o o � � � 0 ,66 o aw ) U QCu �. � U, LL 2 3: U) 00 O N O 2018-0033 Project No.NLO LO T �1 J 1 1 I i I I I 1 I 00 00 00 LO CO 00 00 00 o AS1 z Page 329 of 547 JAN.28,2021 coo c c i a GENERAL NOTES: C16 8'MAX SPACIN 3 Q I SCORE s 1. STRIP EXISTING GRAVEL AND POUR NEW CONCRETE PAD WITH MAX SLOPE OF 2% FALL TOWARDS THE LAKE. s R2o' 2. PROVIDE EXPANSION JOINT AND DOWELS WHERE CU CU i CONNECTING TO TRAIL PAVING. SEE PAVING DETAIL. J I -- _ _ _ _ _ _ _ _ _ _ _ _ _ 2_ x�Arasl \_ _ _ ! _ _ 3. PATCH BACK TO EXISTING PARKING WITH OVER a o 0 Fo EXCAVATION GRAVEL SMOOTH AND COMPACTED. M a A 3 I EXTRA OVER EXCAVATION MATERIALS TO BE SAVED ONN s \ I 857 SITE FOR CITY USE. N a O (D 8'-0° 4-t" 4'-0° 8'-0° �/ J 4. PAINTED LINES PER I.D.O.T. STANDARDS. U Ir— o / �P 5. CITY TO PROVIDE 8"x8"x 7' long WOOD BOLLARDS U FUTURE I �, 8" a" / ��,� I SHOWN ( 9 total) CONTRACTOR TO SET 3 BOLLARDS 42" 0 M WALKWAY 3'4" L. 3'-4" L.L. 3'-4" 3' " T-4 L. 3'-4" L.L. T-4" " P� I DEEP WITH CONCRETE FOOTING 1 @ HANDICAP .� p — — — WALKWAY AND 2 AT GATE. CONCRETE TO BE 16"+ 0 _I 10'4" — _3 I DIAMETER HOLE. L I 858.10 0- 1 1 4° 14'_0" 4" I 6. CONTRACTOR TO COORDINATE BOLLARD POST }, PLACEMENT WITH CITY SUPPLIED GATE AND I I HARDWARE. C: p I a I 7. CONTRACTOR TO INSTALL GATE AND ALL 061 N I ASSOCIATED HARDWARE. V o I Seeding Specification Q O I I Hydro seeding shall be installed per Iowa W Department of Transportation Seeding I 1 specification Section 9010-Seeding. a I I � I � NEW CONCRETE I Per Section 2.02 Seed Mixtures and seeding dates O I 1 ,098 098 S ft I A.Type 1 ( Permanent Lawn Mixture)shall 1 `1 be per table 9010.06 MI - I Creeping red fescue-25lbs/acre Turf type perennial ryegrass 2-20lbs/acre J ' L 4— — — — — — — — — — — — — — — — — — — — — — — — — — J Turf type perennial ryegrass 2 20lbs/acre N Kentucky bluegrass cultivar 3 65lbs/acre +_0 A 3 Kentucky bluegrass cultivar 3 65lbs/acre Kentucky bluegrass cultivar 3 65lbs/acre N 2-choose 2 different cultivars of turf-type perennial 2-0 8-0 8-0 8-0 11 -8 ryegrass,at 20lbs/acre each. � M n1 3-choose three different cultivars of Kentucky co 371-811 bluegrass, at 65lbs/acre each. O � M AREA FOR SEEDING IS SHOWN ON THE SITE PLAN ^ �O Ob AS2 AS 17,000 SF.Areas beyond the described Zone v C)T_ EXISTING GRAVEL shall be considered incidental to the work and not be paid C) CD for. A ' No water will be required by this specification. (� 0 a U I V No mowing will be required by this specification. O O O .0 Kj--� Parking Plan o SCALE: 1/8" = V-0" LL 2 3: NProject No. E 2018-0033 AS2 0 JAN.28,2021 Page 330 of 547 5"THICK C-4 CONCRETE MIX w/class II stone.WITH MEDIUM BROOM FINISH.TYPICAL AT TRAIL AND IL � PARKINGAREA. cu 8'-0" CITY TO PROVIDE METAL GATE AND r �HARDWARE FOR GATE LOCATION. ca)GRADE SMOOTH AND HYDRO SEED CONTRACTOR TO COORDINATE DISTURBED EDGES. GATE SIZE AND LOCATION OFTIMBER BOLLARDS. CONTRACTOR - - - - - -TO COORDINATE PRIOR TOQ 6"-95%COMPACTED BASE OF NATIVE SOIL STRIPPED PLACEMENT BOLLARDS. II `� — — — v OF VEGETATION. I l• % cu m COMPACT BASE TO 95%PRIOR TO PLACEMENT OF I' .1 1 • J FILL. ,' 1 1 8"x8"x7'0"LONG TIMBERS SUPPLIED 11; ch U) N 7,3 -U N Trail Section (Typical) BY CITY, INSTALLED BY = _ _ _ _ _ CONTRACTOR. 1 LL- M V AS3SLOPE CONCRETE AWAY FROM SCALE: 1/2" = 1'-0" BOLLARD. MATERIAL. C?3/8" EXPANSION I •� o U) • •• -• ••" ___vPuft-0 4,000 PSI CONCRETE FOOTINGCONCRETE PATH WITH BROOM FINISH ACROSS 0) FORMED WITH 16" DIAMETER 4"a � �: 1 • GRADE. SONOTUBE. (� W ` • • � *0 � PROVIDE CONCRETE FOOTING • • • +EXPANSION JOINTS AT 4 LOCATIONS WITH FULL @ 3 LOCATIONS:2 AT GATE AND 0 • • • • 1 1 1 1 • DEPTH BITUMINOUS EXPANSION FELT. 1 BETWEEN HANDICAP o • • • I I I I • r �; PARKING STALLS. 4" 8" ••, , 24"LONG#3 REBAR DOWEL-4 @ EACH EXPANSION =• I I I I • *JOINT. CENTER IN SLAB THICKNESS. •11• �' 4_0 . . . ti 1 1 1 1 • I . 1 01) oes N Y • • I I I I ` '1 1/4 DEEP RELIEF CUT EVERY 8' 11-411 ui• 41111, 1111, I a •• •�• • I• I I I I • GRASS SEED ALL DISTURBED AREAS • _ 1 � 1� • 1 1' I I I I ;z, 2~ONG#3 REBAR DOWEL 4 @EACH EXPANSIONTimber BoIIard/Gate Notes �- JOINT. CENTER IN SLAB THICKNESS. PLACE ON 3J ONCRETE BLOCKS. AS3 — Concrete Joint Plan r SCALE: 1" - 1'-0" J }, 2 INTERNATIONAL SYMBOL OF ACCESSIBILITY 4_+ AS3 SCALE: 1/2" = 1'-0" REQUIRED ^^1 PROPORTIONS. W N N L 0 5"THICKNESS CONCRETE PAVING AT ^�^1 M PARKING AND TRAIL OVER COMPACTED W co SUBGRADE. ALL W/BROOM FINISH. 5"DEPTH CONCRETE OVER COMPACTED O SUBGRADE. ALL W/BROOM FINISH. SYMBOL TO BE L M C)i 1/4"x 1 1/1"DEEP SAWCUT CONTROL PAINTED ON I� C:)REMOVABLE EXPANSION JOINT CAP PAVEMENT. STRIPING V ~ T_ JOINTS @ CONCRETE PAVING. OVER 1/2"EXPANSION MATERIAL. AND SYMBOL TO BE LO O CUT JOINTS WITHIN 6 TO 18 HOURS PROVIDE SEALANT AFTER CAP IS (14 WHITE. � AFTER FINISHING. REMOVED ^' 0 Q 0 00 0 95% ` V 51 COMPACTED N M OSUBGRADE PAINT BACKGROUND 95%COMPACTED SUBGRADE24"LONG#3 REBAR DOWEL 4 @ EACH EXPANSION BLUE. JOINT.CENTER IN SLAB THICKNESS. NProject No. Paving Joint Sections2018-0033 =3 r5AS3 _ rT�'� Handicap Parking Paint Asa 0 SCALE: 3/4 - l'-O" AS3 SCALE: 3/4" = 1'-0" Page 331 of 547 JAN.28,2021 VEGETATED SHORE SANDY SHORE coo COMMON C16 LOWWATER LEVEL _ a� L ^,a CU L W J 847 00 @ BOTTOM OF o }' FI T STONE. G r N ACK AS SHOWN. o�o LL T O @ Q w ; U a 3 n __ 7 5 0) *8 STONES PER � $ • V .§ LOCATION. 4 M o O 3 L CONTRACTOR TO STACK STONES IN 8 0— LOCATIONS SHOWN ON THE MAP. OWNER TO 2 4-0 MARK SPOTS FOR IDENTIFICATION. • M CONTRACTOR TO SMOOTH EQUIPMENT WIDE Q PATH TO STONE STACK AREAS. SUITABLE FOR 1 •� oes OWNER SEEDING. �. STONES TO BE FROM WEBER STONE COMPANY (319)462-3581. OR APPROVED EQUAL SUPPLIER. Q v STONES COME IN RANDOM SIZES. WE ARE SPECIFYING 12" TALL. THE w COMMON SIZE IS 3' WIDEx4' LONG. FOR ESTIMATING PURPOSES WE ° 11 WILL USE THIS SIZE. SEE CALCULATION HERE: 1'X3'X4'= 12 Cubic Feet per stone x 140lbs/C.F. = 1,680 lbs per stone x 8 stones per location x 8 / ❑D locations = 53.76 Tons. There is a unit price in the bid tab for supply and a) placement per ton. Provide weight tickets for payment. (NOTE: ADD 4 stones M at pier location - see Plan AS1.) (� J J CONTRACTOR TO USE CAUTION IN DELIVERY OF STONE TO 8 a) LOCATIONS. DO NOT TRACK IN WET WEATHER AND AVOID DAMAGE +-+ C TO GRASS TRAIL WITH EQUIPMENT. DAMAGE REPAIR IS 3 Stone Stack Map N N INCIDENTAL TO PROJECT BID FOR THIS ITEM. AS4 SCALE: 1:3200 1 Stone Stack Perspective aD CD AS4 SCALE: 1/8" = 1'-0" Mo 00 9"to18" RIP RAP LOCATION SEE PLAN r FOR AREA. p CD New PieR CLEAN ROCK BACKFILL AND 4" LO Q DIAMETER DRAIN TILE CED --- ^ TO BE Q BEHIND WALL. V MU 880 853.00 Parking o O 858 11'-3" L. rail O 857 855 -ter 5 L. } 853 847 , 853 /}� Al 847 a 845 M ^OL - 411 - 1 1 1 $ 1 $ ' 2 >> I L N Project No. 2 Project Section @ Pier 20As4 AS4 SCALE: 1" = 30' JAN.28,2021 Page 332 of 547 rm 'c c ig ru � a C16 a� Cu L Y 1/4"x 6"STEEL TOP 1 J PLATE TAB BOLT @ CENTER ONLY.ALL BOLTS TO BE OF POST.TT TO TOP HOT DIPPED GALVANIZED WITH HOT DIPPED 1 1 1/2' E. WASHERS. WOOD EASE AND SAND ALL 2x8 TREATED WOOD RAILING 2x8#2 GRADE OR BETTER SYP GROUND ______ __ END WOOD CAP CAP. 3 M a L p O N m EDGES. - T CONTACT PRESSURE TREATED WOOD _ o m�8 w 3 U O PROTECTED W/COPPER AZOLE(CA-C) O 1/ a (D A (D 1/4"x 6"STEEL PLATE TOP PLATE WITH 114" PRE DRILLED 3/8" HOLES FOR BOLTS THEN HOT DIP GALVANIZED. HOLES @ 24"+/-O.C. PROVIDE SHOP DRAWING N = (, — TO COORDINATE BOLT HOLE LOCATIONS WITH PICKET SPACING. 1 314" _____________- ------------------------------------ ^, W 4"x 4"x 5/16"SQUARE STEEL rl N = AB TA 4 AB COLUMN WITH ANGLED OPEN 0 - �p TOP CUT.WITH WELDED SIDE o 3/4"x 3"x 1/4"THICK STEEL TAB WELDED TO N TABS 1 3/4'x3"LONG x 3/8" L F- m 4" POST. PRE DRILLED 3/8"ELONGATEDTHICK FLANGES. M j HOLES FOR BOLTS THEN HOT DIP p GALVANIZED t4 ui ZQ 3/4"SOLID STEEL BALUSTERS 4_+ N Q @ 3-1/2"O.C.WELDED TO TOP RAILING PLATE BASE RAILING. AND BOTTOM 06 3"x 51b STEEL CHANNEL BASE RAILING N 12 WITH 1"x 1" L BRACKET WELDED TO ENDS. 1/2 1 1/2" ,, �L U M 4" 00 0o TAB CY) W BASE RAILINGS TO BE a MADE 1/2"SHORT ON EACH END THEN GALVANIZED. EASED EDGES ON ALL STEEL 1/2"DIA.THROUGH-BOLT POST PRIOR TO GALVANIZING PLATE THROUGH PERMATRAK (B TREAD AND BOTTOM PLATE. J J }, PERMATRAK HOLES COME CAST IN DECK AND ARE 4_+ ELONGATED FOR ADJUSTMENTS. PROVIDE HOT DIP GALVANIZED WASHERS AND LOCKWASHERS L Railing Elevation aD Railing Section 2 M 0 1 SCALE: 1" = 1'-0" SCALE: 1" = 1'-0" (D o v ti 0 CD LO N 70 U N ma 0 O GENERAL NOTES: ^' 0� O 0 1: POST CONNECTION PLATES TO BE FULLY SEATED ON A SINGLE U PERMATRACK TREAD(NOT SPANNING TWO TREADS) REFERENCE O RAILING POST PLAN ON AS6 FOR APPROXIMATE LOCATIONS(VERIFY LOCATIONS ACUAL AND O ADD TIONAL RQUIRED CLEARANCES. MATRACK PT SHEETS FOR RANCES 2.ALL STEEL COMPONENTS TO BE HOT DIP GALVANIZED. ALL STEEL TO N BE WELDED AND GROUND SMOOTH.THIS PROJECT IS AN APPEARANCE Project No. GRADE GALVANIZING AND SHOULD BE CLEANED OF ALL OILAND 2018-0033 MARKINGS PRIOR TO GALVANIZING. AS5 O JAN.28,2021 Page 333 of 547 24'-0" e � 6" T-6„ 8'-0,. T-6,. 6" coo � SHORT TALL SHORT a X o TALL c? TALL 1 ■ ■ J zo 10 � ■ N 4J 0 0 Q r O cu L M c f0 SHORT o SHORT N �--- - - - ---- ---- ------- + J ___ _ 11 DEGREE ANGLE TYPICAL ----- ------------� N o EE 11 0 0 0 -SEE ELEVATION o 6-10 1/2" �H� 4-4 7'4 1/2" r o N M¢ sp C: GENERAL NOTES: TALL N 1. RAILING AND PERMATRACK °TALL W 3 SYSTEM TO BE COORDINATED BY GENERAL CONTRACTOR. o o j 2. REFERENCE PERMATRACK PT SHORT SHEETS FOR ADDITIONAL o V I I TAB PLACEMENT VARIES IN HT. C CLEARANCE AND MOUNTING I GUIDELINES. I AND LOCATION @ CORNERS,ENDS ^, I 0 AND HIGH TO LOW RAILINGS. VJ CL6 ■ ry 3*1 LAKE PILE LOCATIONS TALL 0 o Tab Plan 10 I I I I 4_0 � ili ili � o TALL (� 6 1/2" rL� II V �S o I l O 1 1/4",, 4" 1 1/411, ,, 1/2" DIA. HOLE TYP. C) TALL 6-1/2"SQUARE x 3/8" 60 I I I I THICK BASE PLATE. in WELDED AND HOT ui O of o DIP GALVANIZED. Zv ^^,, q TALL 4"STEEL TUBING � W CO WELDED TO BASE PLATE. PROVIDE 2 INCH J 01 I❑ DIAMETER HOLE IN BASE O O J PLATE FOR GALVANIZING }' _ TALL DRAINAGE. I I I I NOTE: PROVIDE SIMILAREO + C BOTTOM PLATE WITHOUT POST ATTACHMENT D o OR HOLE. c� TALL Base Plate Plan n� M o V/ C'7 ^^,, W � Ory-mII ry lO o v I- 9 o TALL LO CD LO 0 1 2 Railing Post Detail N U O ❑i i❑ TALL AS6 SCALE: 3" = 1'-0" N � O N 00 C L U 'j' ABUTMENT o = LOCATION SEE O L - - - - SHEETS S1 AND S >>� ■ ■ 2i n H - - - - Project No. 18-0033 � 1 Railing Location Plan 20As6 jAS6 SCALE: 1/8" = 1'-0" JAN.28,2021 Page 334 of 547 GREENBELT LAKE FISHING PIER GENERAL NOTES 1.This structure has been designed in accordance with the project architects plan layout and guidelines.Suitability for access and intended usage shall be the responsibility of the MATERIAL PROJECT COMPONENTS architect. 2.Vehicular access larger than the design live load shall be limited by permanent 1.All bolts,nuts,washers,and hardware shall be hot dipped galvanized after fabrication SUPPLIED BY PERMATRAK physical means. in accordance with ASTM A153. PRECAST CONCRETE TREADS PRECAST CONCRETE BEAMS 3.Prior to construction the contractor shall verify all elevations through the project RUBBER LEVELING PADS(150 LF.) architect. COMPOSITE CLIP ANGLES WITH 3/4"DIAMETER RODS,WASHERS AND NUTS(6x6x3/8x0'-4") 4.Only PermaTrak North America may provide the precast structure shown on these 3/4"DIAMETER THREADED BARS WITH NUTS AND WASHERS(BEAM TO PIER CONNECTION) plans. STABILIZER ANGLES WITH 3/4"DIAMETER RODS,WASHERS AND NUTS(6"X 6"X 3/8"X 4'-6") DESIGN DATA STEEL CONNECTION PLATE 1.Boardwalk shall be designed in accordance with the AASHTO LRFD bridge design specifications and the LRFD guide specification for the design of pedestrian bridges. SUPPLIED BY CONTRACTOR Design Live Load: HILTI HY-200 EPDXY ADHESIVE(ANCHORING SYSTEM CONNECTION) Pedestrian Loading-90 PSF Uniform Vehicular Loading-H-5 TRUCK(10,000 LB.VEHICLE LOAD) 3/8"x6"x1'-0"CONNECTION PLATE(2 REQUIRED) Construction Equipment Loading-The loader used for analysis was a Caterpillar 279C SHIMS AND NON-SHRINK GROUT(LEVELING FOR PRECAST COMPONENTS) Multi Terrain Loader weighing 9892 lbs. RAILING AND CONNECTION HARDWARE 2.Notes for Construction Equipment Loading: STEEL HP PILES AND CONNECTION HARDWARE 1/2"EXPANSION JOINT MATERIAL PermaTrak has designed for the above equipment to be used to assemble the precast via top-down methods. Piles shall not be installed from on top of the boardwalk. The precast components have been designed to accommodate the exact equipment above. The contractor shall abide by the following notes and shall contact PermaTrak for further analysis if different equipment will be used in top-down method. If a different equipment type is selected,PermaTrak shall be informed prior to shop drawing creation for analysis. A.Equipment shall be limited to an additional weight of 3000 lbs including operator weight and construction materials. B.Equipment shall run parallel to the beams and remain towards the boardwalk centerline during construction. C.Contractors shall provide 1/2"thick plywood under vehicle,spanning the length of(3)treads or 6'-0"minimum. D.The contractor shall not stockpile precast materials on the boardwalk. E.Beams shall be secured per the approved installation drawings prior to loading of construction equipment. 3.Cast-In-Place Abutment,HP Piles shall be designed for lateral earth pressure,live load surcharge,structure loads and stream debris. Pile Reactions Due To Pedestrian/Vehicular Loads: Vertical Reaction=20.0 Kips(Service-At Abutment Locations) Vertical Reaction=12.8 Kips(Service-Typical Pier Locations) Lateral Reaction=1.0 Kip(Service-Due to Wind) Pile Reactions Due To Construction Loads: Vertical Reaction=27.9 Kips(Service-See Notes For Construction Equipment Loading Above) Vertical Reaction=18.3 Kips(Service-Typical Pier Locations) Lateral Reaction=2.0 Kips(Service-See Notes For Construction Equipment Loading Above) Note:Lateral Stability Of HP Pile For Actual Construction Loads Must Be Considered And Designed For By The HP Pile Engineer.Cross Bracing Or Battered Piles May Be Required. Patented Product:U.S.Patent#5,906,084#8,302,362#8,522,505#8,839,588#9,096,975 02014 by PermaTrak®this 6 PREPARED FOR: . `*on*, OFFICE LOCATIONS PROJECT TITLE: JOB NUMBER: 2020-1340 drawing contains information 5 •������� DATE: 11/19/2020 that is proprietary to and property of PermaTrak®and ® FLORIDA shall be kept confidential.No 4 ALIGN PLC DESIGNED BY: KAS duplication or distribution of this e r m a ra"* k GREENBELT LAKE FISHING PIE R TEXAS drawing maybe made without 3 PDRAWN BY: RPU the express written consent ofWATERLOO,IA PermaTrak®except for the 2 FOR REVIEW & APPROVAL The Concrete Boardwalk Company LOUISIANA CHECKED BY: KAS limited purposes set forth in the contract between PermaTrak® 1 NORTH CAROLINA SHEET NO. and party for whom this NOT FOR CONSTRUCTION drawing was made. NO. DATE DESCRIPTION BY: www.permatrak.com TEL:877-332-7862 OHIO PTO 20-5 1/2"Thick x 2'-11 7/8"Wide x 9'-3"Long Precast Concrete PermaTrak Treads Plus 20 Joints @ 1/8"±Per Joint /�v 11'-3" 60'-0" CIP I I I I I I I I HP Pile(Typ.) HP P lestment& I I Tread Connection Plate I I See Detail On PT04(Typ.) (By Others) I I I I ------------ -------------- -------------- -------------- -------------1 III I I I I I I I I I 8-5 1/2"Thick x 2'-11 7/8"Wide x 11'-3"Long — — — — — — — — — — Boardwalk Precast Concrete PermaTrak Treads Plus 7 Joints @ 1/8"±Per Joint 04 I I I _ ----- ----- = II IIII ------------- ---- --------- -------------- -------------- ------------- T II I I I I —1J I I I PermaTrak I Beam(Typ.) Railing (By Others)(Typ.) I I I I I I I PermaTrak 1/2"Max. Spacing pacin g PIER LAYOUT PLAN Stabilizer Angle(Typ.) (See Detail On Scale:1/4"=T-O" Sheet PT04) 1/8± Rubber Leveling Pad (Supplied By PermaTrak) PermaTrak 11'-3" 9'-3" Beam TYPICAL TREAD SPACING DETAIL 1'-6" Scale:Not To Scale Railing By Others(Typ.) Railing By Others(Typ.) 10'-0"Clear 7'-11 3/4"+_Min Clear PermaTrak 1/8"Rubber Leveling Pad Tread(Typ.) (Supplied By PermaTrak) I I I I DETAIL pT03 � 51/2"x2'-117/8" DETAIL pT03 � 51/2"x2'-117/8" PermaTrak Tread PermaTrak Tread 11"x1'-2" 11"x1'-2" Typical TreaATo PermaTrak Beam(Typ.) Typical Tread To Beam PermaTrak Beam(Typ.) Beam ConnConnection&Stablilize Angle, Approximate See Detail OApproximate PermaTrakSee Details On Sheet PT04 Grade Line Sheet PT04Grade Line Beam *Shim&Non-Shrink11 11 111 Grout As Required II II '� II II ' II *Note: HP Pile(Typ.) II II II II Due to tolerances and variance in precast production and installation (Depth As Required To II II II II accuracy,shimming and grouting may be required. Where required Support Design Loads) _L0_L _LA_jL _LA_jL __LN_L_ the entire bearing area and void shall be shim and grouted with non-shrink grout. TYPICAL SHIM/GROUT DETAIL TYPICAL SECTION TYPICAL SECTION Scale:Not To Scale (UNDER TREAD) Scale=1/2"=1'-0" Scale=1l2"=1'-0" Patented Product:U.S.Patent#5,906,084#8,302,362#8,522,505#8,839,588#9,096,975 02014 by PermaTrak@ this 6 PREPARED FOR: PROJECT TITLE: JOB NUMBER: 2020-1340 drawing contains information 6 ..■+�`•�■�r��' OFFICE LOCATIONS DATE: 11/19/2020 that is proprietary to and property of PermaTrak@ and ALIGN PLC ® FLORIDA shall be kept confidential.No 4 DESIGNED BY: KAS duplication or distribution of this TEXAS GREENBELT LAKE FISHING PIE R drawing may be made without 3 PermioTraDRAWN BY: RPU the express written consent ofWATERLOO,IA PermaTrak@except for the 2 FOR REVIEW & APPROVAL The Concrete Boardwalk Company LOUISIANA CHECKED BY: KAS limited purposes set forth in the contract between PermaTrak@ NORTH CAROLINA and party for whom this 1 NOT FOR CONSTRUCTION SHEET NO. drawing was made. NO. DATE DESCRIPTION gy. www.permatrak.com TEL:877-332-7862 OHIO PT02 Note:Railing Not Shown For Clarity. Notes: 1. Threaded Bar Shall Be Set In Epoxy Adhesive Anchoring System. See Site Drawings For Dimensioning, 2. Threaded Bar Shall Be Embedded Reinforcement,And Concrete Material A Minimum of 6 Deep. Requirements Of Approach Slab. 3. Completely Cover The Threaded Bar,Nut and Washer And Fill The (P 3/4"Dia.x 1'-8"Threaded Void Around The Threaded Bar With Beginning Or Ending Of Boardwalk Bar With Nut&Washer Epoxy Adhesive Or Non-Shrink Grout. Approach Segment EX10ansion Joint Material PermaTrak 11 Note:Railing Not Shown For Clarity. q 3/4"Dia.x 1'-5"Threaded Tread(Tap.) Bar With Nut&Washer (Beam&Cap Plate Connections) (Supplied By Others) I PermaTrak 1/8"Rubber Leveling Pad ro Tread(Typ.) 4 4 4 (Supplied By PermaTrak) t 4 4 4 1/8"Rubber Leveling Pad 4 4 Q < PermaTrak T/Abutment 1/2"+ (Supplied By PermaTrak) Beam Seat 4 4 4 Le!aori'n Bg Cap Plate PermaTrak Beam(Typ.) 1/4"Minimum Shim&Non-Shrink —� — Approximate Grout As Required For Uniform Bearing =IN Ground Line 0 4 4 6"Min.Bearing 6"Min.Bearing Notes: 4 4 4 1/4"Minimum Shim&Non-Shrink 1. Nut Shall Be Securely Fastened Below Helical Grout As Required For Uniform Bearing Cap Plate. Use Locking Nut Or Deform Threads HP Pile a aBelow To Prevent Loosening. 2. Completely Cover The Threaded Bar,Nut& Washer At The Beam Connection And Fill The p p Void With Epoxy Adhesive Or Non-Shrink Grout. 4 < CIPAbutment& TYPICAL PIER CONNECTION DETAIL Steel Pile Scale:1"=V-0" Q (By Others) TYPICAL APPROACH DETAIL Scale:1"=V-0" a Note: 6" Railing&Connection Hardware 1 1/4" 4" 1 1/4" Supplied By Others(Typ.). ro �Railing � 2 PT03 4"Steel Tubing CL 1/2"Dia. Thru Bolt W/ Welded To Base Plate Hole(Typ.) Washer&Nut(Typ.) N 4"Steel Tubing — Welded To Base Plate PL(Galv.) I 3/8 x 6 1/2 x 0'-6 1/2" 1 \ � Thru Bolt W/ 4 PL(Galv.) J Washer&Nut(Typ.) 3/8 x 6 1/2 x 0'-6 1/2" w PL(Galv.) 3/8x61/2x0'-61/2" 2 SECTION A DETAIL 1 SECTION PT03 Scale:3"=1'-0" PT02 Scale:1 1/2"=1'-0" PT03 Scale:1 1/2"=V-0" Patented Product:U.S.Patent#5,906,084#8,302,362#8,522,505#8,839,588#9,096,975 6 PREPARED FOR: PROJECT TITLE: JOB NUMBER: 2020-1340 ©2014 by PermaTrak®this drawing contains information 5 .a`.as��/���'. OFFICELOCATIONS DATE: 11/19/2020 that is proprietary to and property of PermaTrak®and ALIGN PLC FLORIDA shall be kept confidential. No 4 DESIGNED BY: KAS duplication or distribution of this e r m a ra TEXAS GREENBELT LAKE FISHING PIE R drawing may be made without 3 PDRAWN BY: RPU the express written consent ofWATERLOO,IA PermaTrak®except for the INDATE FOR REVIEW & APPROVAL The Concrete Boardwalk Company LOUISIANA CHECKED BY: KAS limited purposes set forth in the contract between PermaTrak® NORTH CAROLINA and party for whom this NOT FOR CONSTRUCTION SHEET NO. drawing was made. www.permatrak.com TEL:877-332-7862 OHIO PT03 DESCRIPTION BY: a M F a 3/8x6x6x0'-4" Varies Clip Angle(Galv.) 4" Indicates Supplied By Boardwalk Manufacturer and Installed by contractor CL 3/4"0 Threaded Rod, PermaTrak Tread* o Secured With HIT-HY-200 Epoxy Adhesive Anchoring System Or Equal. L PermaTrak Beam* Embedment 2 3/4"Into Tread. 4 Two Anchors Req.Per Angle. Notes: 3 SECTION 1.All holes shall be drilled by contractor. PT04 Scale:1 1/2"=1'-0" 2.One(1)Clip Angle is required on each end of any tread with a handrail post attachment.Two(2)Clip Angles total per individual tread U.N.O.in plan view. TREAD TO BEAM CONNECTION Scale:Not To Scale Notes: 1.All holes shall be drilled by contractor. 2.See Plan Sheet PT02 For Required Locations.(4 Total Required) a Indicates Supplied By M A Boardwalk Manufacturer and n Installed by Contractor. 3/8x6x6x4'-6" Varies 4'-6" —TREADS Stabilizer Angle(Galv.) 3" 2 Spaces @ 2'-0"=4'-0" 3" M 3 /-- X3/8"x6"x1'-0"Connection Plate C 3/4:'0 HIT-HY-200 (2 Required)Secured Under Tread Epoxy Adhesive PermaTrak Tread* 7/8"OHole With 3/4"0 Threaded Rod Secured With Anchoring System Or (Typ') HILTI HIT-HY-200 Anchoring System Equal.Embedment 2 3/4" L +1 Into Tread. ��PermaTrak Beam* IV 4 SECTION STABILIZER ANGLE DETAIL PT04 Scale:Not To Scale Scale:Not To Scale TREAD CONNECTION PLATE DETAIL Scale:Not To Scale Patented Product:U.S.Patent#5,906,084#8,302,362#8,522,505#8,839,588#9,096,975 ©2014 by PermaTrak®this OFFICE LOCATIONS 6 PREPARED FOR: PROJECT TITLE: JOB NUMBER: 2020-1340 drawing contains information 5 ������*� DATE: 11/19/2020 that is proprietary to and property of PermaTrak®and ALIGN PLC @ FLORIDA shall be kept confidential. No 4 DESIGNED BY: KAS duplication or distribution of this e r m a ra TEXAS GREENBELT LAKE FISHING PIE R drawing may be made without 3 PDRAWN BY: RPU the express written consent of WATERLOO,IA PermaTrak®except for the 2 FOR REVIEW & APPROVAL The Concrete Boardwalk Company LOUISIANA CHECKED BY: KAS limited purposes set forth in the contract between PermaTrak® NORTH CAROLINA and party for whom this EN NOT FOR CONSTRUCTION SHEET NO. drawing was made. DATE DESCRIPTION gy; www.permatrak.com TEL:877-332-7862 OHIO PT04 ELEVATED PRECAST CONCRETE BOARDWALK J. Connectors for curbs(if applicable)to treads shall not be visible to boardwalk users while viewed 1.5 DESIGN D. SHOP DRAWINGS:Shop drawings shall: PROJECT SPECIFICATIONSfrom the top of the walkway. a. Be stamped by a licensed Professional Engineer in the State of the project location. V4.0 UPDATED AUGUST 2020 A. For applications requiring minimum disturbance due to tree roots or other existing objects specified b. Show actual field conditions and true elevation and location supplied after field K. All tread-to-beam connectors shall be non-corrosive,and hidden from view.Metallic tread-to-beam by the Owner to be avoided during construction,the Boardwalk Manufacturer requires the verification. PRECAST CONCRETE BOARDWALK SYSTEM connectors are not acceptable for this project. Contractor or Engineer/Architect to provide a survey of the proposed boardwalk location identifying c. Clearly detail reinforcement in beams,treads and curbs including clear dimension from items of interest including tree roots that cannot be disturbed per the Owner. concrete edge,size and amount of rebar. PART 1-GENERAL d. Clearly state concrete compressive strength,steel type and strength,and a listing of all L. Boardwalk supplier shall provide a field representative on site for a minimum of 2 days.Field B. The designer of the boardwalk,foundation and railing system shall be a qualified registered component weights including lifting locations. representative shall be knowledgeable in the installation of precast concrete boardwalks. Professional Engineer licensed in the State of the project location and having a minimum of 20 years L 1 SUMMARY of experience in the design of concrete structures,foundation and railing systems. A. These specifications are for a precast concrete boardwalk and shall be regarded as minimum 1.4 QUALITY ASSURANCE C. The foundation design shown on the boardwalk drawings are based recommendations found in the 1.7 DELIVERY,STORAGE,AND HANDLING standards for this project.These specifications are based upon products designed and supplied by: geotechnical report entitled referenced on PTO if applicable).A. The contractor performing the installation of the pile foundations shall have installed piles of size g � ( pp )• A. Store products in manufacturer's unopened packaging until ready for installation. and length similar to those shown on the plans for a minimum of three(3)years prior to the bid date PermaTrak North America LLC for this project.The contractor shall submit a list containing at least three(3)projects completed in D. DESIGN CRITERIA:The design of the boardwalk and railing system shall comply with the the last three 3 ears on which the contractor has installed Iles of a size and length similar to those following B. Field Measurements:Where handrails and railings are indicated to fit to other construction,check Ph: 864 354-4870 O Y P gt g guidelines: ( ) shown on the plans.The list of projects shall contain names and phone numbers of owner's actual dimensions of other construction by accurate field measurements before fabrication;show Ph:877-332-7862 representatives who can verify the Contractor's participation on those projects. nd recorded measurements on final shop drawings: www.permatrak.com 1. AASHTO LRFD Guide Specifications for The Design of Pedestrian Bridges,2 Edition. Contact:Mr.John Pyle 2. AASHTO LRFD Bridge Design Specifications,8th Edition. jpyle@permatrak.com B. Manufacturer Qualifications:Not less than 10 years experience in the actual production of precast 3. American Concrete Institute-Building Code and Commentary,ACI 318-19 and ACI 318R-19. 1. Where field measurements cannot be made without delaying the railing fabrication and products as described below. 4. In addition to the dead loads of the system,the structure shall be designed for the live loads delivery,obtain guaranteed dimensions in writing by the Contractor and proceed with This item shall also include the design,specification,and construction of a railing and foundation defined in Section 1.3.G above. fabrication of products so as not to delay fabrication,delivery and installation. system that is attached to the proposed boardwalk system. 1. Components shall be factory fabricated and engineered by single entity.This entity shall be registered to do business in the State of the project location. C. Coordinate fabrication and delivery schedule of handrails with construction progress and 1.6 SUBMISSIONS:Prior to the start of fabrication or construction,the Contractor shall submit to the 2. Boardwalk supplier(Precaster)for the boardwalk shall have in-house color mixing facilities for sequence to avoid dela of railing installation. 1.2 ALTERNATE REQUIREMENTS:Alternates are allowed provided that the following Engineer a design package,which shall include,but is not limited to,the following: q Y g minimum standards and these"Precast Concrete Boardwalk System"specifications are met. color pigmentation. 3. Boardwalk supplier(Precaster)shall have either a minimum experience of 5 years or 50 A. FOR APPROVAL SUBMISSIONS:Prior to the start of fabrication or construction,the Contractor e. Air entrained composed of Portland cement,fine and course aggregates,admixtures and boardwalk projects in design,production,and field consultation. water.The air-entraining feature may be obtained b the use of either an air entraining A. "Minimum Standards"as outlined in section 1.3 below must be met. 4. Boardwalk supplier Precaster must be certified b PCI or NPCA. shall submit to the Engineer a design package,which shall include but not limited to the following: g Y Y g PP ( ) Y Portland cement or an air entraining admixture.The entrained air-content shall be not less B. A fully engineered drawing of the precast boardwalk system(including tread layout,structural 5. Precast components must be manufactured with the use of hot rolled steel skin in reinforced 1. DETAILED PLANS: than four percent or more than seven percent. steel forms.Temporary(i.e.,Timber)and/or single use forms are unacceptable unless approved details designed for the design loads shown on the contract documents,foundation design,full in writingb the Boardwalk Engineer. a. REGISTRATION/SEAL:Sealed by a licensed Professional Engineer in the state of the elevation view and layout)must be submitted 2 weeks before the bid date and signed and sealed by a Y g project location. 1.8 WARRANTY: Professional Engineer licensed in the state of the above named project.Approved alternates will be b. PLAN VIEW:Full plan view of the boardwalk,foundation and railing system drawn to notified b addenda prior to the bid date.Only pre-approved alternates will be considered. C. Acceptability Criteria for Treads and Curbs(if applicable):The finished visible(in the final installed A. Contractor will be responsible for installation defects associated with the boardwalk and abutment Y P Y P PP scale.The plan view must reflect the proposed horizontal alignment as shown on the P position)surface shall haveobvious imperfections other than minimal color or texture variations design plans. components,foundation system,and railings for a period of 12 calendar months from the date of from the approved samples orr evidence of repairs when viewed in good typical daylight illumination C. Submission of complete design calculations that are signed and sealed by a licensed Professional c. ELEVATION VIEW:Full elevation view of the boardwalk,railing and foundation system final acceptance by the Owner. with the unaided naked eye ata 20 ft.viewing distance.Appearance of the surface shall not be Engineer in the state of the above named project.The design computations shall include references drawn to scale which reflect the actual vertical alignment.Elevation views shall indicate evaluated when light is illuminating the surface from an extreme angle as it tends to accentuate the to all applicable AASHTO code references,documentation of computer programs(including design minor surface irregularities.The following is a list of finish defects that shall be properly repaired,if the elevation at the top and bottom of the boardwalk and foundation system components, B. Boardwalk manufacturer shall warranty all precast concrete components against defects in parameters),and a clearly detailed reinforcement rebar submittal(including sketches of all precast obvious when viewed at a 20 ft.distance.Patching(by a trained skilled concrete repair person)is an horizontal and vertical break points,and location of the finished grade. material and workmanship for a period of 10 years. concrete components. acceptable repair method. d. DETAILS:Details of all boardwalk and railing system components and their connections such as the length,size and where changes occur;connections;etc. D. Submittal must meet the requirements set forth in section 1.6a. e. CODE REFERENCE:Design parameters used along with AASHTO references. C Railing manufacturer shall warranty the railing against defects in materials and workmanship for a 1. Ragged or irregular surfaces. period of 12 months. 2. Excessive air voids(commonly called bug holes)larger than 1/4 in,evident on the top surface of 1.3 MINIMUM STANDARDS:The selected boardwalk shall have the following minimum the tread or curbs(if applicable). 2. DESIGN COMPUTATIONS(IF REQUIRED):computations shall: 1.9 MEASUREMENT AND PAYMENT characteristics: 3. Adjacent flat and return surfaces with greater texture and/or color differences than the approved samples or mockups. a. Be stamped by a licensed Professional Engineer in the State of the project location. A. Precast concrete boardwalk,railings,and foundations shall be paid for at the contract lump sum A. The precast system shall be designed as a modular flexible system allowing a prescribed settlement 4. Casting and/or aggregate segregation lines evident from different concrete placement lifts and b. Clearly refer to the applicable AASHTO provisions. at pier locations.Joints shall be designed for such movement to occur without damage to the consolidation. c. Include documentation of computer programs including all design parameters. price listed in the bid proposal for"Precast Concrete Boardwalk".This price shall include all structural integrity of the system. 5. Visible mold joints or irregular surfaces. d. Clearly show that all reinforced precast treads and beams meet AASHTO requirements for materials,equipment,labor and work necessary for and incidental to the design,construction, 6. Rust stains on exposed surfaces. the loading per Section 1.3.F. delivery,unloading,assembly,and placement of the boardwalk and foundation as shown in the B. Boardwalk system(beams,treads,and curbs if applicable)must be reinforced precast concrete.A contract plans including all railings on the superstructure. 7. Units with excessive variation in texture and/or color from the approved samples,within the e. Include sketches of reinforcement in treads and beams,shear and moment diagrams,and material change,including cast-in-place concrete,is not considered an equal to the design shown on unit or compared with adjacent units. all equations used shall be referenced to applicable code. the bid documents. PART 2-MATERIALS&TESTING 8. Blocking stains evident on exposed surfaces. 9. Areas of backup concrete bleeding through the facing concrete. 3. CONSTRUCTION SPECIFICATIONS: C. Walking surface(treads)shall be made of reinforced precast concrete,and supported by reinforced 10. Foreign material embedded in the surface. 2.1 PRECAST CONCRETE:shall conform to the following: precast concrete beams. Where applicable,edges of treads will receive precast concrete curbs. 11. Visible repairs at a 20 ft.viewing distance. a. Construction methods specific to the boardwalk vendor chosen.Submittal requirements 12. Reinforcement shadow lines. such as certification,quality and acceptance/rejection criteria shall be included.Details on a. The minimum compressive strength of the concrete shall be 4000 psi measured at 28 days. D. Walking surface(finish)of top surface of treads shall have a formliner finish with one of connection of boardwalk units and foundation system such that assurance of uniform load b. All precast concrete shall contain structural steel reinforcement as designed by the PermaTrak's standard textures.Texture must be integral with the concrete and shall not be an applied 13. Cracks visible ata 20 ft.viewings distance. � PP transfer shall be checked. Engineer of record. post pour wearing surface. D. Installer Qualifications:Firm with 3 years experience in installation of systems similar in complexity c. All precast concrete components shall be air entrained composed of Portland cement,fine E. Precast concrete treads shall be structural load bearing elements and shall interlock with one another to those required for this Project. B. FINAL SUBMISSION:Once a boardwalk,foundation and railing system design has been reviewed and course aggregates,admixtures and water.The air-entraining feature may be obtained g and accepted by the Owner,the Contractor shall submit the final plans.The designer of the by the use of either an air entraining Portland cement or an air entraining admixture.The via a"tongue and groove"connection. boardwalk,foundation and railing system is responsible for the review of any drawings prepared for entrained air-content shall be not less than four percent or more than seven percent. E. Mock-Up: Provide,if required by Architect/Engineer,a mock-up for evaluation of the boardwalk fabrication.One set of all approved shop drawings shall be submitted to the Engineer's permanent d. All reinforcing steel shall be standard uncoated steel conforming to ASTM A615 F. All precast shall consist of integrally colored concrete in a color selected by the owner from one of showing the surface preparation techniques and application workmanship. records. PermaTrak's"standard colors". PART 3-EXECUTION 1. Finish areas designated by Architect/Engineer. C. SUBMITTALS:Product Data:Submit Manufacturer's technical product data for railing components G. DESIGN LOADS:See PTO for pedestrian and vehicular design live loads. 2. Do not proceed with remaining work until mock-up is accepted by Architect/Engineer. and accessories. 1.1 PRECAST CONCRETE BOARDWALK 3. Refinish mock-up area as required to produce acceptable work. Manufacturer to supply submittal drawings for approval to include the following: H. Treads shall maintain a"boardwalk appearance",specifically meaning each tread shall have a width: 1. Section-thru details. A. Installation of the precast concrete boardwalk system and railings,if applicable,shall be performed length ratio ranging from a minimum of 3:1 to a maximum of 14:1.Width d defined as the tread in accordance to the approved plans and manufacturers installation instructions.Boardwalk dimensionperpendiculardidoto the normal direction of travel.Len is defined as the tread dimension 2. Mounting methods. � manufacturer shall provide a field representative to review installation instructions with the measured in the direction of travel. 3. Typical Elevations. Contractor and Engineer and to certify that the installation has been performed according to the 4. Key plan layout. approved drawings and manufacturer's instructions. 1. Tread width shall be as noted on the contract drawings.Alignment should follow the horizontal and vertical alignment shown on the contract plans. Patented Product:U.S.Patent#5,906,084#8,302,362#8,522,505#8,839,588#9,096,975 ©2014 by PermaTrak®this 6 PREPARED FOR: OFFICE LOCATIONS� PROJECT TITLE: JOB NUMBER: 2020-1340 �)♦�� drawing contains information 4 that is proprietary to and 5 ONEWIS aTra** DATE: 11/19/2020 property of PermaTrak®and ALIGN PLC ® FLORIDA shall be kept confidential. No 4 DESIGNED BY: KAS duplication or distribution of this TEXAS GREENBELT LAKE FISHING PIE R drawing may be made without 3 PerDRAWN BY: RPU the express written consent ofWATERLOO,IA PermaTrak®except for the 2 FOR REVIEW & APPROVAL The Concrete Boardwalk Company LOUISIANA CHECKED BY: KAS limited purposes set forth in the contract between PermaTrak® ' NORTH CAROLINA and party for whom this NOT FOR CONSTRUCTION SHEET NO. drawing was made. NO. DATE DESCRIPTION gy. www.permatrak.com TEL:877-332-7862 OHIO PT05 3' 1 ' 1 '-2" 10" GENERAL PILE NOTES: 1. PILES SHALL BE HP8x36 2. PILES SHALL HAVE MINIMUM EMBED OF 18'-0" BELOW GRADE 3. PILES HAVE AN EXPECTED LENGTH OF 35' EMBED 1" EXPANSION 4. TOP OF DECK TO BE AT ELEVATION 853.00 JOINT 5. TOP OF PILES TO BE AT ELEVATION 851.00 6. THE PILES SHALL BE DRIVEN TO THE FOLLOWING MINIMUM ALLOWABLE o c° 10' APPROACH CAPACITIES AS DETERMINED IN THE FIELD VIA THE WAVE EQUATION `I SEGMENT 1 ' 1 '-2" 10" NM ASD LRFD o N 10' OF 8" THICK ABUTMENT PILE 21,000# 28,000# �o PAVEMENT W/ #5 @ W 12" O.C. BOTH WAYS ELEV. 853.00 N M Lo LLJI OZ Y� rn U Z2� pQ O Q� rn p O 00 PERMATRAK SYSTEM (BY OTHERS) _ SEE SUPPLIERS DETAILS FOR rn BOND BREAKER ALONG f N ANCHORING, SHIMMING, AND 0-) BOTTOM OF SEAT • • EXPANSION JOINT �- �� 00 MAINTAIN A MINUMUM OF 4" OF CLEAN COMPACTED CRUSHED 0 ) ROCK BELOW APPROACH CD T pELEV. 850.000 = O O O WCC CD 0 0 o II 0) Co II77-1 >0 #5 HORII O�FILL BEHIND WALL WITH 12" O.CIZMAAX • '� O�' LEAN COMPACTED ROCK CRUSHED • KF O II z PO A • • #5 VERTS @ s $^ V1 12" O.C. MAX ry Q O� O #3 HOOPSLLJ a O\ ) O @ 12" O.C. G w o w CD aO I— O z —i w II � U E „ = I- w cy- 1 . L � m SECTION - ti. V. � CONCRETE TO BE """�n 2 , �R sheet MIN. 4,500psi MIX Scale: 1" = 1'-0" m. 4 " PERFORATED N12 si 1 PLAN ITH RODENT GUARD DRAIN TILE TO HP8x36, EMBED 18 MIN v �555 :- BELOW LOWER GRADE �h Scale: 1 = 1-0 T BOTH ENDS . DAYLIGHT " , , ^„ 20-3037 HP8x36 NOTE: TOP OF ENCASEMENT MAY NEED TO BE HELD 18"0 CONCRETE ENCASEMENT W/ (4) #4 DOWN SLIGHTLY FROM TOP OF PILE TO ALLOW VERTICALS AND #4 HOOPS ® 12" O.C. INSTALLATION OF PERMATRAK SYSTEM. OWNER MAY ENCASMENT TO COVER EXPOSED PORTIONS OF REQUEST TO HAVE TOP PORTION GROUTED IN AFTER PILE AND EXTEND MIN. 1' INTO LAKE BED PERMATRAK IS INSTALLED. COORDINATE WITH OWNER AND PERMATRAK 1 ALTERNATE 2: ENCASEMENT GENERAL PILE NOTES: 1. PILES_SHA_LL BE_HP8x36 _ _ _ _ _ _ _ _ _ _ _ _ _ 71.1. ALTERNATE OPTION 1: PILES SHALL BE HP8x36 GRADE 50 WEATHERING L — — STEEL PILES — — — — — — — — — — — — — — — — — � F-17 — ALTERNATE—OPTF0ff-2-PILES—SHALL—BE—HP8x36 GRADE-50—PIL-ES-WITR- I CONCRETE ENCASEMENT PER ATTACHED DETAILS FOR ENTIRE EXPOSED LENGTH AND APPROXIMATELY 1'-0" EMBED. NOTE THAT TOP PORTION OF ENCASEMENT MAY NEED TO BE SEPARATE POUR TO ALLOW INSTALLATION OF PERMATRAK SYSTEM, COORDINATE WITH OWNER AND L — — PERMATRAK — — — — — — — — — — — — — — — — — 2. PILES SHALL HAVE MINIMUM EMBED OF 15-0" BELOW LAKE BED 3. PILES HAVE AN EXPECTED LENGTH OF 25' EMBED 4. NOTIFY ENGINEER PRIOR TO CONSTRUCTION IF ANY OF THE PILES ARE NOTES: FOUND TO REQUIRE MORE THAN 12'-0" LENGTH ABOVE LAKE BED 5. TOP OF DECK TO BE AT ELEVATION 853.00 SEE Permatrak DRAWING PT02 6. TOP OF PILES TO BE AT ELEVATION 851.38 FOR PIER LAYOUT AND SPACING. 7. THE PILES SHALL BE DRIVEN TO THE FOLLOWING MINIMUM ALLOWABLE CAPACITIES AS DETERMINED IN THE FIELD VIA THE WAVE EQUATION BASE BID IS TO INCLUDE ALTERNATE OPTION #1 ON THIS PAGE. SEE BID BID OPTION ASD LRFD SHEET. BASE OR ALT 1 14,000# 19,000# INCLUDE ENCASEMENT)S TIO THE ADDCRETE ALT 2 17,000# 23,000# ALTERNATE TO THE CONTRACT. scale C::) sheet VJ Engineering MARTIN LAKE FISHING PIER ASN TED 0 2570 Holiday Road WATERLOO, IA drawn by 2 S` r I a — 319-338-4939 PIER PILE INFORMATION Dsaiaezo BID TAB FY 2021 GREENBELT LAKE REAP GRANT PROJECT # 2018-0033 BID DATE: JANUARY 28, 2021 BID TIME: 1 :OOPM CONTRACTOR BID AMOUNT ALTERNATE BID SECURITY Boulder Contracting $252,150.00 $50,000.00 5% Grundy Center, IA Taylor Construction, Inc. 473,000.00 $95,000.00 5% New Vienna, IA Peterson Contractors, Inc. $314,101.22 $100,000.00 5% Reinbeck, IA Page 342 of 547 CITY OF WATERLOO Council Communication Request by the City of Waterloo to rezone approximately thirty-nine (39) acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District, located East of 2971 Independence Avenue. City Council Meeting:2/1/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance SUBJECT: amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to rezone approximatelhirty-nine (39) acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District, located East of 2971 Independence Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by the City of Waterloo to rezone Summary Statement: approximately 39 acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District located East of 2971 Independence Avenue. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. The applicant is requesting to rezone the property in question for future industrial development. The request would not appear to have a negative impact on the neighborhood as the area is adjacent to properties zoned"M-2,P". The request would not appear to have a negative impact on vehicular or Page 343 of 547 pedestrian traffic movements in the area. The area is served by Independence Avenue, which is classified as a collector. Currently there is no sidewalks in the area. The Martin Luther King, Jr. trail is located 0.488 miles to the north. The area of the proposed site is currently zoned "A-1"Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding uses and zoning: North—Agricultural zoned"M-2,P"Planned Industrial Distrcit. South—Agricultural zoned "C-2"Commercial District and"A-1" Agricultural District East—Ferguson Distribution Center and Agricultural zoned "M-2,P" Planned Industrial District. West— Residential, a mobile home park, and agricultural zoned"A-1" Agricultural District, "R-4"Multiple Residence District and"M-2,P" Planned Industrial District. Homes in the area were built between 1919 and 1940 and Ferguson Distribution was built in 2004. No Buffering will be required for the rezone, and would be reviewed as future development through a Site Plan Amendment approval process. A drainage plan will not be needed for the rezone, however a drainage plan Background Information: will need to be included with any development that occurs at the site. A portion of the property in question is located in Special Flood Hazard area Zone A— 100 Year Floodplain and Floodway as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0194F & 0307F, dated July 18, 2011. Highland Elementary School is located 1.53 miles to the southwest, Bunger Middle School is located 1.82 miles to the south, and East High School is located 2.67 miles to the west. The Future Land Use Map designates this area as Industrial and the proposed area of future development appears to be compatible with the comprehensive plan. The area was acquired by the City of Waterloo for industrial development. The city previously demolished an old farmstead on the site. Except for a few properties immediately to the west of the proposed rezone all properties that surround these properties are also zoned "M-2,P"Planned Industrial District and is considered part of the Northeast Industrial District. In addition the future land use map for the properties does designate the properties as industrial. Therefore, staff recommends that the request to rezone approximately 39 acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The area is mostly surrounded by land that is zoned "M-2,P"Planned Industrial District and is adjacent to the Ferguson Distribution Center. 3. The properties in question are classified as Industrial on the Future Land Use Map. The Southwest '/4 of the Southwest1/4o f Section 21, Township 89 North, Legal Descriptions: Range 12 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa. Page 344 of 547 January 12,2020 REQUEST: Request by City of Waterloo to rezone approximately 39 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at East of 2971 Independence Avenue. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone the property in question for DESCRIPTION: future industrial development. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & neighborhood as the area is adjacent to properties zoned "M-2,P". SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Independence Avenue, which is classified as a collector. CONDITIONS: RELATIONSHIP TO Currently there is no sidewalks in the area. The Martin Luther King, RECREATIONAL Jr. trail is located 0.488 miles to the north. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed site is currently zoned "A-1" Agricultural FOR SITE AND District and has been zoned as such since the adoption of the IMMEDIATE Zoning Ordinance in 1969. Surrounding uses and zoning: VICINITY: North — Agricultural zoned "M-2,P" Planned Industrial Distrcit. South — Agricultural zoned "C-2" Commercial District and "A-1" Agricultural District East — Ferguson Distribution Center and Agricultural zoned "M-2,P" Planned Industrial District. West — Residential, a mobile home park, and agricultural zoned "A- 1" Agricultural District, "R-4" Multiple Residence District and "M-2,P" Planned Industrial District. DEVELOPMENT Homes in the area were built between 1919 and 1940 and Ferguson HISTORY: Distribution was built in 2004. BUFFERS/ No Buffering will be required for the rezone, and would be reviewed SCREENING as future development through a Site Plan Amendment approval REQUIRED: process. DRAINAGE: A drainage plan will not be needed for the rezone, however a drainage plan will need to be included with any development that occurs at the site. FLOODPLAIN: A portion of the property in question is located in Special Flood Hazard area Zone A— 100 Year Floodplain and Floodway as indicated by the Federal Insurance Administration's Flood Insurance East of 2971 Independence rezone from"A-1"to W-2,P" Pdgrf 3416 of 547 January 12,2020 Rate Map, Community Number 190025 and Panel Numbers 0194F & 0307F, dated July 18, 2011 . PUBLIC /OPEN Highland Elementary School is located 1.53 miles to the southwest, SPACES/ Bunger Middle School is located 1.82 miles to the south, and East SCHOOLS: High School is located 2.67 miles to the west. The nearest open space is Maywood Park located 1.03 miles to the southwest. UTILITIES: WATER, There is a 12" Sanitary Sewer Line on the south side of SANITARY SEWER, Independence Avenue along with a waterline on the north side of STORM SEWER, Independence Avenue. There are overhead power lines along the ETC: north side of Independence Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial and the COMPREHENSIVE proposed area of future development appears to be compatible with LAND USE PLAN: the comprehensive plan. STAFF ANALYSIS — The City of Waterloo is requesting to rezone approximately 39 acres ZONING from "A-1" Agricultural District to "M-2,P" Planned Industrial District ORDINANCE: for future industrial development. A portion of the area being proposed for rezone was acquired by the City of Waterloo for industrial development. The city then demolished the old farmstead. Except for a few properties immediately to the west of the proposed rezone all properties that surround these properties are also zoned "M-2,P" Planned Industrial District and is considered part of the Northeast Industrial District. In addition the future land use map for the properties does designate the properties as industrial. A portion of the property in question is in the 100 year flood plain and the floodway and any future development will need to take this into account in their development plans. STAFF ANALYSIS — The applicant is not planning to subdivide the property at this time. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 39 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The area is mostly surrounded by land that is zoned "M-2,P" Planned Industrial District and is adjacent to the Ferguson Distribution Center. 3. The properties in question are classified as Industrial on the Future Land Use Map. East of 2971 Independence rezone from"A-1"to"M-2,P" Pdcgrf 3416 of 547 City of Waterloo Planning, Programming and Zoning Commission Janauary 12, 2021 GT DR of 0 o w o A-1 Z M-1 GT DR r af 0 Z MARTIN LUTHER KING,JR DR O U) M-2,P A.1_ OR ', ,• --/ O� J � 0 Q R'4 IND PENDENCE AVE C=17• I• I Z DAN'S DR' IU F- I C-2 A-1 R-31 w to �-- 13 I ROCKY RD -A=1 r NKLIN ST MULBERRY ST A-1 MULBERRY ST LU r ARCHER AVE )R LN-.-0 = O to 0 BUTLER AVE R-2 w COTTAGE GROVEj AVE J Y R-1,R-P DEA^RBORN AVE 1 , Q R-2,C-Z N East of 2971 Indpendence Avenue W .E Rezone from "A-1" to "M-2,P" s City of Waterloo 1,000 500 0 1,000 Feet Page 347 of 547 City of Waterloo Planning, Programming and Zoning Commission January 12, 2021 f MIN- R C tt 1 t % f _ t� ? G F E r� l� INDEPENDEN VE INDEPENDENCEAVE IND NCEAVE INDEPENDENCE AVE T 2971 Independence Properties Proposing Rezoning J N East of 2971 Independence Avenue W .E Rezone from "A-1" to "M-2,P" s City of Waterloo Page 348 of 547 City of Waterloo Planning, Programming and Zoning Commission January 12, 2021 Legend 0 Agriculture Vacant ® Agriculture, Residential(possibly) Low Density(1 &2 Family) ® Mixed Residential: Low, Medium, High Density Residential; Professional Offices ® Mixed Commercial: Medium to High Density Residential; Professional Offices; Neighborhood Commercial - Commercial - Business Park: Professional Offices,Commercial with Compatible Light Industrial _ Industrial Parks, Open Spaces,Schools, Hospitals, Government Fac., Public Areas,Airport Semi-Public, Utilities, Hospitals • _� IIIE III I IUII� DELL DR 6 &DADAN'S'DRt INDEPENDENCE AVE IN PENDENCE AVE INDEPENDENCE AVE r, I W 29711ndependence Properties Proposing Rezoning J � ROCKY RD ROCKYRD I� FRANKLIN ST FRANKLIN ST N East of 2971 Independence Avenue W .E Rezone from "A-1" to "M-2,P" s City of Waterloo all Future Land Use Map Page 349 of 547 East of 2971 Independence Avenue Rezone d, 1 i t. ,r y " ' .. -_ -- --- - -• .. �?, +;:...tin_; ,. Looking northeast from Independence Avenue toward Ferguson Distribution Looking north from Independence Avenue at location of former home toward Iowa Northern Railroad tracks. Page 350 of 547 m u Nw {{ W.iT Looking northwest from Independence Avenue. Looking west along Independence Avenue toward Skyview Road. Page 351 of 547 Page 352 of 547 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): OF W Address: _� f G 1(b ULAj%PQ J A jPhone: 3 0- )-q 1–K 3&� Fax: City: (/ A Idt (_QO State: ) /} Zip: 90-70 Email: Kbit�L. !&r,,j 1wV Sr*,,L1(Z(A/.@Ti� b. Status of applicant: (a)Owner(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: Email: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: � 6} 15F �9 7_I—f-^JQC'Pav0j�,J C.c/ b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: Requested zoning: io f. Reason(s)for rezoning and proposed use(s)of property: Foly2�- n10 05-7,9 1 , r!I pnomi-r 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 perjuiy tha all information on this request and submitted alon it is true and correct. All information submitted 2wilbe used the Waterloo Planning, Programming, and oningVommission and the Waterloo City Council in ision. The undersigned authorize City oning cials to enter the property in stio ' re t. S Signature of Applicant Date Signature of Owner Date Page 353 of 547 The Southwest% of the Southwest% of Section 21,Township 89 North, Range 12 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa. Page 354 of 547 CITY OF WATERLOO Council Communication Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23)vehicles for police administrative and investigative staff. City Council Meeting:2/1/2021 Prepared: 1/6/2020 ATTACHMENTS: Description Type ❑ Master Lease Agreement Backup Material ❑ Lease Example Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file comments. SUBJECT: Resolution approving a recurring Master Eduity Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23)vehicles for police administrative and investigative staff, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Joe Leibold, Major Request that the City Council pass a resolution authorizing the Mayor to sign Recommended Action: the lease agreement with Enterprise Leasing to lease 23 vehicles for the administrative and investigative staff. Summary Statement: These vehicles will replace our existing aging and out dated fleet with safer, more reliable vehicles. Expenditure Required: Initial cost not to exceed $175,000. Source of Funds: General Policy Issue: N/A Our fleet is aging and very unreliable. The alternative is to purchase 5 new Alternative: unmarked vehicles annually to establish an appropriate vehicle replacement program. The City traditionally purchases vehicles with bond funds and the funds have simply not been adequate to maintain a reliable safe fleet for our employees. Background Information: By entering into this agreement we remove our vehicles from bonding and establish a reliable, fiscally responsible, vehicle replacement program to ensure appropriate fleet management. Page 355 of 547 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) Prepared For: City of Waterloo, Iowa Date 09/03/2020 AE/AM BG2 Unit# Year 2021 Make GMC Model Sierra 1500 Series SLE 4x4 Crew Cab 6.6 ft. box 157 in.WB Vehicle Order Type Ordered Term 12 State IA Customer# 599335 $33,637.95 Capitalized Price of Vehicle 1 All language and acknowledgments contained in the signed quote $0.00 One-Time Registration Fee on Leased Vehicles 0.0000° apply to all vehicles that are ordered under this signed quote. State IA Order Information $230.00 Initial License Fee Driver Name $0.00 Registration Fee Exterior Color (0 P)Summit White $200.00 Other:Courtesy Delivery Fee Interior Color (0 1)Jet Black w/Cloth Seat Trim $0.00 Capitalized Price Reduction Lic.Plate Type Unknown $0.00 Tax on Capitalized Price Reduction GVWR 0 $0.00 Gain Applied From Prior Unit $0.00 Tax on Gain On Prior $0.00 Security Deposit $0.00 Tax on Incentive(Taxable Incentive Total:$0.00) $33,837.95 Total Capitalized Amount(Delivered Price) $456.81 Depreciation Reserve @ 1.3500% $ 140.73 Monthly Lease Charge(Based on Interest Rate-Subject to a Floor)2 $597.54 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liability Limit$0.00 $0.00 Physical Damage Management Comp/Coll Deductible 0/0 $0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $0.00 Per Mile Incl:#Brake Sets(1 set= 1 Axle)0 #Tires 0 Loaner Vehicle Not Included $0.00 Additional Services SubTotal $0.00 Use Tax 5.0000% State IA $597.54 Total Monthly Rental Including Additional Services $28,356.23 Reduced Book Value at 12 Months $395.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 10,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote.Enterprise FM Trust(not Enterprise Fleet Management)will be the Lessor of such vehicle under the Master Open- End(Equity)Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open-End(Equity)Lease Agreement with respect to such vehicle. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End(Equity)Lease Agreement until the vehicle is sold. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order,agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle.Lessee certifies that it intends that more than 50%of the use of the vehicle is to be in a trade or business of the Lessee. LESSEE City of Waterloo, Iowa BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice.Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee,Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date(Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee.Notwithstanding the inclusion of such references in this[Invoice/Schedule/Quote],all such maintenance services are to be performed by Enterprise Fleet Management,Inc.,and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management,Inc.,pursuant to that certain separate[Maintenance Agreement]entered into by and between Lessee and Enterprise Fleet Management,Inc.;provided that such maintenance fees are being billed by Enterprise FM Trust,and are payable at the direction Paap 'I-r;R of F;47 Printed On 09/03/2020 08:32:41 AM Page 1 of 7 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) of Enterprise FM Trust,solely as an authorized agent for collection on behalf of Enterprise Fleet Management,Inc. P@aP 357 of 547 Printed On 09/03/2020 08:32:41 AM Page 2 of 7 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) VEHICLE INFORMATION: 2021 GMC Sierra 1500 SLE 4x4 Crew Cab 6.6 ft.box 157 in.WB-US Series ID:TK10743 Pricing Summary: INVOICE MSRP Base Vehicle $41,215.8 $43,800.00(Est.) Total Options $1,227.15 $1,350.00(Est.) Destination Charge $1,595.00 $1,595.00 Total Price $44,037.95 $46,745.00(Est.) SELECTED COLOR: Exterior: GAZ-(0 P)Summit White Interior: HOU-(0 1)Jet Black w/Cloth Seat Trim SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP 3SA Preferred Equipment Group 3SA NC NC (Est.) A2X 10-Way Power Driver Seat Adjuster w/Lumbar Included Included (Est.) A7E 4-Way Manual Passenger Seat Adjuster Included Included (Est.) ACCESS GMC Connected Access Capable Included Included (Est.) AED Power Front Windows w/Passenger Express Down Included Included (Est.) AEQ Power Rear Windows w/Express Down Included Included (Est.) AKO Deep-Tinted Glass Included Included (Est.) ATH Keyless Open&Start Included Included (Est.) AU3 Power Door Locks Included Included (Est.) AXG Power Front Windows w/Driver Express Up/Down Included Included (Est.) AZ3 Front 40/20/40 Split-Bench Seat Included Included (Est.) B1J Rear Wheelhouse Liners Included Included (Est.) B30 Color-Keyed Carpeting Floor Covering Included Included (Est.) B32 Front Rubberized-Vinyl Floor Mats Included Included (Est.) B33 Rear Rubberized-Vinyl Floor Mats Included Included (Est.) BTV Remote Vehicle Starter System Included Included (Est.) C49 Electric Rear-Window Defogger Included Included (Est.) C5Y GVWR:7,100 lbs(3,221 kgs) Included Included (Est.) CJ2 Dual-Zone Automatic Climate Control Included Included (Est.) COMP Compass Included Included (Est.) CTT Hitch Guidance Included Included (Est.) FE9 Federal Emissions Requirements NC NC (Est.) G80 Auto-Locking Rear Differential Included Included (Est.) GAZ_01 (0 P)Summit White NC NC (Est.) GRILLE Chrome Grille Included Included (Est.) GU5 3.23 Rear Axle Ratio Included Included (Est.) HOU-01 (0 1)Jet Black w/Cloth Seat Trim NC NC (Est.) IOR Radio:GMC Infotainment Audio System Included Included (Est.) KA1 Heated Driver&Front Outboard Passenger Seating Included Included (Est.) KC4 External Engine Oil Cooling Included Included (Est.) K13 Heated Steering Wheel Included Included (Est.) KNP Auxiliary External Transmission Oil Cooler Included Included (Est.) KPA 12-Volt Rear Auxiliary Power Outlet Included Included (Est.) P'1'? R-rR of F1d7 Printed On 09/03/2020 08:32:41 AM Page 3 of 7 _ FLEET Open-End E Lease Rate Quote Quote No: 4741227 MANAGEMENT pen- (Equity) CODE DESCRIPTION INVOICE MSRP KW7 170 Amp Alternator Included Included (Est.) L84 Engine:5.3L EcoTec3 V8 $1,269.45 $1,395.00 (Est.) MQB Transmission: 10-Speed Automatic Included Included (Est.) N06 Electrical Lock Control Steering Column Included Included (Est.) N37 Manual Tilt-Wheel&Telescoping Steering Column Included Included (Est.) NPO Single Speed Transfer Case Included Included (Est.) PAINT Solid Paint STD STD (Est.) PCQ SLE Convenience Package Included Included (Est.) PDU SLE Value Package Included Included (Est.) Q5U Wheels: 17"x 8"Bright Silver Painted Aluminum Included Included (Est.) QBN Tires:255/70R17 AS BW Included Included (Est.) R9Y Fleet Free Maintenance Credit $42.30 $45.00 (Est.) STDSU Heavy Duty Suspension STD STD (Est.) STDTM Cloth Seat Trim STD STD (Est.) U2K SiriusXM Radio Included Included (Est.) UE1 OnStar&GMC Connected Services Capable Included Included (Est.) UF2 LED Cargo Area Lighting Included Included (Est.) UK3 Steering Wheel Audio Controls Included Included (Est.) UQF 6-Speaker Audio System Feature Included Included (Est.) USS Rear Dual USB Charging-Only Ports Included Included (Est.) UTJ Theft Deterrent System(Unauthorized Entry) Included Included (Est.) V76 Front Frame-Mounted Black Recovery Hooks Included Included (Est.) VV4 4G LTE Wi-Fi Hotspot Capable Included Included (Est.) WARANT Fleet Customer Powertrain Limited Warranty NC NC (Est.) Z82 Trailering Package Included Included (Est.) P'1'? 'lr,A of F1d7 Printed On 09/03/2020 08:32:41 AM Page 4 of 7 CONFIGURED FEATURES: Body Exterior Features: Number Of Doors 4 Rear Cargo Door Type: tailgate Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Door Handles: body-coloured Front And Rear Bumpers: chrome front and rear bumpers with black rub strip Rear Step Bumper: rear step bumper Front Tow Hooks: 2 front tow hooks Box Style: regular Body Material: galvanized steel/aluminum body material : class IV trailering with harness,hitch Fender Flares: black fender flares Grille: chrome grille Convenience Features: Air Conditioning automatic dual-zone front air conditioning Console Ducts: console ducts Cruise Control: cruise control with steering wheel controls Power Windows: power windows with front and rear 1-touch down Remote Keyless Entry: keyfob(all doors)remote keyless entry Illuminated Entry: illuminated entry Integrated Key Remote: integrated key/remote Auto Locking: auto-locking doors Passive Entry: proximity key Trunk FOB Controls: keyfob trunk/hatch/door release Remote Engine Start: remote engine start-keyfob Steering Wheel: heated steering wheel with manual tilting,manual telescoping Day-Night Rearview Mirror: day-night rearview mirror Driver and Passenger Vanity Mirror: illuminated driver and passenger-side visor mirrors Emergency SOS: OnStar and GMC connected services capable Front Cupholder: front cupholder Overhead Console: mini overhead console with storage Glove Box: locking glove box Driver Door Bin: driver and passenger door bins Rear Door Bins: rear door bins Seatback Storage Pockets: 2 seatback storage pockets Dashboard Storage: dashboard storage IP Storage: covered bin instrument-panel storage Front Underseat Storage Tray: locking front underseat storage tray Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Accessory Outlet: 2 12V DC power outlets Entertainment Features: radio SiriusXM AM/FM/Satellite with seek-scan Radio Data System: radio data system Audio Theft Deterrent: TheftLock Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers Internet Access: 4G LTE Wi-Fi Hotspot capable internet access 1st Row LCD: 2 1st row LCD monitor Wireless Connectivity: wireless phone connectivity Antenna: fixed antenna Lighting,Visibility and Instrumentation Features: Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-levelling Headlights: auto-leveling headlights Cab Clearance Lights: cargo bed light Front Wipers: variable intermittent wipers P'1'? '160 of F;47 Printed On 09/03/2020 08:32:41 AM Page 5 of 7 Rear Window Defroster: rear window defroster Tinted Windows: deep-tinted windows Dome Light: dome light with fade Front Reading Lights: front and rear reading lights Variable IP Lighting: variable instrument panel lighting Display Type: analog display Tachometer: tachometer Voltometer: voltmeter Compass: compass Exterior Temp: outside-temperature display Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer Trip Odometer: trip odometer Oil Pressure Gauge: oil pressure gauge Water Temp Gauge: water temp.gauge Inclinometer: inclinometer Engine Hour Meter: engine hour meter Clock: in-radio display clock Systems Monitor: systems monitor Check Control: redundant digital speedometer Rear Vision Camera: rear vision camera Oil Pressure Warning: oil-pressure warning Water Temp Warning: water-temp.warning Battery Warning: battery warning Low Oil Level Warning: low-oil-level warning Low Coolant Warning: low-coolant warning Lights On Warning: lights-on warning Key in Ignition Warning: key-in-ignition warning Low Fuel Warning: low-fuel warning Low Washer Fluid Warning: low-washer-fluid warning Door Ajar Warning: door-ajar warning Brake Fluid Warning: brake-fluid warning Turn Signal On Warning: turn-signal-on warning Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Brake Pad Wear: brake pad wear Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: DuraLife four-wheel disc brakes Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights Spare Tire Type: full-size spare tire Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Seatbelt Pretensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks Ignition Disable: immobilizer Security System: security system Panic Alarm: panic alarm Electronic Stability: StabiliTrak w/Proactive Roll Avoidance electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control P'1'? '161 of F;47 Printed On 09/03/2020 08:32:41 AM Page 6 of 7 Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 2 rear head restraints Seats And Trim: Seating Capacity max.seating capacity of 6 Front Bucket Seats: front split-bench 40-20-40 seats Front Heated Cushion: driver and passenger heated-cushions Front Heated Seatback: driver and passenger heated-seatbacks Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split-bench seat Rear Folding Position: rear seat fold-up cushion Leather Upholstery: cloth front and rear seat upholstery Door Trim Insert: vinyl door panel trim Headliner Material: full cloth headliner Floor Covering: full carpet floor covering Cabback Insulator: cabback insulator Dashboard Console Insert, Door Panel Insert Combination: metal-look instrument panel insert,door panel insert,console insert Shift Knob Trim: urethane shift knob LeatherSteeringWheel: leather/metal-look steering wheel Floor Mats: rubber front and rear floor mats Interior Accents: chrome interior accents Standard Engine: Engine 355-hp,5.3-liter V-8(regular gas) Standard Transmission: Transmission 10-speed automatic w/OD and auto-manual P'1'? '167 of F1d7 Printed On 09/03/2020 08:32:41 AM Page 7 of 7 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property, located south of 1246 Martin Road, to IPE1031 REV279, LLC, (Cardinal Construction), and to approve the Fourth Amendment to a Development Agreement to convey additional land and award four years at 50 percent tax rebates for the expansion/construction of a shared detention pond system. City Council Meeting:2/1/2021 Prepared: 1/21/2021 ATTACHMENTS: Description Type ❑ Original DA Backup Material ❑ Map of area 4th Amend Backup Material ❑ Cardinal DA 4th Amendment Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property SUBJECT: located south of 1246 Martin Road, to IPE1031 REV279, LLC, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a Development Agreement, to include additional rebates for four(4)years at 50% for a shared detention system 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 City's original Development Agreement allowed for additional rebates Summary Statement: through the construction of shared detention system-which will allow for more development of land closer to Martin Road and utilities. The rebates awarded are based on costs for added/expanded area construction. Expenditure Required: Tax rebates Source of Funds: Martin Road TIF Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create Policy Issue: an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Background Information: See summary Page 363 of 547 Area to be conveyed: Legal Descriptions: The North 150 feet of Lot 2, Lot 3, and Tract A, Brock Third Addition, Waterloo, Iowa Page 364 of 547 r DEVELOPMENT AGREEMENT Prepared by: Noel Anderson, 715 Mulberry Street, Waterloo, Iowa 50703 319.291.4366 This Development Agreement is entered into as of , 2017, by and between Cardinal Construction, Inc. (an Iowa Corporation), (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Martin Road Development Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before August 30, 2017, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property") for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. It is acknowledged that neither the City nor the Company has conducted a Phase 1 or other environmental study of the Property, which was formerly an acreage and cropland which are believed to have caused minimal environmental impact. Therefore it is agreed that if, within twelve (12) months of conveyance, it is determined that there was a violation of environmental law or regulation at the time of conveyance which is not of the making of 1 Page 365 of 547 the Company, its successors, contractors or agents, then the City will bear the costs of remediation or cleanup and indemnify and hold the Company harmless from such costs, within a scope of remediation consistent with hazards reasonably possible in light of the Property's former use as an acreage and cropland. If remediation is necessary for conditions outside such scope, the parties agree to negotiate in good faith regarding allocation of costs. 2. Improvements by Company. A. New Construction. Company shall construct a building consisting of approximately 5,000 square feet of office and 15,000 sq. ft. of industrial building, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes, and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the value added by the Improvements will, upon completion, result in an assessed value of no less than $1,100,000.00. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". B. FloodwaV Alterations. A portion of the Property lies within the floodway. Company will remove fill from the floodway area and deposit it on buildable areas of the Property, to raise the elevation of such area. Company may also choose to construct, before the Project Completion Date defined below, a detention pond of a size greater than is necessary to handle storm water runoff from the Project site, to receive surface water flows from other properties in the vicinity. If such a detention pond or system is capable of use by developments other than the Project, then City will negotiate with Company in good faith to compensate Company for its investment in excess capacity of the detention pond. C. Wetland Development. Company may choose to develop, before the Project Completion Date defined below, a wetland area within the floodway area on the Property, and in that event City will work with Company in good faith to identify other current wetland areas along West Ridgeway Avenue that may be suitable for transfer to Company for development purposes. Terms of any transfer may be set forth in a separate development agreement. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Company must obtain a building permit and begin construction no later than twenty--two (22) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements on the Property 2 Page 366 of 547 shall be completed within twelve (12) months of that Project Start Date (the "Project Completion Date"). If, by the Project Start Date, Company has not begun in good faith to begin construction of the Improvements upon the Property, then title to the Property shall revert to the City. If construction has not begun by the Project Start Date, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced by the Project Start Date or within any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter of title. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. Water and Sewer. City will provide water main and sewer main infrastructure to the Property line, and Company will be responsible for extending water and sewer service to any location on the Property that it desires and for payment of any associated connection fees. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 6, the City agrees to rebate property taxes (with the exceptions noted below) as follows: a. Year One - 50% rebate b. Year Two - 50% rebate C. Year Three - 50% rebate d. Year Four - 50% rebate e. Year Five - 50% rebate for any taxable value over the January 1, 2017 value of $21,764 (calculated as 5.5 acres from parcel number 8913-32-426-003 which is valued at $2,098.75 per acre for a 3 Page 367 of 547 total of $11,544; and for the entire parcel of 8913-32-426-002 valued at a total of $10,220). Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, otherwise Company will forfeit its right to a rebate for that year. 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 the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $1,100,000.00 ("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 sign the agreement attached as Exhibit "B" at closing. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 4 Page 368 of 547 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Abstracting. No less than ten (10) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 10. 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 180 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. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Cardinal Construction, Inc., 531 Commercial Street, Suite 700, Waterloo, Iowa 50701, Attention: Gene Leonhart. 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 5 Page 369 of 547 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. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit °B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, 6 Page 370 of 547 discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA CARDINAL CONSTRUCTION, INC. By: By. Quentin Hart, Mayor Title: Attest: Kelley Felchle, City Clerk Page 371 of 547 EXHIBIT "R" Legal Description of Property To be platted 1 Page 372 of 547 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Cardinal Construction, Inc. (an Iowa Corporation ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer 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 Developer will undertake the development of an area ("Project") within the City and within the "Martin Road Development Area"; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $1,100,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2020. 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, 2030. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment 1 Page 373 of 547 made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor ATTEST: By: Kelley Felchle, City Clerk Cardinal Construction, Inc. Corporation By: Title: STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin 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 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 2 Page 374 of 547 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 , 2017 by as of Cardinal Construction, Inc. Notary Public 3 Page 375 of 547 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Million One Hundred Thousand Dollars ($1,100,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) Ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld as Assessor for Black Hawk County, Iowa. Notary Public 1 Page 376 of 547 - + �:�•::.�.. �r}l _ , .tet. �, ;w. :. 06 0 t• 4 J . ....... ..... _ t Al 4 - Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 Return to Waterloo Planning Dept, 715 Mulberry Street,Waterloo, IA 50703 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT and AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Fourth Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2021, by and between the City of Waterloo, Iowa ("City") and IPE1031 REV279, LLC ("Assignee"). RECITALS A. Assignee is assignee and successor-in-interest to Cardinal Construction, Inc. ("Cardinal") in connection with that certain Development Agreement dated August 7, 2017, as previously amended by amendments dated February 24, 2018, April 2, 2018 and September 4, 2018 (collectively, the "Agreement"), concerning the development of property as described in the Agreement. The original agreement and first and second amendments were filed in the county land records as Doc. Nos. 2018-16599, 2018-16600 and 2018-16603, respectively. The third amendment has not yet been filed. City and Assignee, as assignee and successor-in-interest to Cardinal, are parties to that certain Minimum Assessment Agreement dated August 7, 2017 (the "MAX) pertaining to the Property. B. The parties desire to amend the Agreement and the MAA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. The Agreement is amended to add the following new terms: A. City will convey to Assignee, for the sum of$1.00, the real property described as "The North 150 feet of Lots 2 and 3 and the North 150 feet of Tract A, Brock Third Addition, Waterloo, Iowa," on the same terms as set forth in Section 1 of the Agreement. Said conveyance shall occur within 60 days after the date of this Amendment. Upon conveyance, said real estate shall be included as part of the "Property" under the Agreement. Page 378 of 547 B. By May 28, 2020, Assignee will construct upon the expanded Property an enlargement of the detention basin currently existing on Lot 1 of Brock Third Addition. Assignee agrees that the enlarged basin will receive surface water drainage from Lots 2 and 3, and Assignee agrees to design and construction the basin in accordance with all applicable requirements and to negotiate a shared-basin agreement with the owner(s) of Lots 2 and 3. C. If City acquires the parcel identified as 1318 Martin Road, then Assignee and/or Cardinal will have a right of first refusal to purchase said parcel and Tract B of Brock Third Addition. Said right shall exist for a term of five (5) years from when City purchases 1318 Martin Road and shall be exercisable within twenty (20) days after City notifies Assignee and Cardinal of a proposal from a third party unaffiliated with Assignee or Cardinal to undertake a development project on said property. To exercise said right, Assignee or Cardinal must notify City in writing that it will undertake a project on the property that at least matches the project terms of the third-party proposal. Promptly following timely exercise of the right, the parties will negotiate and enter into a new development agreement and related minimum assessment agreement that specifies project terms and any related City incentives. 2. Section 5 of the Agreement is amended to add five (5) additional years of rebates at 50% for each year, for a total of ten (10) years of rebates. 3. Section 2 of the MAA is amended to strike "December 31, 2030" therefrom and to substitute "December 31, 2038" in its place. 4. Except as modified herein, the Agreement and the MAA shall continue unmodified in full force and effect. Capitalized terms used herein that are not defined in this Amendment shall have the meaning attributed to them in the Agreement. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. IPE1031 REV279, LLC CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk 2 Page 379 of 547 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at the northwest corner of Beech Street and Webster Street, to Walter and Kelly Reed, for$1,738.80, with a Development Agreement. City Council Meeting:2/1/2021 Prepared: 1/21/2021 ATTACHMENTS: Description Type ❑ Map Backup Material ❑ Reed DA Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city owned property SUBJECT: located south of 1213 Beech Street, to Walter and Kelly Reed, in the amount of$1,738.80, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement 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 City acquired the lot through 657A process and is now selling to a Summary Statement: private owner. The price is determined by the assessed value of the lot minus improvements made to the lot(fencing). The Reeds have family members abutting on land to north. Expenditure Required: None Source of Funds: NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create Policy Issue: an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Legal Descriptions: Rose Hill First Addition Lot 11 Block 2 Page 380 of 547 co uj Mr A .: NEWELL-ST It O•" T — ^'.. , + ---� = UINCY ST ----- .,AIN — _ ! , Q I N 'tom►+ I : i � t_ rift _ e -WEBSTER ST WEBSTER ST m «.. 7`t 17 —ADAMS ST ADAMS ST Ui I r I W X` o C f"! COTTAGE ST J COTTAGE ST Citi] of Waterloo, lower Northwest Corner of Beech Street and Webster Street N W E Page 381 of 47 CITY OF WATERLOO Council Communication Resolution adopting a face mask mandate for the City of Waterloo. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Resolution adopting a face mask mandate for the City of Waterloo. Submitted by: Submitted By: Jonathan Grieder, Ward 2 Council member Recommended Action: Approval. Page 389 of 547 Prepared by Kelley Felchle, Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2021-XXX RESOLUTION ADOPTING A FACE MASK MANDATE FOR THE CITY OF WATERLOO. WHEREAS, we, the elected representatives of the City of Waterloo, took an oath to uphold and defend the Constitution of the United States and the Constitution of the State of Iowa; and, Whereas, the emergence of the novel coronavirus, SARS-CoV-2, that causes the diseases COVID-19, can result in serious illness or death and can easily be spread from person to person; and, WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency related to the dangers posed by COVID-19; and, WHEREAS, on March 9, 2020, the Governor of the State of Iowa, Kim Reynolds, signed a proclamation of disaster emergency for the entire State of Iowa based on the increasing numbers in the State of Iowa testing positive for COVID-19; and, WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak to be a worldwide pandemic; and, WHEREAS, on March 13, 2020, the President of the United States signed an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizing emergency response measures in all fifty states in response to COVID-19; and, WHEREAS, the most current local data relating to COVID-19 as provided by the Iowa Department of Public Health ("IDPH") and the Black Hawk County Department of Public Health (`BHCDPH") show that the state, Black Hawk county, and Waterloo continue to experience significant community spread of this disease; and, WHEREAS, the City of Waterloo has a compelling interest to protect the lives of its residents; and, WHEREAS, Article III, Section 38A of the Iowa Constitution grants municipalities the power to determine their local affairs and government not inconsistent with the laws of the general assembly; and, Whereas, Chapter 364 of the Iowa Code reaffirms the constitutional grant of home rule authority to municipalities "to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or its residents, and improve the peace, safety, health, welfare and convenience of its residents"; and, WHEREAS, a city"may exercise its general powers subject only to limitations expressly imposed by state or city law," and the exercise of a city power "is not inconsistent with a state law unless it is irreconcilable with the state law." Iowa Code section 362.2(2) and(3); and WHEREAS, a city may set standards "more stringent than those imposed by state law, unless a state law provides otherwise." Iowa Code section 364.3(a); City of Des Moines v. Gruen, 457 N.W.2d 340, 343 (Iowa 1990); Bryan v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978); and, WHEREAS, the Center of Disease Control ("CDC"), the IDPH, and BHCDPH, have all Page 390 of 547 Resolution No. 2021- Page 2 determined and encouraged that face coverings are an critical tool in the fight against COVID-19 that could reduce the spread of the virus particularly when used universally within a community; and, WHEREAS, the Governor's current proclamation requires that businesses and gatherings ensure social distancing of employees, customers, and attendees, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with the guidance of the IDPH; and, WHEREAS, the IDPH's reopening guidance advises that members of the public consider the use of cloth face coverings when distancing is not possible because wearing a face covering in public places where social distancing measures are difficult can help slow the spread of COVID-19; and, WHEREAS, a requirement that persons in the City of Waterloo wear face coverings is essential to reducing the risk of transmission of COVID-19, and necessary to protect the health, welfare, and safety of residents, visitors and accelerate local recovery efforts; and, WHEREAS, a requirement that persons wear a face covering is not irreconcilable with the Governor's proclamations and the guidance of the Iowa Department of Public Health; and, WHEREAS, this resolution is not meant to be stigmatizing or punitive and is in the best interest of the health, welfare, and safety, and economic recovery of the City of Waterloo and its residents; now, therefore NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. Every person in the City of Waterloo must wear a face covering when: a. In public as opposed to one's place of residence, when one cannot stay six (6) feet apart from others. b. Inside any indoor public settings, including but not limited to: 1. Grocery stores 2. Pharmacies 3. Hardware stores 4. Retail stores 5. Other public settings that are not one's place of residence and when among people who do not live in the same household 6. City buildings c. Outside if maintaining six (6) feet apart is not possible d. Using public transportation or private car services (including taxis, ride share, or carpooling) Section 2. No business that is open to the public may provide service to a customer or allow a customer to enter is premises, unless the customer is wearing a face covering as required by this resolution, and businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligations to wear a face covering while inside. Section 3. Those who are exempt from wearing a face covering: a. Persons younger than 2 years of age due to the risk of suffocation. b. Anyone who has trouble breathing, on oxygen therapy, or ventilator. c. Anyone who is unconscious, incapacitated, or otherwise unable to remove their Page 391 of 547 Resolution No. 2021- Page 3 face covering without assistance. d. Anyone who has been told by a medical, legal, or behavioral health professional not to wear face coverings. e. Anyone actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel. Section 4. Places and times where a persons are exempt from wearing a face covering; a. While traveling in a personal vehicle alone or with household members. b. While a person is alone or with household members. c. While exercising at moderate or high intensity e.g. swimming,jogging, biking. d. While seated at a food establishment in the process of eating or drinking. e. While obtaining a service that would require temporary removal of the persons face covering. f. When federal or state law prohibits wearing a face covering or requires the removal of a face covering. Section 5. If a cloth face covering is chosen, appropriate use of a cloth face covering includes: a. A snug fit, but comfortable against the side of the face. b. Completely covers the nose and mouth. c. Is secured with ties or ear loops. d. Includes multiple layers of fabric. e. Allows for breathing without restriction. f. Can be laundered and machine dried without damage or change in shape. Section 6. The enforcement mechanism for this resolution shall be left up to the Mayor or designee with the aim towards compliance not punishment. Section 7. That this resolution shall be in effect for twelve weeks from the date it is signed by the Mayor. Prior to the expiration, the City Council of the City of Waterloo may extend the mandate by adopting a new resolution. Section 8. If any section,provision, or part of this resolution is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision, or part of this resolution not adjudged invalid or unconstitutional. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this this 1St day of February 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 392 of 547 Resolution No. 2021- Page 4 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2021- as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 1 st day of February 2021 and signed by the Mayor of the City of Waterloo, Iowa on the th day of February 2021. Witness my hand and seal of office this th day of February 2021. SEAL Kelley Felchle •��ER��•, 11��j�� City Clerk ���ll • � W Page 393 of 547 CITY OF WATERLOO Council Communication Resolution approving an agreement with deNovo Marketing, LLC, of Cedar Rapids, Iowa, to provide consulting services and guide the 2030 Waterloo Community Vision and Strategic Plan, in the amount of $50,000, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ RFQ Backup Material ❑ Timeline Backup Material Resolution approving an agreement with deNovo Marketing LLC. of Cedar SUBJECT: Rapids, Iowa, to provide consulting services and guide the 2030 Waterloo Community Vision and Strategic Plan, in the amount of$50,000, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Mayor Quentin Hart Recommended Action: Approval Page 394 of 547 Thank you for requesting this proposal! A word about our proposal software: de Novo uses proposal software developed by Proposable.com to respond to RFPs,outline scope and pricing. To navigate between sections,simply hit the arrow buttons(left and right)in the upper right corner of the window to move forward and backward in the proposal.Additionally,you can download this proposal as a PDF by clicking the"download cloud"icon in the upper-left portion of your window. You may comment on the proposal at any time in the left-hand column of the browser.The questions are immediately forwarded to our team for reply. Ready?Your serve! Page 395 of 547 `t d e MA ,.,YIPVC 01 �I ;mile b � *� � A PROPOSAL FOR: Planning for Success PREPARED FOR: 6 + (��+ + Wendy Bowman * The City of Waterloo w PREPARED BY: i Jennifer Neumann de Novo Marketing r 09/30/2020 off rL .ii'.ii i�•� Page 396 of 547 n OFF 1HrrER OF INTEREST September 30th, 2020 ctn Vo To the City of Waterloo City Staff&Council: Thank you for the opportunity to share our experience,interest, and approach to community development and planning for the City of Waterloo. Over the years weve developed abit of a reputation for combining data-based information with sound communications practices and award-winning creativity to help communities and organizations set and achieve their goals.Our experience across communities and organizations provides context and experience to the strategies and initiatives we help to put in place.We are excited for the opportunity to put our methodology into play for Waterloo and make meaningful changes by setting attainable yet impactful changes to help your community achieve its potential. We have big plans for you.By combining our knowledge of your community with our objective perspective and inventive processes for gathering community input,we will help you find and articulate a community vision that will propel Waterloo forward.Once weve established that,we'll work to develop a plan to get you there by aligning community resources with what we learn in the input process.We envision a set of goals to be achieved in your eight-year time frame that will grow and better Waterloo,while leveraging the great talents,passion,and the attributes that underpin your city. Were experienced,effective,responsive and a heckuvalot of fun to work with.While our entire team of 16 will at some point be a part of this campaign,the following two representatives will be integrally involved. Your main point of contact and account manager will be: Jill Mast,VP,Director of Client Service. jill@thinkdenovo.com 319.200.4405 Community facilitation and analysis will be administered by: Jen Neumann,CEO. jen@thinkdenovo.com 319.200.4901 This letter officially indicates our(extreme)interest in serving as your partner in visioning and planning,and is valid for 90 days from the date of submission.Let's roll! Jennifer A. Neumann Signed: 9.29.2020 CEO, de Novo Marketing Page 397 of 547 FIRM OVERVIEW When a community decides to work with de Novo,they're usually looking for a different approach than the standard focus group and foam core on a tripod approach. It's in our name after all—de Novo is Latin for"new'or"fresh:'It can also mean"again,but in a different way:' At de Novo,our processes and plans center around your goals.We start with them in mind and work backward from that point to develop a pian that is intrinsic to your community and no one elses. Since 2407,we've grown from two people working in a closet-sized room to a IU-service marketing&communications agencywith a large open office to accommodate our growing staff.Our offices also contain a full video and photography studio,an audio suite,and conference rooms to meet the growing needs of our clients and provide both staff and clients with meeting space optimized for collaboration. just as the community and economic development landscape has changed over the last 13+ years,so have we.But weve never let go of our core philosophy—by seeking first to understand,by diving deep into the collective hopes and dreams of a community,and by merging that with a deep understanding of human behavior and realistic yet ambitious planning,we help communities plan for their successful future. Our �olle�tive Creative At de Novo,our team is your team.We work closely with you to develop the strategies and tactics that help you meet your goals.We've always worked in abig open office, conducive to L� collaboration,but made a natural switch to remote and hybrid office presence in March.We collaborate across SlackTMand other services to keep our communication and communication levels high and share the occasional meme. One of the benefits of working with our team is that you get CN the best of our collective experience and creative.It's something that sets us apart and gives our clients a competitive advantage. Meet our team and learn about our departmental structure below: Page 398 of 547 The de Nava Team Leadership Jen Neumann 1 Owner&CED Jen Neumann is the creative fulcrum and behavioral design nerd of the team.She blends usability,effective communications, industry standards,and cutting edge technology to create tactics that work and is the person we lean on to lead community conversations and develop a vision for our clients. Her experience across multiple community-based projects and industries provides context and balance to our projects. Jill Mast 1 VP,Director of Client Service&Waterloo Native For nearly 20 years,Jill has worked with clients from almost every industry under the sun—from tourism to transportation, healthcare,finance,and entertainment—you name it,she's done it. She loves the fast pace of the marketing world,and enjoys helping clients figure out ways around their challenges to help them meet 1 their goals.She loves an chance she gets to rally her team to solve g Y g Y your marketing problems. Account Management and Administration Our account team works with everyone on staff to make sure your projectls run smoothly and meet your needs. Lydia Sax 1 Director of Operations Lydia keeps the wheels on! She brings over 10 years of media buying,account management,and operations experience to the table.In addition to running the day-to-day operations of de Novo, �i she works behind the scenes with your account manager, making sure your needs are communicated to the rest of the team, F. and ensures that your campaigns and projects are running smoothly. Page 399 of 547 Alicia Anderson 1 Account Manager+Digital Strategist Alicia brings her experience with both digital and traditional to the team,and an infectious energy,too! Experienced in multiple industries,Alicia builds and deploys strategies,relying on deep industry knowledge and creativity to help clients succeed in an }`1 over-saturated world of advertising. Jennifer Shaddox/Account Manager With more than 20 years of account management experience to guide her,Jennifer knows what it takes to deliver thoughtful, effective and refreshingly creative marketing solutions.Working within your specified budget and schedule,she assembles our A- i team to produce outstanding strategies,websites,logos and more. Need some collateral?The A-Team is on it.How about new branding?Yep,they're on that too.(We don't believe in B-teams.) Ryan Shenefelt/Account Manager+Digital Strategist A digital native,Ryan builds and leads strategies that help our clients reach their goals.As an account manager,Ryan balances --" clients needs with implementation,combining creativity,strategy and innovation to bring client campaigns to life. Kelly Stapella 1 Writer+Communications Manager&Waterloo Native ICelly blends creative writing with fact-based strategy to create honest,original content that both informs and entertains. Using natural curiosity and a drive for life-long learning,she will delve into your audience,competition,strategies,and most importantly—your brand's voice.Also,need alimerick on the fly? Shes got you covered. Page 400 of 547 The Creative Team Our creative team works to make your project visually effective-while staying true to your brand. Our award-winning designers work with our team to apply their talents to your project and help you reach your goals. Rebecca Skalsky/Director of Creative Services-Design Department Becca brings home the bacon when it comes to award-winning 41 . = design. In the time she's been on our team,her work has won multiple : awards and resulted in countless happy clients.Her clean,visually striking designs bring life to your brand and entice viewers to take a closer look.An artist across many mediums,Becca brings an artistic eye to every process:branding,design work,signage,street art,and painting are just a few ways Becca brings her art to life for our clients. Chris Moore/Art Director - You may have never met our Art Director,Chris,but we bet you've seen his work.For over 20 years,Chris has helped countless area ? businesses and organizations create recognizable graphic identities,including Downtown Cedar Rapids,ImOn Communications,Lion Bridge Brewery,Short's Whiskey and the Cedar Rapids Public Library,just to name a few. Javier Ducker/Multimedia Specialist Javier,Javi—or just plain Jav—comes to de Novo with more than a decade of experience in graphic design,photography and visual storytelling.Over the course of his career,he's worked with iconic brands like Coca Cola and UNICEF across a variety of mediums, from magazines to digital ads to video.He's got a passion for editorial design and photo portraiture,but dont put Jav in abox— as our master of Mixed Media,he can do it all. Page 401 of 547 The Digital Team This powerhouse team connects creativity and logic to make your brand perform well in the digital realm and beyond.They combine perfectly created content with data to drive results, measure performance and constantly make adjustments to better inbound and outbound marketing performance. -�- Taylor Gehrls 1 Director of Data&Digital Services Taylor Gehrls brings dual experience in digital strategy and data analysis—and a track record for analyzing and interpreting data to s help clients gain insight.Data serves as our foundation for decision making at de Novo. Unwilling to shy away from the next challenge,she'll jump in to tackle any project on any platform,from visualizing volumes of appended data,to email,AdWords,and social media.When it carnes to your digital strategy,count on Taylor to deliver successful advertising campaigns that captive your audience,and engage them in a meaningful conversation about your brand. Brooke Ruckdaschel 1 Web Developer Art&Science.Left-brained/Right-brained.As a web developer, Brooke uses her educational background and expertise in design x and code to create award-winning websites that are as functional as they are beautiful.She strives to stay ahead of the technological curve in order to build and maintain sites that look current and fresh,with the underpinnings of tech to allow for customized functionality. Page 402 of 547 Mara Swenson/Web Developer As a Web Developer,she works on both the front-end and server- side to build modern,high-performing websites for our clients. Shes an advocate for accessibility in design and custom solutions for business needs,and works to anticipate changes to keep sites functioning at their best,and secure for users. Matt Browning 1 Digital Strategist Matt joined de Novo as a digital strategist after a career as a high school English teacher.If he survived that,he can do anything. Building on his intuitive knowledge of digital marketing,Matt ensures our campaigns are effective and help our clients meet their goals.On top of helping our clients engage with their audiences on social media,Matt is Google AdWords Certified,and is ablack belt in digital jujitsu. The Video Team Our team of producers and photographers work strategically to plan and capture your message and combine it with compelling visuals,voice,music and animation to tell your story in a way that resonates with your audiences. Annie Sexton-Stewart 1 Director of Creative Services-Video Department - As the head of our video department,Annie works with you to give your community,brand,or product a new life on screen with eye- N', catching imagery and compelling messaging.She's alover of visual r `11 � media and storytelling and enjoys gutting the puzzle pieces of a great video together. She's a masterful producer who excels at �N. finding the story and telling it in a compelling way. Page 403 of 547 Andrew Ravera/Video Producer Andrew is a visual artist who is committed to the highest quality capture of photo,video,and audio.He listens for the story,looks for the unique perspective,and pulls together and captures the perfect blend of footage and imagery that leaves the viewer with a great understanding of the subject.His attention to detail, commitment to excellence and to project goals is what makes his work amazing.Hes also a total geek when it comes to AV equipment.Don't get him started. PIease. Page 404 of 547 'Tie 'Think de Novo Process for Community Visioning and Planning Let's start with a couple of philosophies.First thing's first, we start with your goals. ;;; i Not the big community goals that come from the planning process(that comes later)but your goal of setting Waterloo on a path to meet the potential that lies within Iowas most diverse city. Yourgoals become ourgoals.That's how we n work. Next,it is setting the understanding that web elieve that every community has its own DNA.And that DNA is what is special about the community.If youre seeking a plan that turns you into Austin,Texas,or somewhere that isri t Waterloo,you should probably stop reading now. StO with us?Good.We think Waterloo is an amazing community and we've done the research through previous community projects that show the grit and grace this community has in its DNA.Our mission will be to find those instances,history,passion for a shared community vision of inclusive success,and map that to resources and strategies that the City of Waterloo and its community partners can make happen over the next eight years and beyond. Proposed Project Work Plan Make no mistake.this is an ambitious plan,but were ambitious people here at de Novo.Weve adapted our process to your timeline and have mapped out the planned approach. Because it's 2020.... It should be noted that all events and interviews will be designed to meet the safety standards of the community.We are prepared and experienced for a mix of in-person meetings and virtual events and will work to make access and voices equitable in all formats.We will rely heavily on the tools of digital engagement but are also willing and able to meet in-person with all precautions taken.This will be determined in our initial internal meeting and will pivot and flex as required by the times were all living in. Page 405 of 547 Inclusive Kick-Off Event with Stakeholders Starting at the beginning,meeting with your internal team to affirm timelines and deliverables,we will then move to kick off the project with identified community stakeholders.Stakeholders arerit strictly defined by who is in office,or who runs abusiness, but rather a cross-section of the community.Certainly elected officials and representatives of business and non-profit industries are a part of this initial meeting,but we also need to hear from those who represent in obvious and non-obvious ways,different segments of the community and share a passion for the community and genuinely want to work toward a collective community vision that they can see themselves and the different parts of the community they represent,as a part of In the Stakeholder Kick Off Meeting we will: 1.Begin the discussion on what each persons hopes and dreams for Waterloo look like- beginning to build a future vision. Of note,when we do survey work within a community,we expect a fair amount of negative feedback,but we also seek to find what people are passionate about,or hope to see improved upon.Our goal isn t to sugar coat anything,but we seek to find the positives among the community instead of building surveys designed only to determine what people are unhappy about. 2.Begin to get a feel for some of the ideas and projects that can help transform the community.We will be collecting these throughout the entire process and ensuring that we balance them with the level of community support for each,and the available resources over the next eight years. During this part of the process,we will also begin to categorize goals based on community partnerships and who each goal,when achieved,benefits,to ensure that we are working across the entire community. 3.Provide an overview of how we work and what our next steps will be,and how we will keep this group informed. Community Input - Sparking Ideas! In recent years we've worked with Waterloo entities to gather data and help them to articulate their mission.We'll begin with that data,as well as other data that is available,as our foundation as we see community input.Well do that in the following ways: 1.A community-wide survey designed to identify sentiment within the community(dont worry,we bring the Kleenex),but to also pull out the ideas,big and small,that exist within your own populace.Upon completion of the incentivized survey(we typically hold a drawing for participants in order to boost participation)is a link to an opportunity to share either Page 406 of 547 their"Waterloo Story"or a"Big Idea:'(Or both). • Please note,that we will work with Waterloo to provide paper and translated versions to be distributed within your various communities,as identified in our internal meetings. 2.By collecting those stories and ideas,we begin to find patterns and inspiration.Sure,we find complaints,that's the nature of this work,but we also find those elements that give us insight into the future. Traditionally,this is where we would curate those ideas and pian a"Spark Event:' Spark Events are a chance for the community to come together and share ideas.Because of the challenges of the pandemic,we propose identifying stories and ideas,and interviewing and recording them via digital channels(and in-person with precautions if needed due to barriers).We will compile these into online"Spark Videos"of up to 10 stories/ideas for the City to share and allow for voting and input,which will be ongoing as we perform our internal and external scan of resources. See our examples for the in-person Spark Event we held for North Liberty.Obviously,a virtual presentation of the ideas and stories is less than ideal-and we may be able to"screen' this for a small audience,but the output of the event will still be an important facet of community buy into the Strategic Plan. 3.The results of this work will be to identify mutual goals across the community.Some of these may be partnerships that form as a result of this work,and some of them may stand alone. Time to bring the Stakeholders back together Finally,we will meet with the initial stakeholder group to go over data,and show how certain ideas,goals and initiatives from the community input process and Spark align with the initial work,and have a discussion on how we shape those into a Strategic Plan to be achieved in the next eight years.At this point we will begin to outline the major goals in a high level format. Mapping Resources to Ideas Page 407 of 547 de Novo will perform internal and external assessments of current and projected resources and development plans,in order to gain an understanding of what exists and what is currently planned for the future,and map that to the goals for the community that will be laid out in the final Strategic Plan. This will include: ■ Reports or discussions from City department staff on current and future state/plans • Economic data compiled from local and national resources to identify strengths in industry,identified yet under-represented industries,and opportunities for new industries,as well as an assessment on how many new opportunities shouldbe in- progress or realized over the course of the eight-year plan to realize success,and how that process is actualized. ■ Compilation of current data from the City and outside organizations and groups on community issues,including but not limited to racial inequity and justice, homelessness,food insecurity,and achievement gaps,and how they relate to the stated goals of stakeholders and the community Strategic Plan - Working Title: 8 x 8 Eight by Eight] Waterloo Given that youve established an eight-year time frame for the Community Strategic Plan to be implemented and measured,we could po ten tially frame our planning work around the idea of framing eight goals that are identified through community input and assessed for fit with the community,whether they will make a measurable and desired difference,and by level of difficulty in achieving them.(This is a working title only,to show how we can frame the goals for partners and the public to easily grasp the plan's main ideas.) We anticipate that some goals,around community partnerships or expansion of current programs,plans and initiatives,will be easier to achieve,and others,such as diversifying business through a specified number of economic development projects,will be more difficult.We will work closely with City staff to ensure that goals can be achieved and that the City will be able to identify and allocate the partnerships and resources to achieve them. Potential Framework: Page 408 of 547 8 x 8 Waterloo: Eight Big Ideas in Eight Years As we frame each goal and map resources to each,we will build each goal out in a format that identifies the following: GOAL:Each of the(proposed eight)main goals for the community PARTNERS&RESPONSIBLE PARTIES:This outlines the staff,departments and partners responsible for the line item activities and the high level expectations for how each objective under the main goal will be achieved.It provides accountability and identifies the team that will be supporting each goal.Each goal will have a"champion' responsible for seeing the process through to fruition. OBJECTIVES:These are the major milestones and benchmarks that need to happen(and when)to achieve each goal. SPECIFIC AC rIVTTIES:The activities are the initially identified and agreed upon tasks that support the completion of each objective.The timeline built around these activities drives the completion of each goal. MEASUREMENT&REPORTING:The internal facing document allows for communication and completion of tasks and activities and helps the team understand whether they are on track for completion or need intervention or assistance. CELEBRATION:It is important that as main goals are completed that a built in announcement and celebration of the achievement is a part of the process and shared with the community. The internal document will be in a collaborative format,such as a shared document or a project management program. FttenW Coof the Vidon and Plan Our work will conclude with apublic facing document that easily communicates and visualizes the plan in simple and clear terms.It should convey the following: 1.A community vision statement that everyone can understand,remember and embrace 3.An easy to understand format for the strategic plan,such as a title like 8x8, or another potential slogan/name that communicates optimism and intent 3.A visually engaging format that provides top-level information on goals,time frames, partners and intended outcomes. 4.Links to resources,additional data used and the full plan Page 409 of 547 Action Items and Final Deliverables (Scope) Phase 1:Community Vision • Internal kick-off • Stakeholder kick off • Community Survey/Interviews(plus up to 5 group interviews/focus groups) • Collection of Waterloo Stories and Ideas for Spark Video(remote capture of participants -up to 10)and includes one on-site video capture of the Mayor or another spokesperson for inclusion at the beginning of the video • Production,editing,and screening of Spark Videos for public distribution on City Website • Final meeting with Stakeholders to assess direction for goal • Development of Community Vision Statement to frame Strategic Action Plan Phase 2:Strategic Action Plan • Internal and external scan of resources-included in the report appendix • Final selection of ideas and goals to be included in the Strategic Action Plan ■ Naming of Strategic Action Plan for Community and Partnership Communications(see working title example) • Development of graphic identity and name for Strategic Action Plan • Mapping of resources and partnerships to the Strategic Action Plan • Development of sub-objectives and activities,measurements and identification of involved and responsible parties for each goal identified in the plan • A final detailed Strategic Action Plan including collaborative documents for communication and tracking,benchmarks and milestones,presented to the City of Waterloo ■ A public-facing version of the document to include high-level goals and planned outcomes Additional notes: This process will lay the groundwork for abrand identity process that could potentially fallow on the heels of this venture in FY2022. Estimated Timeline: (All work to be concluded by August 31, 202 1) Page 410 of 547 Internal Kick off with City Staff,Mayor,and involved Week 1 parties Inclusive Stakeholder Kick-off meeting Week 2 Separate interviews of stakeholders or identified Week 2-3 community representatives (virtual,email,or phone) Deployment of Community Survey and data collection -as well as written surveys or phone calls with specific Weeks 4-$ individuals as needed to overcome communication barriers Collection of Spark Video components(up to 10, virtually collected.Introduction form Mayor or other Weeks 8-11 party captured) Final Feedback meeting with initial Stakeholders group,sharing of Spark Video and initial discussions on Week 14 Community Vision Statement. Public sharing of Spark Videos for community feedback-to be hosted on City Website for viewing and voting.This will be supportedby social media but Week 14-20 public input will be taken in a way that allows for respectful sharing. Phase 2 Data compilation begins(current and existing data)and internal/external scans of resources and Week 14-21 assessment begin Community Vision Statement finalized Week 10 Goal identification based on community input and to Week 10-19 support vision statement-initial mapping of resources Affirmation of community goals with City staff and Week 20 identified partners Plan elements for success identified-discussion with Assumption.This plan should be completed by August 31,2021 as long as all available interviews,events,and communications canbe committedto by Waterloo staff and stakeholders. Page 411 of 547 Budget Proposal The main project budget is inclusive of all communications,travel and supplies needed. Printing and procurement of developed items,such as the public-facing Strategic Action Plan document,are not included in this quote.Any items purchased for this project will be approved by the City of Waterloo before procurement.There willbe items for which the City will be responsible for,including but not limited to translation services,the printing of paper surveys and distribution channels,and any advertising regarding participation.We request the City or city partners assist in developing the"giveaway"that accompanies our survey process. Title/Description Cost Unit Qty Subtotal Community Vision and Strategic Action Flan $50,000.00 1 $50,000.00 Formation Phase 1:Community Vision • Internal kick-off • Stake holder kick-off • Community Survey/Interviews(plus up to 5 group interviews/focus groups) • Collection of Waterloo Stories and Ideas for Spark Video(remote capture of participants-up to 10)and includes one on-site video capture of the Mayor or another spokesperson for inclusion at the beginning of the video • Production,editing,and screening of Spark Videos for public distribution on City Website • Final meeting with Stakeholders to assess direction for goal • Development of Community Vision Statement to frame the Strategic Action Plan Phase 2:Strategic Action Plan • internal and external scan of resources-included in the report appendix ■ Final selection of ideas and goals to be included in the Strategic Action Plan • M&Trdng of Strategic Action Plan for Community and Partnership Communications(see working tide example) • Development of graphic identity and name for Strategic Action Plan • Mapping of resources and partnerships to the Strata gic Action Plan • Development of sub-objectives and activities,measurements and identification of involved and responsible parties for each goal identified in the plan • A final detailed Strategic Action Plan including collaborative documents for communication and tracking,benchmarks and milestones,presented to the City of Waterloo • Apublic-faring version of the document to include high-level goals and planned outcomes All deliverables completed by August 31,2021 Grand Total: $50,000.00 Page 412 of 547 de Novo's Experience and References de Novo is deeply experienced and specializes in community,workforce,and economic development strategies.Our approach entails the following elements: • Goal setting or affirmation • Input and collaboration from stakeholders and residents • Applied strategies to map data to goals • Validation of community data and alignment with stakeholder goals(in this case- external and internal scans) • Development of plans with milestones and benchmarks ■ Development of plan brand assets,naming and graphic identity ■ Measurement and Dashboards for monitoring Work We are EeptionaRy Proud of de Novo has taken on several projects in recent years that exemplify experience similar to the project that Waterloo is undertaking.No two projects are alike,however,our methodology and commitment to measurement and results remain the same.Below are several projects that correlate in various ways to this project: Redeveloping theCity of North Lluerty's Brand Identity/Community q1 6 North Liberty Vision Input Event (Spark) In 2019 we worked with the City of North Liberty to redevelop their visual identity,engage with their community through a survey designed to understand what community members value(and dont value)the most,generate a strong community input and dialogue mechanism around the future vision of the community,and develop key messaging and a tagline for the growing community. We activated our community input format:de Novo SparkTMEvents to bring 10 ideas from the community together in short format,high energy presentations designed to"Spark' ideas and engagement.It worked. The result?A dynamic community logo and optimistic and forward-looking brand identity, an engaged and energetic community event and data,and a system for the rollout of the community brand. Elements relevant to this project: Page 413 of 547 ■ Meetings with key stakeholders • Survey work and demographic study ■ Design and creative • Brand development and full brand standards documentation • de Novo SparkTm Event See bit.ly/sparknorthh"berty for the video shared below) • Hype video for the City and collateral • Final presentation of findings and recommendations[physically attached to this proposal] Reference:Nick Bergus Email:NBergusanorthlibertyiowa.org Al�park North ■-rty — a de Novo communitydevelop... L Watch later Share S P R 'K Watchon OYouTube Iowa Women's Foundation: Eliminating Barriers to Quality Affordable Childcare The Iowa Womeris Foundation identified,prioritized and selected the shortage of available, quality,affordable childcare as one of six barriers that impede many of Iowas women from economic self-sufficiency.After studying the issue and analyzing data from multiple sources,IWF and de Novo developed a plan to change the conversation when it comes to childcare-driving education on how it impacts our state and local economies,perpetuates systemic poverty and keeps families out of the work force.Previously,childcare was considered a family or social services issue. As aresult of our collaborative efforts: Increasing action to childcare is now seen as a critical factor in addressing our workforce gap in Iowa. Page 414 of 547 Businesses are leading alongside IWF in conversations on how to increase access for their own employees through a variety of solutions that we developed. More than 33 communities undertook action plans based on our"Building Community Solutions Toolkit"which was developed to provide six solutions to the childcare shortage and for communities to prioritize the best solutions and begin making progress. Pre-pandemic,the Iowa Womens Foundation had successfully aided in the creation of partnerships and additional openings of centers across Iowa.Work was being done at the state level to provide incentives for public-private partnerships,and business organizations across the state began talking about childcare as an essential part of benefits packages for employees,and collaborations were occurring to spur entrepreneurial activities to promote the opening and availability of additional childcare"slots'in under served communities. Currently,we are working with the Foundation to help support the childcare industry survive through advocacy and collaboration. Relevant elements of this project: • Data analysis and development of Community Toolkits to provide roadmaps for each Iowa Community(attached-physical copy) • Data visualization through info graphics and animation • Benchmarking • Targeted social media campaigns • Message development and testing • Design and deployment of collateral(print,digital,video) Reference:Dawn Wiand Email:Dawn@iawf.org The video below may be found at:youtu.belhVlff2N5OjI Page 415 of 547 _ L r r _. fe ha� �a ewna iiia Y L� Experience Waterloo Working together with the staff of the former Waterloo Convention and Visitor's Bureau,we first sought to understand what is valuable to area residents about Waterloo and understand some of the barriers to visitors.Through survey work,a E x P E R I E H C E kick-o€€session,stakeholder interviews,and data waterloo compilation,we helped the organization to redefine itself and align with their organizational goals. While the end result of this project was a new name,logo,and identity for the organization,it launched anew era based on technology,audience reach,optimism and inclusion in messaging,and a focus on the assets of the community. See physical attachment of planning documents. Reference:Tavis Hall Email:Tavis@experiencewaterloo.com Page 416 of 547 Additional References: Tara Thomas Waterloo Schools rebrand and community input/planning ThomasT[waterloo scho ols.org Chris Nosbich:Mt.Vernon City Administrator Community Center Launch,planning and naming cnosbischocityofmtvernon-ia.gov Kristie Wetjen:Williamsburg Chamber of Commerce Rebranding and development of tagline,City of Willimansburg kriswetj en@gmail.c o m Page 417 of 547 ATTACHMENT A:This attachment is to specify that de Novo Marketing carries all standard insurance policies required by state and municipal entities,and will provide a Certificate of Insurance with waterloo-iowa.org as the named party if de Novo is selected as either a candidate or final consultant selection.Attached is a sample certificate. r� DEMOVOO-01 DSHADLE ACORf] CERTIFICATE OF LIABILITY INSURANCE °""'6O°°"V71 �� 7t1�Cl02t} TITS CERTFICIITE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NORIGFTfS UPON THE CERTWICATE HOLDER.THIS CERTIFICATE DOES HOT AFFIReIATWELY OR NEGATTVELY ANIE?D, DCTEM OR ALTER THE COVERAGE AFFORDED RYTHEPC><JCES BILLOW- THIS CU MFICATF OF INSURANCE DOES HOT COICITTUTE A CONTRACT BETWEM THE ISSUING TNSURER[S�AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERWICATE HOLDER- IMPORTANT: OLDERIMPORTANT: [UW Cart1M"hr1KW IS811 ADDITIONAL IIS W",ft pollCytlae)mint 112"ADDITIONAL INSURED Pfo1R6NOns Or CIA erKw"d U SUBROGATION IS W NVED. aub)ect to the Illrenb wW oanillolr of Ow policy,certain pollelee may require an eMmement a"soi stet on tree cKWIcats was not confer rVn to to the cartholder hl 666 of NICU wooraern e. *Wwuetw t ACI 7116 A"c�r�pt�C LLC ""�"° 319 352-2880 1 3"19 1�h•71y9",IA M77C -Cern MOMMA RCE Fire U,, rMfl,, ^.s CO 207020 e+kamo mwwen a Ace ProwlY&Cas4AAV CO 208990 Ds Now AlternstrvB trlarneting LLC Chubb kabonal Insurarioe 10052 325 10x1 AYa SE Ste 2O6 INSURRA CI1 W RapkW IA$2101 - 1ManRr11 e Iwa1111eA T COVERAGES CERTIFICATE NUMBER: REVISNOIN NLAI FWR THIS E TD CERTIFY THAT THE PCUCEB OF INSURANCE LISTED BELGA MADE BEEN ISSN.Z^-f7 TIE WSLOWD k+WED ABC,_=-a THE POLICY PERIOD 04)I,ATED NOTwrn46TANWM6 ANY REIXHRa1EWT.TETLM OR CONOMDN o-.AW CL TR4=T OR OTHER DO L%IE T WITY,-ESPECT TO W4C.1I TINS CERTFICATE WAY BE ISSUED OR MAY PERT P.R.TE INSURANCE AFFORDED B"T}{ PC-Ur.,=- -,RSLREED NEFWN 10 5516 ECT TO ALL THE TERMS. 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AN rirts reserved- The ACORD name and logo era registered marks of ACORD Page 418 of 547 Terms and Agreement Thank you again for requesting this quote for services.Below is our standard contract including information on our non-disclosure policy,and artistic rights(you own them),to the material we collect on your behalf.It's a lot of yadda yadda yaddabut you should read it.It makes our attorney feel validated. Assumptions and Agree=nents This Consulting Agreement(the"Agreement")is entered into by The City of Waterloo(the "Company"or"Client")and de Novo Marketing,LLC(de Novo),as of the date of acceptance and through the end of the agreed-upon timeline in the proposal.In consideration of the mutual promises,terms,and conditions stated below the parties agree as follows: Terms 1.Provision of Services.The City of Waterloo engages de Novo to provide,and de Novo agrees to provide,the previously listed consulting/services as outline in the scope of your project. 2.Compensation.In consideration of de Novds Services,Company agrees to pay de Novo as follows:Monthly agreements will be billed at the beginning of each month for the prior month unless otherwise specified,and will be divided into monthly payments for the scheduled duration of this project.Out of scope services will be billed monthly. 3. Payment is set at Net 45 days.If approved in advance in writing by The City of Waterloo,de Novo will also be reimbursed for out of pocket expenses incurred in performing the Services.A 15%late payment finance charge will be assessed for overdue invoices past 60 days unless a prior payment schedule is agreed upon. 4.Term.This Agreement will begin on the date of acceptance or on an otherwise mutually agreed upon date.In addition,The City of Waterloo may terminate this Agreement upon 30 days written notice to de Novo.In the event of any such termination,de Novo shall be compensated pro-rata for compensation and expenses incurred,in accordance with Section 2,with respect to Services performed through the effective date of termination,but will not be entitled to any additional compensation. S.Markups and Commission.de Novo charges an industry-standard mark up of 25%on costs,purchases,or placements that are incurred on the client's behalf and purchased through de Novo.Commissions may be received from media companies and will be in lieu of mark up.These items are pre-approved and will be invoiced on regular or progress invoices.They are generally invoiced upon occurrence but may be billed or pre-billed in a monthly statement or on a progress basis. 6.Confidential Information and Inventions.If requested,de Novo agrees to simultaneously sign a Confidentiality Agreement and Consultant Invention Assignment Agreement.The obligations under these agreements shall survive termination of this Agreement for any reason. Page 419 of 547 7.Artistic Rights.Any materials collected or created on behalf of The City of Waterloo may be requested by Company at any point.If materials are requested after the project is completed,a fee may be assessed.Any materials collected on the client's behalf that are requested after one year of inactivity or no contracted projects will be assessed a $200 retrieval fee. $.Out of Scope Work If work is requested outside the scope of this quote,de Novo will provide a project estimate for approval by the City of Waterloo before additional work is incurred or billed. 9.Stalled Projects.If The City of Waterloo is unresponsive to requests for approvals or delays work,de Novo reserves the right to change the project status to"inactive'after a period of one month past the last requested revision feedback deadline.A re-activation fee of$200 will be assessed to reactivate inactive projects. 10.Non-Solicitation.During the term of this Agreement,and for a period of one year afterward,de Novo will not directly or indirectly solicit for employment,employ, consult with,or otherwise retain the services of any of the Company`s employees. Likewise,The City of Waterloo will not directly or indirectly solicit for employment, consult with,or otherwise retain the services of any de Novo Marketing employees or sub-contractors for the same period. 11.Independent Contractor.de Novo's relationship with The City of Waterloo is that of an independent contractor.This Agreement is not intended to create an employer- employee relationship.The compensation stated above is the sole compensation due to de Novo for the Services provided.de Novo is responsible for paying all taxes levied on the compensation income and understands that The City of Waterloo will not withhold any amounts for payment of payroll or related taxes from de Novo's compensation.de Novo shall have no right to represent or bind the Company to third parties or to act in the Company's name without permission. 12.Non-disclosure Agreement.During the term of this agreement and in perpetuity following termination,de Novo Marketing will not share or disclose private or proprietary information,or use any intellectual property belonging to the company in any way.This extends to mailing lists,memberships,imagery,and software/software access. 13.Electronic Signatures.This Agreement and any written notice,consent,agreement,or document provided for in this Agreement shall be deemed signed if the persons name is placed on the document whether by manual signature,electronic transmission,or facsimile transmission by the person.By sending this document,de Novo Marketing has agreed to all terms contained within. 14.Other Provisions.This Agreement embodies the entire understanding between the parties with regard to its subject matter and replaces all prior agreements.This agreement may not be assigned or modified without the written consent of both parties.This agreement is governed by the law of the state of Iowa,without regard to its conflict of law principles.Any notice to either party may be sent by email,United States Mail or expedited delivery service. Page 420 of 547 This agreement will be governed by the laws of Iowa.You may accept this agreement by clicking"Accept"at the top of the browser window. Signed: Countersigned: Printed name: Printed name: Title: Title: Date: Date: Page 421 of 547 City of Waterloo, Iowa Request for Qualifications 2030 VISION PLAN Requested by: Wendy Bowman, Communications Director on behalf of Mayor Quentin Hart DESCRIPTION The City of Waterloo, Iowa is looking for proposals from qualified consultants to contract for consulting services to guide a Community Vision and Strategic Action Plan process for the City. Consultants are invited to submit a proposal, which includes an outline of their experience and qualifications in performing work directly related to the services required. The consultant will propose a work plan to develop a Community Vision through representative public involvement and participation, articulating the community identifiers reinforcing pride points for residents and business alike. The Community Vision should understand the whole community, reflect core community values, address emerging trends and issues, imagine a preferred future, and promote local action. The vision findings of this exercise will then be prioritized and added to a Strategic Action Plan. The intent of the Strategic Plan is to help the City direct its efforts and resources toward a defined vision for the future. The plan should include benchmarks or milestones that measure the City's progress along the way. The City needs to adopt a plan that the community accepts.The process should include both active and passive involvement ensuring diverse and extensive community participation. 8.25.2020 Page 422 of 547 The process should address and provide direction/goals on the following issues: Community Vision • Determine where the City is now and help Waterloo decide what it wants to be in the future. This should take into account what makes Waterloo unique and special, and how the City can use these characteristics to prepare for the future. • Determine a community accepted brand or identity slogan for promotion and direction. • Provide a process that allows general alignment and focus of the City Council, City administration, and staff, with the residents, business interests, community groups, and local organizations. • Recognize economic development potential and ways to diversify the local economy • Identify and analyze potential partnerships with other entities; (such as public/public, public/private). Strategic Action Plan • Transform the conceptual goals from the visioning process into realistic, achievable targets. • Evaluate existing and future public infrastructure and maintenance; priorities, phasing; help identify how city resources should be allocated and how to ensure existing infrastructure is maintained and future infrastructure is responsibly planned. • Plan for fiscal sustainability. 8.25.2020 Page 423 of 547 SCOPE OF SERVICES The proposed scope of services must include at a minimum, the following items. The successful candidate will be able to Phase 1 — Community Vision Facilitate a Community Visioning process consisting of public meetings,focus-group sessions, open houses, surveys and other outreach forums.These gatherings would result in the submission of a multitude of suggestions from diverse members of the Waterloo community.The desired outcome is a community vision entailing guiding goals, each with specific visioning targets that could serve as a framework for the strategic planning process, and direction for a brand or identity. This should be accompanied with a public involvement program that engages the community in the process as well as provides future public involvement forums to keep the community in the loop as we meet and change goals. Phase 2 — Strategic Action Plan Incorporate the targets and ideas from Phase 1 into a strategic Action Plan. Conduct an internal and external scan, i.e., looking at or reviewing,the community's resources, strengths and assets in light of trends and influences affecting the community. Internal scan would include an inventory of community resources, e.g., city resources and finances, people, health, education, business and job opportunities, housing, art and culture, leisure, recreation and entertainment, and geography. External scan would look at what is happening outside of the community on a local, regional and national level that may affect a community, e.g., demographics, economy and lifestyle trends. • Describe the overall strategy and identify key challenges and opportunities. • Develop an action plan and establish implementation steps and schedule. • Establish benchmarks or milestones that measure the City's progress throughout the Strategic Planning process. COMMUNICATION Requests for additional information or documents from the City in order to respond to the RFP must be received in writing no later than September 15, 2020. All information and documents provided by the City will be posted on the City's website at www.cityofwaterlooiowa.com/community-vision. Any oral communications will be considered unofficial and non-binding on the City. 8.25.2020 Page 424 of 547 PROCESS AND TIMELINE FOR SELECTION A consultant selection committee will review the proposals. The committee may select prospective consultants for further consideration or may directly select and negotiate for a scope of service with the leading candidate. If more than one consultant is considered, then interviews may be conducted or additional information requested. September 30, 2020 - Deadline for RFP Submittal Submittals must be received at City Hall, located at 715 Mulberry St, Waterloo, Iowa, 50703 by the above deadline. Submittals shall be marked to the attention of Wendy Bowman, Communications Director. Digital proposals may be submitted via e-mail to Wendy.Bowman@waterloo-ia.org, but the city assumes no responsibility for formatting or transmission errors. October 5-16— Review and selection of candidates The evaluation team will select candidate(s) from submittals received. This process will include review of submittals, references, and other information as necessary. The City may conduct interviews with potential candidates if applicable. In making this selection, the City reserves the right to request from any responding entity to clarify its proposal or to supply any additional material deemed necessary to assist in the evaluation of the proposal within the timeline requested by the City. October 19 — November 2 - Negotiation of contract The City will attempt to negotiate a satisfactory contract with a preferred candidate. If the City determines, at its sole discretion, that the negotiation is not proceeding satisfactorily, the City may terminate negotiation with the preferred candidate and begin negotiation with another candidate. 8.25.2020 Page 425 of 547 SUBMITTAL REQUIREMENTS To be considered, interested parties must submit by the deadline five (5) copies (at least one that is unbound and photo copy ready) and one electronic copy on CD or jump drive of a proposal package that includes the following: • Letter of interest— must be no more than two pages in length and include contact information and signature. • Summary of qualifications, experience and availability. It should summarize qualifications, relevant experience, and availability to participate in the RFP process, and provide services to the City. It should also identify key staff members who will be participating. • Project team resume and portfolio—to include current resume of project team members, and references. • Proposed approach to the process, including a proposed schedule and description of proposed public involvement. • Proposed budget -The city will consider proposals up to a maximum cost of$50,000. A full description of the expected costs for the work described in the RFP phases 1 and 2 must be provided. Costs for all project tasks must be total and inclusive (e.g. estimated hours/total costs for consultant fees, preparation of deliverables, printing, travel expenses, etc.). Actual compensation is subject to contract negotiation. • List of professional references—listing most recent professional references and their contact information. • A minimum of three examples of relevant written work related to Visioning and Strategic Planning: at least one of which will represent a strategic plan prepared on behalf of a City or comparable entity. • Ability to meet the City's insurance requirement for minimum amounts of insurance as provided in the City's proposed contract attached to this RFP as Attachment "A". Naming of references is considered permission to contact the reference. The City may contact outside individuals, whether offered as reference or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. 8.25.2020 Page 426 of 547 EVALUATION CRITERIA Responses will be evaluated by the City as set forth immediately below: 1. Completed Letter of Interest 2. Business agency and history, including qualifications. 3. Experience and qualifications of the employees assigned to this project. 4. Samples of work. 5. Letters of recommendation. 6. Ability to meet proposed schedule. 7. Proposed fees, prices, and/or costs. The City reserves the right to utilize new or revised evaluation criteria at its sole discretion. The City reserves the right to award the contract to the responding entity which best meets the needs and interests of the City or to reject all responses as provided below. CONTRACT The City's proposed contract and all other terms and conditions can be viewed in the full RFP posted on our website at http://www.CitvofWaterloolowa.com/community-vision. 8.25.2020 Page 427 of 547 Waterloo 2030 Vision & Strategic Plan Consultant Selection Process Review Process TIMELINE Three proposals met the criteria of the RFP provided outstanding 3.2.2020 Council Action $50,000 for Vision Plan credentials and proposals. ■ Courier Article After personal review, committee discussion and SWOT analysis, all 8.25.2020—RFQ three received equal support from ■ RFQ Documents the committee. 9.30.2020- Proposals Deadline An additional score card narrowed the field to two candidates. 10.15.2020-Committee Chairs Appointed by Mayor Hart Additional information was ■ Tim Hurley requested from these two ■ Sherman Wise candidates. ■ City Staff— Noel Anderson, Felicia Smith, Wendy Bowman After consideration of the additional 10.14—10.23.2020- Review Process information and the recommendations of the ■ SWAT committee, Mayor Hart ■ Scoring worksheet recommends DENOVO of Cedar 11.2—10.18.2020- Further Inquiries Rapids to be contracted to provide consulting services to work with the ■ Additional information requested from 2 candidates community to create a 2030 Vision and Strategic Plan. 12.14.2020 Council Action ■ Consultant Named CITY OF WATERLOO Council Communication Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel-motel mini grant applications for the Iowa Boys/Girls State Bowling Tournament, in the amount of$3,000 and the Cedar Valley Invitational Collegiate Bowling Tournament, in the amount of$1,000. City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ Council Communication Backup Material ❑ Council Communication Backup Material Resolution approving the Convention and Visitors Bureau Board recommendations for funding a hotel-motel mini grant applications for SUBJECT: the Iowa Boys/Girls State Bowling Tournament, in the amount of$3,000 and the Cedar Valley Invitational Collegiate Bowling Tournament, in the amount of$1,000. Submitted by: Submitted By: Tavis HaIL Executive Director, Experience Waterloo Recommended Action: Approve request. The funds awarded will be used to help secure this annual event in Waterloo, making Waterloo the permanent location for the Boys/Girls High School State Bowling Finals for years to come. Economic impact is projected at $500,418. Sunanary Statement: This event is hosted by Hawkeye Community College and Wartburg College. Cadillac XBC are applying directly for$1,000 to offset expenses of the Invitational Collegiate bowling tournament given COVID-19 restrictions from the state of Iowa and Black Hawk County. Economic impact is projected at$104,276. Expenditure Required: $4,000.00 Source of Funds: Hotel-motel tax grant funding for FY21 Page 429 of 547 Council Communication City Council Meeting: January 26, 2021 Date Prepared: January 14, 2021 Dept. Head Signature: Number of Attachments: 1 Subject: Hotel/Motel Tax Mini-Grant Recommendation Submitted by: Tavis Hall, Experience Waterloo Applicant: Cadillac XBC Event: Iowa Boys/Girls State Bowling Tournament Location: Cadillac XBC Dates: 2/21/2021-2/24/2021 Summary: This is a new request for this event in Waterloo. The funds awarded will be used to help secure this annual event in Waterloo, making Waterloo the permanent location for the High School State Finals for years to come. Attendance: 900 participants / 0 spectators (COVID-19 regulations) / 900 total Projected room nights: A total of 700 total hotel nights are anticipated, which is conservative given the travel requirements for this tournament. Start-times have been established in a way that will require most teams to stay overnight. In future years, with COVID behind us, we will likely see more spectators (family & friends) coming up to watch, helping drive even more economic impact to the area. Room night impact: Any room is an impactful room right now. But in February, this event promises to be a big event for Waterloo for years to come. Projected economic impact: Economic impact is projected at $500,418 Request: $3,000 ROI (Economic impact based on requested funds): The request of $3,000 would yield a return of $166.81 per dollar requested. Notes regarding funds: Without these funds, Cadillac XBC would not be able to offset costs of hosting the event and would not seek additional years of hosting. Use of funds: 100% of costs will be used for facility costs (offset fixed and labor costs associated with operating the tournament). Application quality (was it clear, complete, well thought-out): The application is very clear. In addition, the hotel data collected by the tournament and the follow-up information is always thorough and prompt. Page 430 of 547 Event Impact Summary Destination: Waterloo Convention &Visitors Bureau Event Parameters Key Results Event Name: Iowa State Boys/Girls State Tournament Business Sales (Direct): $317,721 - Bowling Organization: Cadillac XBC Business Sales (Total): $500,418 Event Type: Convention Jobs Supported (Direct): 119 Start Date: 2/21/2021 Jobs Supported (Total): 139 End Date: 2/24/2021 Local Taxes (Total): $6,693 Overnight Attendees: 900 Net Direct Tax ROI: $6,099 Day Attendees: 0 Estimated Room Demand: 700 Direct Business Sales Sales by Source Sales by Sector $250.000 Trans. $200.000 Space Rental $150.000 ' Retail ■ Recreation $100.000 Lodging $50.000 Business Serrices $0 Ait=��aas C,g99 z'-' Ex9 o to's �, �;.;;; ��;.,,, x•,.,,, ��;.;;; � � �;.;;; Industry Attendees Organizer Exhibitor Total Lodging $52,511 $4,354 $0 $56,865 Transportation $32,649 $1,451 $8,709 $42,809 Food & Beverage $87,690 $0 $18,317 $106,007 Retail $25,948 $0 $0 $25,948 Recreation $16,648 $0 $0 $16,648 Space Rental $0 $0 $5,051 $5,051 Business Services $0 $40,937 $23,455 $64,393 TOTAL $215,446 $46,743 $55,532 $317,721 Page 431 of 547 Council Communication City Council Meeting: January 26, 2021 Date Prepared: January 14, 2021 Dept. Head Signature: Number of Attachments: 1 Subject: Hotel/Motel Tax Mini-Grant Recommendation Submitted by: Tavis Hall, Experience Waterloo Applicant: Cadillac XBC Event: Cedar Valley Invitational Collegiate Bowling Tournament Location: Cadillac XBC Dates: 2/13/2021-2/14/2021 Summary: This is a new request for this event in Waterloo. This event is hosted by Hawkeye Community College & Wartburg College. Cadillac XBC are applying directly for$1,000 to offset expenses of the tournament given COVID-19 restrictions from the state of Iowa and Black Hawk County. Attendance: 350 participants (conservatively) / 0 spectators (COVID-19 regulations) Projected room nights: A total of 151 total hotel nights are anticipated, which is conservative given the travel requirements for this tournament. Start-times have been established in a way that will require most teams to stay overnight. Room night impact: Any room is an impactful room right now. February is a tough month for hotels under traditional conditions. Projected economic impact: Economic impact is projected at $104,276 Request: $1,000 ROI (Economic impact based on requested funds): The request of $1,000 would yield a return of $104.28 per dollar requested. Notes regarding funds: Without these funds, Cadillac XBC would not be able to offset costs of hosting the event. Use of funds: 100% of costs will be used for facility costs (offset fixed and labor costs associated with operating the tournament). Page 432 of 547 Event Impact Summary Destination: Waterloo Convention &Visitors Bureau Event Parameters Key Results Event Name: Cedar Valley Collegiate Bowling Business Sales (Direct): $66,235 Tournament Organization: Cadillac XBC Business Sales (Total): $104,276 Event Type: Convention Jobs Supported (Direct): 50 Start Date: 2/13/2021 Jobs Supported (Total): 58 End Date: 2/14/2021 Local Taxes (Total): $1,431 Overnight Attendees: 350 Net Direct Tax ROI: $1,308 Day Attendees: 0 Estimated Room Demand: 151 Direct Business Sales Sales by Source Sales by Sector Trans. $40.000 Space Rental Retail $30.000 Recreation $20.000 Lodging $10.000 Business Services $0 4tt3 yj33; 3'3a r =_' Ex, o--os 5v 55.vvv 51 v.vvv 515.vvv 52v.vvv 525.vvv Industry Attendees Organizer Exhibitor Total Lodging $11,296 $847 $0 $12,143 Transportation $7,024 $282 $1,693 $8,999 Food & Beverage $18,864 $0 $3,562 $22,426 Retail $5,582 $0 $0 $5,582 Recreation $3,581 $0 $0 $3,581 Space Rental $0 $0 $982 $982 Business Services $0 $7,960 $4,561 $12,521 TOTAL $46,348 $9,089 $10,798 $66,235 Page 433 of 547 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed $22,860, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/14/2021 ATTACHMENTS: Description Type Cont 1015_Terracon_Soil Delineation & Bedrock Tier Backup Material 2 Report Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed SUBJECT: $22,860, in conjunction with the FY 2020 Courtland. Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizingthe e Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Proposal is to conduct soil delineation and Bedrock Tier 2 Report activities. Summary Statement: Necessary due to discovery of an underground tank and necessary evaluation and removal. See attached agreement for Scope of Services. Expenditure Required: $22,860.00 Source of Funds: BCRLF Downtown TIF During the construction of the new trail and enhancements in front of the Sportsplex, the contractor found and intact 10'x4' buried tank. Under State Background Information: law, these tanks must be abandoned properly. This agreement with Terracon will provide for testing services, hiring a specialized contractor to remove and dispose of the tank and file all necessary paperwork with the State of Iowa. Page 434 of 547 Irerracon January 6, 2021 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Matt Schindel P: (319) 291-4312 E: Matt.SchindelQWaterloo-la.org Re: Proposal for Soil Delineation and Bedrock Tier 2 Report City ROW 300 Jefferson Street, Waterloo, Iowa Registration No. 202000033 LUST No. 9LTS91 Terracon Proposal No. P13207110 Dear Mr. Schindel: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to conduct soil delineation and Bedrock Tier 2 Report activities at the referenced site. Terracon has conducted thousands of environmental service projects across the country including the State of Iowa. In addition, Terracon has extensive experience performing geotechnical and construction testing services. For more detailed information on all of Terracon's services please visit our web site at www.terracon.com. An outline of the project, Terracon's scope of services, including schedule and compensation are provided in the following sections 1.0 PROJECT INFORMATION The Iowa Department of Natural Resources (IDNR) received the Underground Storage Tank Closure Report for the site on December 3, 2020 and provided a letter to the City of Waterloo on December 17, 2020. The closure report indicates that petroleum contamination above action limits established by IDNR were found at the site. IDNR request a Tier 1 report be prepared for the site. However, due to shallow bedrock and elevated soil concentrations a Tier 2 will be required for the site. The initial step in conducting the bedrock assessment is to define the area of soil impacts that exceed IDNR Tier 1 levels. The IDNR bedrock guidance does not allow monitoring well installation within 50 feet of the soil plume(s)to prevent the creation of a preferential pathway that would allow for soil contamination to enter the bedrock. However, if soil contamination that exceeds IDNR Tier 1 levels is removed or remediated below Tier 1 levels, well installation can proceed at the source areas (pump islands, UST basin, etc.). Terracon recommends that the soil Terracon Consultants Inc., 3105 Capital Way,Suite 5 Cedar Falls,IA 50613 P 319 277 4016 F 319 277 4320 terracon.com Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 impacts be defined in order to determine boundaries for an excavation to remove the soil contamination. Once the soil is excavated, the Tier 2 activities can proceed. This proposal presents the estimated fees for soil delineation at the site utilizing a Geoprobe® drilling rig to maximize efforts for sufficient delineation activities. Soil sampling at potential monitoring well locations will also be conducted to maximize onsite efforts and aid in delineation. 2.0 SCOPE OF SERVICES Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free®safety culture, Terracon will update our safety plan for use by our personnel during field services. Prior to commencement of on-site activities, Terracon will hold a meeting to review health and safety needs for this specific project. At this time, we anticipate performing fieldwork in a United States Environmental Protection Agency (USEPA) Level D work uniform consisting of hard hats, safety glasses, protective gloves, and steel-toed boots. It may become necessary to upgrade this level of protection, at additional cost, during sampling activities in the event that petroleum or chemical constituents are encountered in soils or groundwater that present an increased risk for personal exposure. The following scope of services presents Terracon's recommendations to delineate the soil contamination at the site and to complete the Bedrock Tier 2 Report utilizing IDNR guidance for bedrock sites. 2.1 Soil Delineation Due to proposed boring locations in the right of way, Terracon has included a site mobilization for boring layout and a joint meet with utility locators. Terracon will request municipal utility locations through Iowa One-Call. Onsite and private utilities will be provided by the client unless otherwise directed. If a private locate is necessary, these services will be provided on a time and material basis. Based on available information and the UST Closure Report, Terracon assumes product piping and product dispenser borings will not be required. Borings will be installed at locations to define the potential soil impacts and at the IDNR required locations. Proposed boring locations will be at four locations surrounding the former UST on City property. The actual number and location of borings will be dictated by field observations and Certified Groundwater Professional (CGP)discretion. Soil cuttings will be thin spread onsite. The borings will be continuously logged and field screened with a photoionization detector (PID) in one-foot intervals per IDNR guidance. The borings will be Recnnncive Recnurrefid Relinhle Page 436 of 547 Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 advanced until PID readings are less than 10 parts per million (ppm)or to the depth of bedrock. Terracon anticipates that the borings will not extend deeper than 10 feet below ground surface (bgs); the anticipated depth to bedrock. Observations of the type of bedrock will be documented. If applicable, groundwater observations will also be documented during the boring installations. Discrete soil samples will be collected from the borings for laboratory analysis from the interval of highest PID reading. If PID readings are 0 ppm, samples will be collected at the interval of visual/olfactory impacts, the soil/bedrock interface, or the interval selected by the CGP. Terracon estimates that nine samples will be submitted for analysis. The actual number of samples will be dictated by field observations and CGP discretion. The samples will be collected in laboratory provided containers and submitted on ice to a State of Iowa certified laboratory under standard chain of custody protocols for analysis of benzene, toluene, ethylbenzene, and xylenes (BTEX) by Iowa Method OA-1 and total extractable hydrocarbons (TEH) by Iowa Method OA-2. Analysis of methyl-tert butyl ether(MTBE) in soil is not required by IDNR guidance. A letter summary report documenting the field activities and sample results will be prepared for submittal. The report will also include maps documenting the boring locations and areas of impacts, observations of bedrock, borings logs, laboratory analytical reports, tabled results, and recommendations of excavation activities, if applicable. 2.2 Tier 2 Activities Up to five monitoring wells are proposed to be installed to fulfill IDNR guidance requirements. The locations will be based on the results of the soil delineation and review of potential receptors and receptor boundaries. Terracon anticipates that the configuration of the wells will fulfill IDNR requirements at source locations and to delineate the soil and groundwater impacts. However, field observations and/or laboratory results may indicate that additional wells could be needed. The wells will be advanced according to IDNR guidance by logging and field screening soil cores continuously in one-foot intervals using a PID. The wells will be advanced approximately 5 feet into the observed groundwater table or until field screening results are less than 10 ppm. We expect this depth not to exceed approximately 20 feet bgs based on previously reported water levels in the vicinity of the site. If drilling in excess of 20 feet bgs or if upgraded bedrock drilling procedures are necessary, additional charges will be incurred. Responsive■ Resourceful ■ Reliable Page 437 of 547 Soil Delineation and Bedrock Tier 2 Report Proposal City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 The wells will be constructed according to IDNR guidance to intersect the groundwater table based on drilling observations and previously reported water levels in the vicinity of the site. The wells will be developed, top of casing and ground surface elevations will be surveyed to a known benchmark, and groundwater level measurements will be obtained. Purged groundwater will be thin spread onsite. Groundwater samples will be collected from the wells according to IDNR guidance after water level measurement and purging at least three well volumes. As part of Quality Assurance/Quality Control (QA/QC) protocols, we will obtain duplicate samples equivalent to ten percent of the total samples, one trip blank sample, and potentially one equipment blank sample if disposable supplies are not used. Purged groundwater will be thin spread onsite. The groundwater samples will be collected in laboratory provided containers and submitted to a certified lab under standard chain of custody protocols for analysis of BTEX and MTBE by Iowa Method OA-1 and TEH by Iowa Method OA-2. Terracon will conduct a survey for active, abandoned, and plugged private water wells within 1,000 feet of the site and public supply wells within one mile of the site utilizing the IDNR Facility Explorer and GEOSAM Databases, City of Waterloo, Black Hawk County Health Department, and a 300-feet onsite pedestrian reconnaissance. Terracon will attempt to identify both drinking water wells and other use water wells within required radii. Terracon will conduct a supplemental risk-based receptor survey to identify surface water bodies, water lines, sanitary sewers, basements, and other enclosed/confined spaces within the site vicinity. An explosive vapor survey will also be conducted to determine if combustible gases exceed 10% of the Lower Explosive Limit (LEL) at enclosed/confined spaces in the vicinity of the site. Terracon will conduct slug tests on three monitoring wells with geology representative of the site to calculate the hydraulic conductivity using the Bouwer/Rice method. The bedrock nature of the site assumes a protected groundwater source; however, the actual conductivity value for the site will be applied according to IDNR guidance. Terracon will complete a Tier 2 Report based on the sample results and identified pathways using IDNR software/application and guidance. The report will also include a recommendation of bedrock classification, site classification, and if corrective action or additional monitoring is required. If applicable, results of the excavation will be included in the Tier 2 assessment. Responsive■ Resourceful ■ Reliable Page 438 of 547 Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 Additional Services Beyond Base Services The scope of this proposal is based upon IDNR guidance, documentation of the UST Closure Report, and the preliminarily available data. Documentation and sample data from the UST Closure Report and Soil Delineation will be incorporated into the Tier 2 Report. Fees for the above services are listed in Table 1 and are based on mobilization from Terracon's Cedar Falls, Iowa office. Four mobilizations are assumed to complete boring layout/public utility joint meet, the soil delineation, monitoring well installation, and groundwater sampling per IDNR guidance. Please note that the table is not all-inclusive. If, as a result of these services, additional work is required outside the scope of this proposal and beyond those outlined in the Table 1, you will be contacted, and upon request, proposed costs for additional work will be provided. Client authorization will be obtained prior to commencement of additional work outside the scope of this proposal. 2.3 Schedule Services will be initiated upon receipt of the written notice to proceed. In order to comply with the proposed schedule, the following items are required to be provided by the client at the time of notification to proceed in order to meet the client's required project completion date. Please include the following requested items along with the notification to proceed: Right of entry to conduct the field services. Notification of restrictions or special requirements (such as safety) regarding accessing the site. Locations of any buried tanks or other subsurface structures, including site service utilities, known to exist in the area. A signed Supplement to Agreement for Services (Agreement) evidencing acceptance of this scope of services. 2.4 Scope and Report Limitations The fees on Table 1 assume that boring locations are accessible by truck/track mounted equipment. Auger cuttings and purged groundwater will be thin spread on site unless otherwise requested by the client. The auger cuttings and purged groundwater can be containerized and disposed of at a permitted facility at additional cost if requested by the City of Waterloo. Since the scope of work is being performed for the City of Waterloo ROW permitting fees have not been included, if necessary the cost will be billed to the City of Waterloo. The findings and conclusions presented in the final report will be based on the site's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant Responsive■ Resourceful ■ Reliable 5 Page 439 of 547 Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 database or third-party information or regulatory agency information used in the compilation of reports. This evaluation will make use of Iowa-specific risk-based corrective action (RBCA) protocols to evaluate the nature of adverse environmental impact associated with the identified chemical release under 1996 changes to Iowa Administrative Code 45513, Chapter 135. The evaluation does not constitute a complete risk assessment consistent with the definitions and protocols of CERCLA. The client should recognize that no guarantee can be made that the RBCA evaluation will result in either a no action or reduced remedial recommendation. The limitations herein must be considered when the user of this report formulates opinions as to risks associated with the site. No warranties, express or implied, are intended or made. 3.0 COMPENSATION Fees for services specific to this site are$22,860 and are detailed in the attached Table 1. Interim invoices will be submitted regularly and are due upon receipt. Invoices will reflect the units performed in accordance with the above discussion and expressed in Table 1. If, as a result of these services, additional work is required outside the scope of this proposal, you will be contacted, and upon request, proposed costs for additional work will be provided. Client authorization will be obtained prior to commencement of additional work outside the scope of this proposal. 4.0 AUTHORIZATION This proposal may be accepted by executing the attached Agreement for Services and returning one copy to Terracon. Services will be initiated upon receipt of the written notice to proceed. The terms, conditions and limitations stated in the Agreement, and sections of this proposal incorporated therein, shall constitute the exclusive terms and conditions and services to be performed for this project. This proposal is valid only if authorized within 90 days from the proposal date. -:ive -cefiil Reli- 6 Page 440 of 547 Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 We appreciate the opportunity to provide this proposal and look forward to working with the City of Waterloo on this project. If you have questions or comments regarding this proposal, please contact either of the undersigned. Sincerely, Terracon Consultants, Inc. Dave C. Cleary, REM eie aM. Nelson, REM, CGP Environmental Department Manager ironmental Project Manager Attachments: Agreement for Services Copies: Addressee (2) Responsive■ Resourceful ■ Reliable 7 Page 441 of 547 Table 1: Services and Fees Terracon Proposal Number: P13207110 Site Name: City ROW Address: 300 Jefferson Street City, State: Waterloo, Iowa LUST Number: 9LTS91 Registration Number: 202000033 Date: 1/6/2021 Irerracon Cost per Task Unit Unit Type No. of Units Total Engineering Services Soil Delineation Letter Report $ 1,250 lump sum 1 $ 1,250 Bedrock Tier 2 Report $ 3,500 lump sum 1 $ 3,500 Tier 2 Pathway Evaluations(GWI and Soil Leaching)* $ 250 /pathway 2 J$ 500 Subtotal $ 5,250 Field Services Field personnel mobilization (Up to 50 miles) $ 315 /mobilization 4 $ 1,260 Field receptor surveys (including explosive vapor,water wells, surface water bodies, enclosed space, and water lines) $ 250 lump sum 1 $ 250 Daily equipment charges (IP/water probe, PID, survey, etc.) $ 200 /day 3 $ 600 Geoprobe-Terracon Daily Rate $ 2,500 day 1 $ 2,500 Field Geologist/Engineer/Scientist** $ 85 /hour 30 $ 2,550 Hydraulic Conductivity Testting $ 300 /wellr:::2 $ 900 Drill rig mobilization (Up to 50 miles)with air compressor $ 1,250 /mobilization $ 1,250 Monitoring well installation-20' $ 1,100 /well $ 5,500 Trafic Control $ 500 each $ 1,000 Subtotal $ 15,810 Sample preparation and laboratory analysis: Soil: OA-1 (BTEX)and OA-2 (TEH) $ 100 /sample 9 $ 900 Groundwater: OA-1 (BTEX& MTBE)and OA-2 (TEH) $ 150 /sample 5 $ 750 Groundwater: QA/QC (trip,field and 10%duplicate blanks) $ 150 lump sum 1 $ 150 Subtotal $ 1,800 Total $ 22,860 Page 442 of 547 Irerraca n Reference Number:P13207110 AGREEMENT FOR SERVICES This AGREEMENT is between City of Waterloo IA ("Client") and Terracon Consultants, Inc. ("Consultant")for Services to be provided by Consultant for Client on the Jefferson Street ROW Tier 2 project("Project"), as described in Consultant's Proposal dated 01/06/2021 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters,terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either,fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5%per month, but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal,state,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of any fines or penalties. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement,subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors,or omissions. In the event such claims,losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i)workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance($1,000,000 occ/$2,000,000 agg); (iii) automobile liability insurance($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim/agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Page 1 of 2 Rev.3-20 Irerracon- Reference Number:P13207110 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths,locations, and times the procedures were performed.Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce-not eliminate-project risk.Client shall cause all tests and inspections of the site,materials,and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal,Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work,or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services.The quantities,when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultants performance of Services hereunder, or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal,Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked,including by a utility locate service,or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre-task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus. Consultant: Terra n Con nts, Inc. Client: City of Waterloo IA By: 41-f. Date: 1/6/2021 By: Date: Name/Title: Dave C.Cleary, REM/Environmental Name/Title: Mayor Quentin Hart/City of Waterloo Department Manager Address: 3105 Capital Way,Ste 5 Address: 715 Mulberry St Cedar Falls, IA 50613-7030 Waterloo, IA 50703-5714 Phone: (319)277-4016 Fax: (319) 277-4320 Phone: (319) 291-4312 Fax: Email: Dave.Cleary@terracon.com Email: QUENTIN.HART@WATERLOO-IA.ORG Page 2 of 2 Rev.3-20 CITY OF WATERLOO Council Communication Resolution approving the System Wide Infrastructure Framework(SWIF) Letter of Intent, in conjunction with the levee relief well testing and rehabilitation for the Waterloo, Iowa— RDB Cedar River/RDB Black Hawk Creek(SW)levee system, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ SWIF Amendment Memo Backup Material ❑ SWIF Attachment- signed Backup Material ❑ SWIF Appendix Backup Material Resolution approving the System Wide Infrastructure Framework(SWIF) Letter of Intent, in conjunction with the levee relief well testing and SUBJECT: rehabilitation for the Waterloo, Iowa— RDB Cedar River/RDB Black Hawk Creek(SW) levee system, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Recommended Action: Approve agreement. Summary Statement: Expenditure Required: N/A Source of Funds: N/A Policy Issue: Background Information: Testing of relief wells on the levee system is a new requirement from the Corps of Engineers. Page 445 of 547 CITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. . Waterloo, IA 50703 • Phone(319)291-4312 Fax(319)291-4262 Email:city.engineer@waterloo-ia.org JAMIE KNUTSON,PE • City Engineer February 1, 2020 COL Steven M. Sattinger US Army Corps of Engineers, Rock Island District Clock Tower Building, PO Box 2004 Rock Island, IL 62104-2004 RE: City of Waterloo, Iowa,Amendment Request to the System-Wide Improvement Framework (SWIF)for the Waterloo, IA Levee System RDB Cedar River/RDB Black Hawk Creek Dear Commander: In a letter dated April 10, 2017,the City of Waterloo, IA, had requested, and was given local approval for, a System-Wide Improvement Framework(SWIF)for the following systems: Waterloo, IA—LDB Cedar River(East) Waterloo, IA—RDB Cedar River/LDB Black Hawk Creek(NW) Waterloo, IA—RDB Cedar River/Black Hawk Creek(SW) Waterloo, IA—Waste Water Treatment Plant(South) Evansdale, IA—LDB Cedar River The City of Waterloo, IA, subsequently submitted an extension request dated September, 17, 2020,to amend the approved schedule to allow for a phased approach to addressing the repairs. In response to a letter dated October 5, 2020,the City of Waterloo, IA, is now requesting an amendment to the SWIF to address relief well concerns on the Waterloo, IA RDB Cedar River/RDB Black Hawk Creek(SW)system. The City is aware of the Interim Policy for Determining Eligibility Status of Flood Risk Management Projects for the Rehabilitation Program Pursuant to Public Law(P.L.) 84-99 dated 21 March 2014. The attached document includes detailed information specific to this relief well repair amendment request and would be included in the exiting SWIF. Should you have any questions or need additional information, please do not hesitate to me at(319) 291-4301 or via email at mayor@waterloo-ia.org. Sincerely, Quentin Hart Mayor WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 446 of 547 Waterloo, IA SWIF Amendment Attachment SWIF AMENDMENT ATTACHMENT Waterloo, IA RDB Cedar River/RDB Black Hawk Creek(Southwest) Cedar River Basin City of Waterloo, Iowa Iowa Request for Amendment to the existing System-wide Improvement Framework(SWIF) Prepared by: Wayne Cast e, Associate Engineer Signed: Date: �" ��� ZPZJ INTRODUCTION The City of Waterloo, Iowa, (the City) is requesting approval to amend the System-wide Improvement Framework(SWIF)for continued rehabilitation eligibility for the Waterloo, IA RDB Cedar River/RDB Black Hawk Creek(Southwest)federal flood risk reduction project under P.L. 84-99. This attachment describes unacceptable deficiencies in the levee system and/or system-wide issues that will be addressed under the SWIF amendment, and justifies how a system-wide approach will optimize flood risk reduction (i.e.,will correct deficiencies in a manner that provides the largest flood risk reduction in the most efficient and economical manner.) The "Unacceptable" deficiencies are described below in Paragraph 2,"Description of Deficiencies and Proposal for Using the SWIF Approach," and will result in the levee systems being put in "inactive" status in the USACE P.L. 84-99 Rehabilitation Program. Since the most recent routine continuing eligibility inspection dated October 2020,the levee sponsor plans to make progress toward correcting identified deficiencies. The rectification work needed to address the Unacceptable rating is dependent upon the condition of the relief wells. If minimal work is needed,the City pians to correct the relief well issue by December 2021. If major work(Le. relief well replacement) is required, the City plans to correct the relief well issue by December 2022. Page 1 of 8 Page 447 of 547 i i Waterloo, IA SWIF Amendment Attachment DESCRIPTION OF LEVEE SYSTEM DEFICIENCIES AND PROPOSAL FOR USING SWIF 1. Levee System Identification: 1.a.The levee system covered by this SWIF amendment request is listed in Table 1. Levee System Name NLD Segment Name Latest Segment Date and ID Number and ID Number and Inspection Type Rating Sponsor Name Waterloo, IA-RDB Cedar Waterloo,IA-RDB Cedar Routine Inspection U City of Waterloo,Iowa River River 28-30 October 2020 /RDB Black Hawk Creek /RDB Black Hawk Creek (Southwest) (Southwest) NLD#510592002 NLD#510592002 Table 1—List of Levee Systems and Segments included in this SWIF amendment request. 1.b. Levee system overview. The Waterloo, IA—RDB Cedar River/RDB Black Hawk Creek (Southwest) levee system is one of five federal levee systems providing flood protection to the City of Waterloo, Iowa. This system is comprised of 4.69 miles of levee, 0.67 miles of floodwall, 36 closures,8 pumping stations, 2 relief wells, and was completed in 1982. Major improvements and/or alterations include: • 18th Street closure alterations as part of the 18th Street bridge replacement in 2004; • Removal of the C.R.I. & P. Railroad and Waterloo Railroad bridges and closures following the 2008 flood; • Construction of the Hollywood area storm sewer lift station following the 2008 flood; • Replacement of the Miles Street storm sewer lift station following the 2008 flood; • Replacement of the Dry Run Creek Arch gates and gatewells following the 2008 flood; • Removal of trees and other encroaching vegetation along Black Hawk Creek in 2016; • Construction of a storm sewer lift station at the US Highway 63 (southbound) crossing as part of the US Highway 63 reconstruction in 2018; • Removal of trees and other encroaching vegetation along the Cedar River in 2019. The leveed area provides protection for 1.76 square miles of residential, commercial, and industrial land use. Principal commercial and industrial facilities protected include:John Deere drive train, service parts operations, and Tractor and Engine Museum,SingleSpeed Brewery, and Veridian Credit Union (main office). Principal governmental facilities protected include: Metropolitan Transit Authority,Waterloo Community School District bus operations, Irving Elementary School, Hawkeye Community College Metro Campus, Grout Museum District, and the City of Waterloo's Young Arena, Center for the Arts, public library, Riverloop Expo Plaza and Amphitheatre, Five Sullivan Brothers Convention Center, Cedar Valley Sportsplex, and fueling facility The levee risk screening completed in 2014 by USACE estimated a population at risk of 1982 during the day and 1417 at night. A total of 726 structures are located in the leveed area, with an approximated property value of$355.7 Million.A Levee Safety Action Classification (LSAC) of 4(low)was Page 2 of 8 Page 448 of 547 s s z Waterloo, IA SWIF Amendment Attachment I recommended for prior to overtopping and overtopping risk. Embankment seepage was identified as I the primary risk driver. Embankment seepage is the primary risk driver. Maintenance issues concerning unwanted vegetation and the unknown conditions of the culverts and toe drains reduced the performance confidence under a full load. It was noted during the screening that the segment has a history of good performance based on the Flood of Record in 2008,which reached 75%of height. A map of the system is included in Appendix A. Data for this system is from the National Levee Database as of January, 2021. Page 3 of 8 Page 449 of 547 i s Waterloo, IA SWIF Amendment Attachment I' 2. Description of Deficiencies and Proposal for Using the SWIF Approach The most recent routine continuing eligibility inspection report completed the 28-30 of October, 2020, rated Waterloo, IA RDB Cedar River/RDB Black Hawk Creek(Southwest) unacceptable. The primary factor driving the unacceptable rating were two relief wells that fell below acceptable performance standards established in the Engineer Manual (EM) 1110-2-1914, Design, Construction, and Maintenance of Relief Wells. As outlined in a letter from USACE to the City dated October 5, 2020,one of several following minimum measures is required: test data confirming that all relief wells meet 80%of the original pumping capacity, an engineering analysis demonstrating that the levee section meets current USACE design criteria with the current relief well conditions,or enrollment in the System-Wide Improvement Framework(SWIF) process. Given the complexity of determining the exact nature of the deficiencies and associated corrective action or actions, as outlined in Section 6, such efforts would be best completed through a SWIF process.As there is an existing SWIF for this system, albeit for other issues, an amendment to the existing SWIF is appropriate. It is the intent of the sponsor to restore the levee to USACE O&M standards, with priority given to rectifying the relief wells as they are listed as eligibility criteria in the 2014 interim policy. This SWIF amendment will outline deficiencies to be corrected and will include interim risk reduction measures for unacceptable deficiencies that will be implemented until those deficiencies are corrected. This levee is Provisionally Accredited under NFIP, and no impacts to the Accreditation is anticipated for this SWIF amendment. 3. Demonstration of Funding Commitment for SWIF Development and Implementation: The City will secure all funding necessary for levee rectification work. The rough estimated cost for all rectification work listed in Section 6 is$350,000 and the rectification work is estimated to be completed by December 2022. If the initial review finds the relief wells to be functional,the rough estimated cost for that rectification work is$100,000 and it is estimated to be completed by December 2021. No funding for these corrections are currently available from existing City Department budgets. Funding to complete rectification work has been requested for the City's Fiscal Year 2022 through the City's annual Capital Improvement Program (CIP) and would be obtained from City-issued General Obligation (GO) Bonds. if approved through the CIP,these funds would be made available beginning July 1, 2021. The City has worked with USACE since the last inspection to determine the path forward given the lack of installation data on the relief wells. Page 4 of 8 Page 450 of 547 L i'. Y Waterloo, IA SWIE Amendment Attachment x 4. Interim Risk Reduction Measures: The USACE competed a risk assessment in 2014,which identified seepage as a primary risk driver. In conjunction with the original SWIE request,the City has established an implement interim risk reduction measures (IRRM) plan and will continue these measures, as necessary,throughout the j completion of the -rectification work. In addition,the City will improve and/or increase inspection and monitoring pre-flood event, during and after the flood event to detect evidence of worsening conditions surrounding the relief wells.The city will map areas of distress and document levee system performance in the area adjacent to the relief wells.The relief well performance,such as documenting the quantity of flow vs. river stage,will also be documented. USACE technical assistance capabilities during flood events will be requested to assist the sponsor in this effort. Page 5 of 8 Page 451 of 547 s r Waterloo, IA SWIF Amendment Attachment i S. Interagency Collaboration: f The SWIF was developed in consultation with the USACE.This interagency collaboration will continue as SWIF measures are implemented. During this time, progress on SWIF milestones will be monitored and evaluated by USACE. Routine continuing eligibility inspections of the levee system will also be jointly undertaken by USACE and the City of Waterloo, Iowa,during the SWIF development and implementation timeline. USACE and the City will coordinate inspections during SWIF development and implementation to ensure milestones are being met. Page 6 of 8 Page 452 of 547 f i Waterloo, IA SWIF Amendment Attachment i i 6.Anticipated State and Federal Permit,Analysis, and Consultation Requirements: I The City is responsible for continued operation, maintenance, repair and rehabilitation needs on Waterloo, IA RDB Cedar River/RDB Black Hawk Creek(Southwest). Special permitting may be required by the City to perform these activities to ensure operational adequacy of the levee systems. In general, rectification work will involve: • Cleaning and analysis of the two relief wells to determine condition. Testing of the relief wells will then be conducted to determine if they are functional. • If functional,further testing will be done to determine pumping capacity. As no original pumping capacity data exists, this data will establish the baseline for future testing. Any minor rehabilitation work found to be needed by the analysis will be done as well. • If not functional,the City will evaluate the options for well rehabilitation,well replacement, or completing an engineering analysis demonstrating that the levee section meets current USACE design criteria with the current relief well condition. • The City will communicate with USAGE to select the most feasible and beneficial option. • If a construction option is selected,the City will contract to have the wells rehabilitated or replaced. Well testing will then be conducted and these results used to establish pumping capacity. • If the analysis option is selected,the City will contract to have an engineering analysis completed. This analysis will then be submitted to USACE for review. If the analysis determines that relief wells are needed, then the City will contract to have the wells rehabilitated or replaced. The following environmental permits are anticipated for the project: • Well testing may require a NPDES General Permit from the IDNR for the discharge of test water. • A Section 408 permit will be required from the USACE for replacement work, if necessary. A Drilling Program Plan will be submitted for review and approval prior to any drilling within the levee right-of-way. • As the relief wells are situated on an existing levee, no NEPA compliance work is expected. • As the relief wells are situated on an existing levee, there should be no concerns with endangered species. If endangered species are found,work will halt until the threat has been analyzed and a mitigation plan implemented. Page 7 of 8 Page 453 of 547 Waterloo, IA SWIF Amendment Attachment l CONCLUSION I' Given the anticipated scope of necessary work,the City respectfully requests that the levee system listed in Table 1 above retain "active"status in the P.L.84-99 Program while the SWIF plan amendment is implemented.The City asks that this initial request be granted for two (2)years,to allow adequate i time to review and implement the necessary repairs. I Page 8 of 8 Page 454 of 547 ST NEWELL-ST � .�r�asrac_3i�r f z - z `�� O SWIF Amendment CONGER ST W Z rri A 1 , - z y �, A - 63 2 R_ � - � CENTER ST � - z� _ �\ ��R Q ppendix A �- n N ti W m EDWARDS ST W ,: ���o� ��°QD � ` o Waterloo, IA - RDB Black Hawk Creek/RDB Cedar River (SW) a _ o Q -07 COTTAGE qpm }DANE ST Z m vZ +a O o ° . QO a J w " R I ONEIDA ST p CS) i �•. Y. 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G �E RD m EASTON AVE �— z O "i(D cnLU LIJ m Closure Structure N< �O w IVANHOERD w LOCKEAVE a g 0 z Flood Wall m. kar a Q MIDLOTHIANBL� O - O 2 g HOWARDAVE v,`•` `' , 0 0 0 LIFES Levee System ZLN w a y ¢ WISNER DR PLYMOUTH AVE ASE _ op E RIDGEWAY W RIDGEWAYAVE i E RIDGEWAYAVE +w+w ; CITY OF WATERLOO Council Communication Resolution approving an Amendment to a Development Agreement with Black Hawk Contracting and Development, Co., of Waterloo, Iowa, originally executed February 17, 2014, to reassign the agreement to Paramount Investments, LLC, and modifying the rebates for years one (1)through three(3), for the project located at 301-311 E. 3rd Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ Amendment to Development Agreement Backup Material ❑ Original Development Agreement Backup Material ❑ Map Backup Material Resolution approving an Amendment to a Development Agreement with Black Hawk Contracting and Development, Co., of Waterloo, Iowa, SUBJECT: originally executed February 17, 2014, to reassign the agreement to Paramount Investments, LLC, and modifying the rebates for years one (1) through three (3), for the project located at 301-311 E. 3rd Street, 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 of request Black Hawk Contracting and Development constructed the Brownstones in 2014 and sold them to Paramount Investments in 2016. This agreement is transferring the terms of the agreement from Black Hawk Contracting and Summary Statement: Development to Paramount Investments and also modifying the terms of the incentives to address the property receiving the CURA tax abatement for the first three years after construction instead of rebates. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development and Downtown Revitalization Legal Descriptions: St Joseph Square Lots 1-8 Page 456 of 547 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234-5701 Name Address City Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2020, by and among Black Hawk Contracting & Development, Co. ("BHCD"), Paramount Investments, LLC ("Paramount") and the City of Waterloo, Iowa (the "City"). RECITALS A. BHCD and City are parties to that certain Development Agreement dated February 17, 2014 and filed April 24, 2014 as Doc. No. 2014-18869 (the "DA"), concerning the development of land (the "Property") described therein. B. BHCD has sold the Property to Paramount, and the parties desire to substitute Paramount for BHCD as "Company" under the DA. C. After completion of the Improvements, Company had the benefit of both three years of CURA property tax abatement and property tax rebates. It was not the intention of the DA that Company would utilize both benefits, and it is the established policy of the City that development projects will not simultaneously receive both forms of incentive at the same time. D. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1 . BHCD does hereby assign to Paramount, and Paramount does hereby assume, all rights, duties and privileges of"Company" under the DA, effective upon approval of this Amendment by the Waterloo City Council. City hereby consents to such assignment and assumption and hereby releases John R. Rooff, III from liability under the personal guaranty set forth in the DA. Page 457 of 547 Page 2 2. Section 8 of the DA is amended to modify the rebates for Year One, Year Two and Year Three to read as follows: Year One 0% rebate Year Two 0% rebate Year Three 0% rebate 3. Section 13 of the DA is amended to strike paragraph (b) therefrom and to substitute the following new paragraph (b): "(b) if to Company, to Paramount Investments, LLC, 59 River Ridge Road, Cedar Falls, Iowa 50613, Attn: Martin VanZee 4. The parties acknowledge that the Property has been platted as St. Joseph's Square and is now described as Lots 1-8, St. Joseph's Square, in the City of Waterloo, Black Hawk County, Iowa, also identified as parcel nos. 8913-24-353-009 through 8913-24-353-016, inclusive, and locally known as 301 , 303, 305, 307, 309, and 311 E. 3rd Street, Waterloo, Iowa. 5. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA PARAMOUNT INVESTMENTS, LLC By: By: Quentin Hart, Mayor Martin S. VanZee Managing Member Attest: Kelley Felchle, City Clerk BLACK HAWK CONTRACTING & DEVELOPMENT, CO. By: John R. Rooff, III, President Page 458 of 547 'Page 1 of 9 Doc ID: 005452500009 Type: GEN RecordedE04�24/2ot4 at 22:26:54 PM Fee Amt: $47.00 Page 2 of 9 Black Hawk County Iowa JUDITH A MCCAR7HY RECOADEA F1Ie20 1 4'000 V V 69 I'. Preparer ]nrormatim Christopher S.Wendland PO Bax 596 Waterloo Iowa 50704 319 234.5701 Name Address city Phone DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of t 1-1. Zat+ , by and between Black Hawk Contracting & Development, Co. (the "Company") and the City of Waterloo, Iowa (the "City). John R. Rooff III is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Logan Urban Renewal and Redevelopment Plan area, generally located at Lafayette Street and East 3rd Street, and legally described on Exhibit"A" attached hereto (the "Property"). AGREEMENT S NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Company for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's 1-1�?•p� File Number: 2014-009t§8W&kI5417 Page 2 of 9 DEVELOPMENT AGREEMENT Page 2 proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of;-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 2. Improvements by Company. Company shall subdivide the Property into six (6) separate lots to allow for the construction of one (1) townhome of not less than 1,000 square feet on each lot. Each separate lot upon which a home will be constructed (a "phase") shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total market value upon completion of no less than $140,000 per townhome. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvement designs for buildings and layout shall be approved by a City-designated Design Build Management Team (DBMT) as appointed by the Mayor. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain a building permit and begin construction on the first phase within four (4) months, on the second Phase within eight (8) months, and on all remaining phases by June 1, 2015. Construction of all phases shall be completed no later than September 30, 2015. If Company has not; in good faith, begun the construction of any phase of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not File Number. 2014-0010)§8I%OS*cp4Z f Page 3 bf 9 DEVELOPMENT AGREEMENT Page 3 economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 4. Platting and Release. The parties expect that Company will plat the Property for purposes of the Project. As nearly as reasonably possible, the area platted for each phase shall be comprised of a roughly equivalent area as measured in square feet. In connection with any sale by Company of that park of the Property corresponding with a completed phase of Improvements, City agrees to release such part of the Property from the conditions and restrictions set forth in this Agreement. A release of any such part of the Property shall not affect the continued effectiveness and enforceability of this Agreement as to any part of the Property that is not specifically released. 5. Reverter of Title; Indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed as provided in this Agreement. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, or phase thereof, that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or phase conveyed. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney- in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nat;.ure whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. File Number: 2014-00U;1Q86V31SafcP4 Page 4 of 8 DEVELOPMENT AGREEMENT Page 4 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Water and Sewer. Company will be responsible for extending water and sewer service from the public right of way to any location on the Property and for payment of any associated connection fees. 8. Tax Rebates. Provided that Company has completed the Improvements as set forth herein, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One 50% rebate Year Two 50% rebate Year Three 50% rebate Year Four 50% rebate Year Five 50% rebate Year Six 50% rebate Year Seven 50% rebate Year Eight 50% rebate Year Nine 50% rebate Year Ten 50% rebate for any taxable value over the January 1, 2013 land value of $33,660 for the Property as a whole, or $5,610 per phase parcel after platting. Rebates are payable in respect of a given year only to the extent that Company or a future owner of the Property or a phase parcel has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, dela service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. Rebates will be paid on a phase-by-phase basis after Company plats the Property as contemplated by this Agreement. 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 relating to a given phase, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property File Number: 2014-0Q0A@8Q%2S0cp4 Page 5 bf 9 DEVELOPMENT AGREEMENT Page 5 or a phase parcel or upon (y) the value of the Property or a phase parcel and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. The parties agree that rebates are intended for the benefit of Company to compensate it for certain of its development costs and will not run with the land. City shall pay rebates to the Company even if Company conveys the property to a third party, unless City receives from Company a written assignment of its rebate right, in a form reasonably acceptable to City, to the owner of the phase parcel. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby i represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 11. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in unimproved phase portions of the Property prior to completion of the improvements pertaining to such phase of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. File Number: 2014-0093§8W39ae445 "Page 6 bf 9 DEVELOPMENT AGREEMENT Page 6 12. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-2914571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Black Hawk Contracting & Development Co., 1509 Commercial Street, Waterloo, Iowa, 50701, Attention. John Rooff, with a copy to Eric W. Johnson, Esq., Beecher Law Firm, 520 Lafayette Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to.an overnight air courier service which guarantees next day delivery, (Iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. File Number: 2014-00l93§861$4S9cpR 'Page 7of9 DEVELOPMENT AGREEMENT Page 7 16, Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and.the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BLACK HAWK CONTRACTING & DEVELOPM T CO. By: By: Ernest G. Clark, Mayor ohn . Rooff, III, Pre en Atter Suzy Sc ares, City Clerk File Number: 2014-0091§13M5Sz447/ "Page S of 9 DEVELOPMENT AGREEMENT Page 8 [personal guaranty on next page] PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of multiple guarantors hereunder is joint and several. (XW-4� — J tn . Rooff, III File Number: 2014-00019864$6S*V4W E •Rage 9-of 9 EXHIBIT "A" Legal Description of Property Lots 8 and 9, in Block 31, Original Plat on the East Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. File Number: 2014-0019A§8M7Sft49 Page 468 of 547 �63 ew � l cb b � Citi of Waterloo, Iowa � Paramount Investments Propertig w�E S Page 469 of 547 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 $83,500, in conjunction with the FY 2021 Center for the Arts Parking Improvements, Phase 3, Northwest Half, Contract No. 1004, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared: 1/19/2021 ATTACHMENTS: Description Type ❑ Cont 1004_AECOM_PSA Backup Material Resolution approving a Professional Services Agreement with AEC OM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed SUBJECT: $83,500, in conjunction with the FY 2021 Center for the Arts Parking Improvements, Phase 3, Northwest Half Cont ract No. 1004, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: The Scope of Services will include construction related services. Source of Funds: GO Bonds Page 470 of 547 �Com AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO, IOWA CENTER FOR THE ARTS PARKING IMPROVEMENTS, PHASE III CONSTRUCTION-RELATED SERVICES PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as"CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring Page 471 of 547 AECOM Page 2 guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000)each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non-owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and Page 472 of 547 �Com Page 3 property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non-renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not-to-exceed fee of Eighty-Three Thousand Five Hundred Dollars ($83,500.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10)days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non-monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Page 473 of 547 �COM Page 4 Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. Page 474 of 547 �COM Page 5 CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits Page 475 of 547 �L=Com Page 6 hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third-party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By: By: ZWJ04, , Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E Title: Mayor Title: Associate Vice President Date: Date: January 19, 2021 Page 476 of 547 CITY OF WATERLOO, IOWA CENTER FOR THE ARTS PARKING IMPROVEMENTS, PHASE III CONSTRUCTION-RELATED SERVICES EXHIBIT A A. Project Description The FY 2021 Center for the Arts Parking Improvements, Phase III, Northwest Half, City Contract No. 1004, includes reconstruction of a portion of the Center for the Arts parking lot, removal of the existing fountain and other landscaping features, reconstruction of the stairway to the main Center for the Arts entrance and construction of a colored pavement pedestrian plaza area and new lighting. The project is anticipated to be constructed in the 2021 construction season. B. 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 Grading Stakes at 50-Foot Intervals b. Set Stakes for Drainage Structures C. Set Stakes at 25-Foot Intervals for Parking Lot, Sidewalk and Plaza Area d. Set Stakes for Stairway e. Set Stakes for Light Poles 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. 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 Page 477 of 547 construction activity. Task is estimated at an average of 16 hours/week for 20 weeks of construction. 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. O:Wdministration\AGREE\PROF\WAT Center for the Arts Parking Ph III CRS.doc Page 478 of 547 CITY OF WATERLOO Council Communication Resolution approving an amendment to Lease Agreement with Anderson and Anderson Farms, to farm approximately 36.1 acres of city-owned land, generally located north and east of North Crossing development and on the east side of E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ Amendment to Lease Agreement Backup Material ❑ Original Lease Agreement Backup Material Resolution approving an amendment to Lease Agreement with Anderson and Anderson Farms, to farm approximately 36.1 acres of city-owned land, SUBJECT: generally located north and east of North Crossing development and on the east side of E. 4th Street, 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 Transmitted is a request for an amendment to lease agreement with Anderson and Anderson Farms for city-owned property, to farm approximately 36.1 acres of land generally located north and east of North Crossing development and on the east side of E. 4th Street. The developer of North Crossing is ready to begin developing more land to the north and that land is currently farmed by Anderson and Anderson Farms. The renter has previously invested crop input costs of about$1,041.00, which consisted of potash, lime and application on 24.6 acres. Due to the development of the Summary Statement: land the renter will not get to realize the full benefit of their investment, with fertilizer lasting for two years and lime for four year. The renter will still farm the land to the east of East 4th Street which is about 11 acres in area at $110.00 per acre, which is approximately$1,210.00, a difference of$169.00. Due to this amendment, the rent payable for the remaining 11 acres is the substantial equivalent of the compensation that the City would owe to the renter for its unrealized investment, and therefore each party shall be and hereby is, without the exchange of any further payment from one to the other, fully compensated for what is owed to it by the other party in connection with the amendment and the 2021 crop year under the lease. Expenditure Required: None Source of Funds: N/A Policy Issue: Property Management Page 479 of 547 Alternative: N/A Background Information: The renter will still farm the 11.5 acres to the east of East 4th Street under this amended agreement. UNPLATTED WATERLOO EAST NW SW SEC 12 T 89 R 13 EXC N 291.05 FT AND EXC PARCEL"D" OF PLAT OF SURVEY DOC #2003-05489 BEIN G THAT PART OF SW 1/4 SEC 12 T 89 R 13 DESC AS N 260 FT OF E 680 FT OF THAT PART OF SAID 1 /4 LYING S OF RALSTON RD AS ES TABLISHED AND ACQUIRED BY CITY OF WATERLOO IN 470 DEEDS 475 AND LYING W OF W LINE OF E FOU RTH STREET AND ALSO SW SW IN S AID SEC EXC E 33 FT & EXC THAT PART THEREOF DESC AS COM AT S E COR SW SW TH N 33 FT TO NLY LINE E DONALD ST TH W 478.61 F T TH N 50.01 FT TO P OB TH W 160 FT TH N 150 FT TH E 160 FT TH S 150 FT TO POB & EXC PAR E IN DOC 2003 33301 AND PAR F I N DOC 2004-22550 ALSO EXC NORT H CROSSING ADDITION ALSO EXC L OGAN PLAZA IST ADDITION LOTS 2 AND 3 ALSO EXC RD ALSO EXC TH AT PART OF A PCL OF LAND IN SW SW SEC 12 T 89 R 13 DESC AS C OM AT NE COR OF SW SW TH S 777 .33 FT TH N 89 DEG 55 MIN 10 S EC W 33.01 Legal Descriptions: FT TO POB TH N 89 D EG 55 MIN 10 SEC W 383.16 FT T H N 170.77 FT THS 89 DEG 55 M IN 02 SEC E 382.15 FT TH S 170 .77 FT TO POB AND Lot 1, Menard-Logan Plaza Minor Plat, Black Hawk County, Iowa recorded in Doc. #2008-07262 and being a part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, except that part lying within North Crossing Addition in the City of Waterloo, Black Hawk County, Iowa. AND Parcel"G" of Plat of Survey Doc. #2008-10309 of part of the Northeast Quarter of the Southwest Quarter of Section 12, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa Page 480 of 547 AMENDMENT TO LEASE AGREEMENT FOR CITY-OWNED PROPERTY This Amendment(the"Amendment") is entered into as of , 2021 by and between the City of Waterloo, Iowa("City") and Anderson and Anderson Farms, a general partnership ("Lessee"). WHEREAS, City and Lessee are parties to that certain Lease Agreement for City-Owned Property dated December 17, 2018 (the"Lease")concerning real property described therein, consisting of approximately 36.1 tillable acres of tax parcels 8913-12-301-009 and 8913-12-326- 003; and WHEREAS,the parties desire to amend the Lease on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained a herein, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. The Lease is amended to remove from the definition of"Property"the area identified as tax parcel 8913-12-301-009, legally described as follows (the"Excluded Property"): UNPLATTED WATERLOO EAST NW SW SEC 12 T 89 R 13 EXC N 291.05 FT AND EXC PARCEL"D"OF PLAT OF SURVEY DOC#2003-05489 BEING THAT PART OF SW 114 SEC 12 T 89 R 13 DESC AS N 260 FT OF E 680 FT OF THAT PART OF SAID 1 14 LYING S OF RALSTON RD AS ESTABLISHED AND ACQUIRED BY CITY OF WATERLOO IN 470 DEEDS 475 AND LYING W OF W LINE OF E FOURTH STREET AND ALSO SW SW IN SAID SEC EXC E 33 FT&EXC THAT PART THEREOF DESC AS COM AT SE COR SW SW TH N 33 FT TO NLY LINE E DONALD ST TH W 478.61 FT TH N 50.01 FT TO POB TH W 160 FT TH N 150 FT THE 160 FT TH S 150 FT TO POB&EXC PAR E IN DOC 2003-33301 AND PAR F IN DOC 2004-22550 ALSO EXC NORTH CROSSING ADDITION ALSO EXC LOGAN PLAZA 1 ST ADDITION LOTS 2 AND 3 ALSO EXC RD ALSO EXC TH AT PART OF A PCL OF LAND IN SW SW SEC 12 T 89 R 13 DESC AS COM AT NE COR OF SW SW TH 5 777.33 FT TH N 89 DEG 55 MIN 10 SEC W 3301 FT TO POB TH N 89 DEG 55 MIN 10 SEC W 383.16 FT TH N 170.77 FT TH S 89 DEG 55 MIN 02 SEC E 382.15 FT TH S 17477 FT TO POB. The Lease will continue in effect as to the reminder of the Property, which consists of 11.5 acres,more or less. u 2. Paragraph 2 is hereby amended to state that the Lease shall terminate on December 31,2021. Lessee hereby waives any right to receive notice of termination pursuant to Iowa Code Chapter 562 with respect to the Excluded Property and agrees that the Lease shall terminate December 31, 2020 as to the Excluded Property. 3. The parties agree that Lessee has previously invested approximately$1,041.00 in crop input costs in the Excluded Property. Due to this Amendment, Lessee will not realize the benefit of the investment. The parties agree that Lessee's rent payable for the 2021 crop year is the substantial equivalent of the compensation that City would owe to Lessee for its unrealized investment, and therefore each party shall be and hereby is, without the exchange any further payment from one to the other, fully compensated for what is owed to it by the other party in connection with this Amendment and the 2021 crop year under the Lease. Page 481 of 547 f 4, Except to the extent amended by this instrument,the Lease shall continue unmodified in full force and effect. The Lease and this Amendment are binding upon and shall inure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Lease Agreement for City-Owned Property by their duly authorized representatives as of the date first set forth above. is CITY OF WATERLOO,IOWA ANDERSON AND ANDERSON FARMS is By; By: Quentin Hart,Mayor Bryce der n, General Partner Attest: Kelley Felchle, City Clerk [acknowledgments on next page] f 2 Page 482 of 547 STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On , 2021, before me, the undersigned, a Notary Public in and for the State of Iowa,personally appeared Quentin Hart and Kelley Felchle,to me personally known, and who,being by me duly sworn, did say that they are the Mayor and City Clerk,respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on ,2021,and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. i Notary Public i i STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on �A. tLoa-n" I Z_ 2021 b Bryce J. Anderson as General g � Y Partner of Anderson and Anderson Farms, a general partnership. hP.S1"L0TRACIA S ROSS * * COMMISSION NO.611963 MY COMMISSION EXPIRES low;, 2 Notary Public 3 Page 483 of 547 I CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of V31�c^`���✓ , 2018, by and between the City of Waterloo, Iowa(hereinafter referred to as "City"), and Anderson and Anderson Farms, a general Partnership (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property generally located at the northeast corner of Logan Avenue and E Donald Street, and legally described in Exhibit"A" attached here to and made a part here of by this reference. Lessee shall use the Property only for growing row crops and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the 1st day of March, 2019, and terminating on the 31St day of December, 2019. The Lessee agrees to pay the City $3,971.00 ($110.00/acres with a total of approximately 36.1 acres) for the use of the Property. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (3 0) days'written notice if the City needs the use of the Property for its own purposes. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days'written notice to the Waterloo Community Planning and Development Department. 4. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with seed mixture as approved by Leisure Services. Further, Lessee agrees that if flooding occurs, no agricultural activities will occur until the land has dried and recovered sufficiently. 5. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, he will instruct them to leave the premises. 6. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever to any person or property which may arise out of or are in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents. 7. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than$500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same,by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty(30) days' advance notice to the City before cancellation, shall be delivered to City no later March 1, 2019. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 8. Lessee agrees to prohibit all engine-powered off-road vehicles and four-wheel drive vehicles other than agricultural equipment. 9. In the event any other person acquires a right of ingress and egress across the Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance, which may be necessary, at no cost to the City. 10. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and Page 484 of 547 insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires,batteries,paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations, which occurred during the term of this Agreement. 11. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 12. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 13. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 14. 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 City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 16. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, or(ii)three (3) business days following the date of deposit if mailed by United States certified mail,postage prepaid. 17. This Agreement contains the entire Agreement between the parties.None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs,personal representatives, successors and assigns. 2 Page 485 of 547 IN WITNESS WHEREOF,the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE: Quentin Hart,Mayor For Anderson and Anderson Farms By: C,4 P[ if, ,4uD4--es ad Its: IvAeTAI&R ATTEST: Kelley Fel le, City Clerk CITY'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWI�COUNTY, SS: On this '•r '= day of O cLc,k!: , 2015, before me,the undersigned Notary Public, personally appeared the MAYOR and CITY CLERK,respectively, of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City,by it and by them voluntarily executed. NANCY HIOBY * COMMISSION NO,788229 MY Co?S - 1a�MISSION©CF'IRES Notaryubl1C owh LESSEE'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this/flay of�/1/r�rn , 2018, before me the undersigned, a Notary Public in d J!e unty of1.41'�Zg� State of Iowa, personally appeared to me known to be the person(s named in and who executed the foregoing instrument. 4otary TIM ANDERA vv T, COMMISSION NO.772518 c *urns* MY COMMISSION EXPIRES bwp APRIL 11,2021 3 Page 486 of 547 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 3 with Willett Hoffmann, (formerly Ament), of Cedar Rapids, Iowa, in conjunction with construction engineering services for the Ansborough Avenue Widening Project, Iowa DOT Project Number STP-A-8155(757)-86-07, in the amount of$1,055.05, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/15/2021 ATTACHMENTS: Description Type ❑ Willet Hoffman Supplemental Agreement#3 Backup Material Resolution approving Supplemental Agreement No. 3 with Willett Hofinann, (formerly Ament� of Cedar Rapids, Iowa, in conjunction with construction SUBJECT: engineering services for the Ansborough Avenue Widening Project, Iowa DOT Project Number STP-A-8155(757) 86-07, in the amount of $1,055.05, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution Summary Statement: This covers additional testing that was required for the project. Expenditure Required: $1,055.05 Source of Funds: G.O. bonds Policy Issue: Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community Additional testing services was performed by their subconsultant Team Background Information: Services for a total of$1,055.05. The contractor did more, smaller pours than they expected which increased the number of tests. 100% of the amendment goes to Team Services (subconsultant). Page 487 of 547 Contract No. [XXXXX] Owner Project No. TOF-284 Iowa DOT Project No. STP-A-8155(757)--86-07 Standard Consultant Contract For Local Public Agency Consultant Contracts with Federal-aid Participation Supplemental Agreement No. 3 This SUPPLEMENTAL AGREEMENT#3, (amending the Original Standard Consultant Contract dated 6-11- 2018, Supplemental Agreement No. 1 dated 2-15-19 and Supplemental Agreement No. 2 dated 1-13-20) (to increase Team Services amount payable by a total of$1,055.05) made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, Iowa, the Owner, located at: 715 Mulberry Street City Hall Waterloo, Iowa 50703 Phone: (319) 291-4440 FAX: (319) 291-4094 and Willett, Hofmann and Associates, Inc., the Consultant, located at: 625 32nd Avenue SW Cedar Rapids, Iowa 52404 Phone: (319) 378-1401 FAX: (815) 284-3385 For the following Project: Ansborough Avenue Improvements, Ansborough Avenue from Black Hawk Road north 0.1 Miles to Downing Avenue, PCC Pavement Widening The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide surveys (topographic and property), engineering and construction engineering services to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 1 of 25 Page 488 of 547 TABLE OF CONTENTS Article Number and Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 1.5 Minimum Qualification Standards 2 Entire Agreement, Required Guidance and Applicable Law 2.1 Entire Agreement of the Parties 2.2 Required Guidance 2.3 Applicable Law 3 Form of Compensation 3.1 Method of Reimbursement for the Consultant 3.2 Subconsultant's Responsibilities for Reimbursement 4 Terms and Conditions 4.1 Ownership of Engineering Documents 4.2 Subconsultant Contract Provisions and Flow Down 4.3 Consultant's Endorsement on Plans 4.4 Progress Meetings 4.5 Additional Documents 4.6 Revision of Work Product 4.7 Extra Work 4.8 Extension of Time 4.9 Responsibility for Claims and Liability 4.10 Current and Former Agency Employees (Conflicts of Interest) 4.11 Suspension of Work 4.12 Termination of Agreement 4.13 Right to Set-off 4.14 Assignment or Transfer 4.15 Access to Records 4.16 Iowa DOT and FHWA Participation 4.17 Nondiscrimination Requirements 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.19 Severability Attachment A-Scope of Services Attachment B -Specifications Attachment C - Fees and Payments Attachment C-1 —Cost Analysis Worksheet Attachment D -Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G -Sample Invoice Form Attachment H -Consultant Fee Proposal Attachment I - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Page 2 of 25 Page 489 of 547 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: to improve traffic progression and reduce vehicle delays and vehicle emissions along Ansborough Avenue within the Project corridor. This will be accomplished by eliminating split signal phasing for northbound and southbound Ansborough Avenue traffic at the Downing Avenue intersection. This will require the addition of a left turn lane on northbound approach. Ansborough Avenue needs to be widened to accommodate the left turn lane. The widening is done on the east side of the south leg of Ansborough Avenue between the Downing Avenue and Black Hawk Road intersections. The northbound approach lane alignments will be tapered to the east which will allow for the provision of a left turn lane on Ansborough Avenue at the south side of Downing Avenue to match and align with the five-lane section that currently exists north of the intersection. 1.2 Financial Parameters 1.2.1 Amount of the Owner's budget for the Consultant's compensation is: Fifty-one thousand fjve hundred ninety-eight dollars and thirty-five cents ($51,598.35) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: Three Thousand one hundred ninety-four dollars and thirty-five cents ($3,194.35) 1.3 Project Team 1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is: Mohammad Elahi, Traffic Engineer, City Traffic Operations Department. The Contract Administrator is the authorized representative, acting as liaison officer for the Ownerfor purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Michael G. Dryden, P.E. 1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Amount Authorized Maximum Amount Payable Method of Payment Team Services $3,194.35 $3,194.35 Lump Sum 1.4 Time Parameters 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Milestones for completion of the work under this Agreement as follows: 1. Completion of all work under this agreement shall be on or before September 30, 2020 unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Ownerwill provide the Consultant notice to proceed with final design activities. 1.5 Minimum Qualification Standards (MQS) 1.5.1 The Consultant and their subconsultants are required to meet the Minimum Qualifications Standards (MQS) requirements of specified work categories as defined in the Iowa DOT's Policy and Procedure Manual (PPM), Policy No. 300.04, at the time of contract execution, and for the duration of the contract. Work under this contract will require the consultant team to meet the requirements of Work Page 3 of 25 Page 490 of 547 Category Traffic Operations Design. Failure to meet the requirements during the contract will result in cancellation of any remaining portion of the contract. 1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant who meets the MQS of the specified work categories as defined Iowa DOT PPM 300.04. If no work category exists for a particular service, normal methods of acceptance shall be used, such as experience, typical licensure, certification or registration, or seals of approval by others. ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE,AND APPLICABLE LAW 2.1 Entire Agreement of the Parties. This Agreement, including its attachments, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. This Agreement comprises the documents listed as attachments in the Table of Contents. The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. 2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the Iowa Department of Transportation Federal-aid Project Development Guide, Instructional Memorandums to Local Public Agencies (I.M.$), and other standards, guides or policies referenced therein. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.3 Applicable Law. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court of Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work performed under this Agreement. ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement for the Consultant. 3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following compensation methods, as defined in Attachment C: .1 [ ] Cost Plus Fixed Fee -Attachment C .2 [ ] Lump Sum-Attachment C .3 [X] Specific Rate of Compensation -Attachment C .4 [ ] Unit Price-Attachment C .5 [ ] Fixed Overhead Rate-Attachment C 3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method of payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant shall be defined within the subconsultant contract to the Consultant. 3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant shall require the subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under-runs associated with any subconsultant's contract are not available for use by the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA (when applicable) have given prior written approval. Page 4 of 25 Page 491 of 547 ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.2 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions required of Consultant in this Agreement. The only recognized exception to this requirement is under provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant. 4.2.2 The Consultant may not restrict communications between the Owner and any of the subconsultants. The Consultant will encourage open communication among the Owner, the Consultant and the subconsultants. 4.3 Consultant's Endorsement on Plans. The Consultant and its subconsultants shall endorse and certify the completed project deliverables prepared under this Agreement and shall affix thereto the seal of a professional engineer or architect(as applicable), licensed to practice in the State of Iowa, in accordance with the current Code of Iowa and Iowa Administrative Code. 4.4 Progress Meetings. From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. 4.5 Additional Documents. At the request of the Contract Administrator, the Consultant shall furnish sufficient documents, or other data, in such detail as may be required for the purpose of review. Page 5 of 25 Page 492 of 547 4.6 Revision of Work Product 4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute"satisfactorily completed and accepted work." Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute"satisfactorily completed and accepted work." 4.6.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay to the project schedule. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.7. 4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work," it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute"Extra Work", the Consultant shall promptly develop a scope and budget for the extra work and submit it to the Contract Administrator. The Ownerwill provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. The Consultant shall not proceed with "Extra Work"without prior written approval from the Owner and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at the Consultant's risk. The Owner has the right, at its discretion, to disallow those costs. However, the Owner shall have benefit of the service rendered. 4.8 Extension of Time. The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the Consultant. 4.9 Responsibility for Claims and Liability 4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa DOT, their agents, employees, representatives, assigns and successors harmless for any and all liabilities, costs, demands, losses, claims, damages, expenses, or attorneys' fees, including any stipulated damages or penalties, which may be suffered by the Owner as the result of, arising out of, or related to, the negligence, negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection with this Agreement. 4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors and omissions)with a minimum limit of$1,000,000 per claim and in the aggregate, and all such other insurance required by law. Proof of Consultant's insurance for professional liability coverage and all such other insurance required by law will be provided to the Owner at the time the contract is executed and upon each insurance coverage renewal. Page 6 of 25 Page 493 of 547 4.10 Current and Former Agency Employees (Conflicts of Interest) The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 6813.2A. The Consultant shall not engage the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban outlined in Iowa Code section 6813.7. Similarly, the Consultant shall not engage the services of current or former FHWA employee without prior written consent of the FHWA, and the relationship meets the same requirements for State and local agency employees set forth in the above- referenced Iowa Code sections and the applicable Federal laws, regulations, and policies. 4.11 Suspension of Work under this Agreement 4.11.1 The right is reserved by the Owner to suspend the work being performed pursuant to this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Owner to the date of such suspension, in accordance with the applicable provisions in Article 4.12.2 or Article 4.12.3 below. 4.11.2 Should the Ownerwish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days'written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the Consultant with approval from the Contract Administrator, has the option, after 180 days to terminate the contract. 4.12 Termination of Agreement 4.12.1 The right is reserved by the Ownerto terminate this Agreement at any time and for any reason upon not less than thirty (30) days written notice to the Consultant. 4.12.2 In the event the Agreement is terminated by the Ownerwithout fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs, as identified in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Maximum Amount Payable. 4.12.3 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.12.4 This Agreement will be considered completed when the scope of the project has progressed sufficiently to make it clear that the project close-out can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.13 Right to Set-off. If the Consultant owes the Owner any sum under the terms of this Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Owner to the Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner's intent to utilize any right of set-off. Page 7 of 25 Page 494 of 547 4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its interest in this Agreement, unless written consent is obtained from the Contract Administrator and concurrence is received from the Iowa DOT and FHWA, if applicable. 4.15 Access to Records. The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final closure of the Federal-aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA shall have the right to participate in the conferences between the Consultant and the Owner, and to participate in the review or examination of the work in progress as well as any final deliverable. 4.17 Nondiscrimination Requirements. 4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations, Part 21, and the Code of Iowa, Chapter 216. The Consultant will not discriminate on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in its employment practices, in the selection and retention of subconsultants, and in its procurement of materials and leases of equipment. 4.17.2 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the regulations relative to nondiscrimination on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. 4.17.3 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA may determine to be appropriate, including, but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies, or the Agreement is otherwise suspended or terminated. 4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest(hereinafter referred to as the"Consultant") agrees as follows: 1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Consultant, about the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations Page 8 of 25 Page 495 of 547 under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information the Consultant shall so certify to the Owner, the Iowa Department of Transportation or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the Iowa Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: provided, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner or the Iowa Department of Transportation to enter into such litigation to protect the interests of the Owner or the Iowa Department of Transportation; and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.18.1 The Consultant agrees to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultant and all its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after the subconsultant's work is satisfactorily completed. 4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the Owner, the Iowa DOT, or the FHWA may impose sanctions which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant is hereby advised that failure to fully comply with the requirements of this Article shall constitute a breach of contract and may result in termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the FHWA deems appropriate, which may include, but is not limited to: 1. withholding monthly progress payments; 2. assessing sanctions; 3. liquidated damages; and /or Page 9 of 25 Page 496 of 547 4.19 Severability. If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below. Willett, Hofmann and Associates, Inc. B Date: / Z Zb2 / Steve M Imeel ATTEST: By Date: City of Waterloo, Iowa By Date: Quentin M. Hart Mayor IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Date: Name Title *The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 10 of 25 Page 497 of 547 ATTACHMENT A Scope of Services It is understood by the Owner and the Consultant that the level and frequency of Progress Reporting shall be mutually established for each project, taking into account the complexity and duration of the work to be performed. For this specific project it is agreed that progress reporting will be provided on a monthly basis. It is understood by the Owner and the Consultant that the task detail associated with the 85% budget notification shall be mutually established for each project in relation to the complexity and duration of the work to be performed. For this specific project it is agreed that all work contemplated in the agreement will be considered as one task(s). It is further agreed that the 85% budget notification requirements will be required for this Agreement based on the volume of work assigned, duration, complexity, and rate of progress anticipated on the project. The Consultant will monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$), Road Design Manual, Standard Road Plans, Road Design Details. Updates requiring no additional effort on the part of the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. Project Identification Widening for the Ansborough Avenue, from Black Hawk Road north 0.1 Miles to Downing Avenue PCC Pavement Widening Project will start at the south end of the project about 550 feet south of the intersection at 0-foot width and will taper out to 12 feet to allow for a left-turn lane. Engineering Design services for this PCC pavement widening are expected to include: Construction Engineering services are expected to include the pre-construction meeting, utility coordination (if any), project observation, materials approval, reports, Weekly Report of Working Days to the Iowa Department of Transportation, pay estimates, post-construction Iowa Department of Transportation audit including as- constructed plans. Major Project Tasks Construction Phase Services Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. The Project involves: project management; utility coordination; and construction-related services including construction staking; on-site field reviews; construction observation and documentation; materials testing; record drawings, and construction administration including project close-out—for the proposed improvement. The following provides a description of the tasks to be performed and identification of the proposed work. I. Construction-Related Services A. Construction Materials Testing a. Additional P.C. concrete testing services (Team Services)—Additional trips and mileage to make, pick-up and test P.C. concrete compressive strength cylinders due to the contractor's work plan. Page 11 of 25 Page 498 of 547 ATTACHMENT B Specifications Iowa Statewide Urban Design and Specifications (SODAS) Design Manual, Chapter 5 and the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions. Page 12 of 25 Page 499 of 547 ATTACHMENT C (referenced from 3.1) Specific Rate of Compensation 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees not to exceed the maximum amount payable under this Agreement of$ 51,598.35. The maximum amount payable will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the maximum amount payable will be by Supplemental Agreement. A contingency amount of$ 4,400.00 has been established for this Agreement and is included in the maximum amount payable. Written request by the Consultant indicating the need and written approval by the Contract Administrator and concurrence from the Iowa DOT are needed prior to usage of the contingency amount. The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in Attachment C-1. The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval and by the Contract Administrator's written approval it shall become a part of this Agreement. 3.1.1.2 Reimbursable Costs. The Consultant shall be reimbursed for direct non-salary costs which are directly attributable and properly allocable to the work. The Consultant will be required to submit a detailed listing of direct non-salary costs incurred and certify that such costs are not included in the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non-salary costs incurred during said month. The Owner shall retain from each monthly payment for construction inspection or construction administration services 0% of the amount due. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 13 of 25 Page 500 of 547 ATTACHMENT C-1 Cost Analysis Worksheet Contract STP-A-8155(757)--86-07, Construction Engineering Amendment I. Labor Cost (Prime Only) Employee Classification Hours Rate Amount Manager/ Director 0 $165.00 $0.00 Senior Engineer/Architect/ Land 48 $150.00 7,200.00 Surveyor Engineer/Architect/ Land Surveyor 16 $125.00 2,000.00 Engineer/Architect/Survey Intern 324 $100.00 32,400.00 Technician II 0 $90.00 0.00 Technician 1 4 $70.00 280.00 Administrative 9.5 $75.00 712.50 Labor Total 401.5 $42,592.50 II. Direct Project Expenses (Prime Quantity Rate Amount Only) Mileage (miles) 2,300 $0.580 $1,334.00 Reproductions (each) 100 $0.20 20.00 Postage (oz.) 50 $0.55 27.50 CAD Time (hours) 0 $14.75 0.00 Spikes/Lath 30 $1.00 30.00 Survey Supplies 0 $2.50 0.00 Total Direct Expenses = $1,411.50 III. Estimated Actual Costs (EAC) (Prime Only) (I + II) _ $44,004.00 (Rounded) IV. Contingency (Prime Only) 10% of I + II ) _ $4,400.00 (Rounded) ( V. Subconsultant Expenses Team Services (Lump Sum Fee) $3,194.35 Total Subconsultant Costs = $3,194.35 VI. Specific Rate of Compensation Agreement Total (III + IV+ V) $51,598.35 _ (Maximum Amount Payable) * Includes contingency amounts (Prime & Subconsultants) totaling $4,400.00 Total Initial Authorized Costs (Excluding All Contingency Amounts) $47,198.35 Page 14 of 25 Page 501 of 547 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 15 of 25 Page 502 of 547 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Black Hawk County I Steve McElmeel, Cedar Rapids Office Mangaer Willett, Hofmann and Associates, Inc., being duly sworn (or under penalty of perjury under the laws of the United States and the State f Iowa) do hereby certify that the above Statements are true and correct. 1_111_/'Z/Z/K (Signature) 1µ Subscr/edand sworn to this /2 'day of (mont ) (year) Page 16 of 25 Page 503 of 547 ATTACHMENT E CERTIFICATION OF CONSULTANT I hereby certify that I, Steve McElmeel, am the Cedar Rapids Office Manager and duly authorized representative of the firm of Willett, Hofmann and Associates, Inc., whose address is 625 32nd Avenue SW, Cedar Rapids, Iowa 52404, and that neither the above firm nor I has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. /Signature Date Page 17 of 25 Page 504 of 547 ATTACHMENT CERTIFICATION OF OWNER I hereby certify that I, Quentin M. Hart, am the Mayor and the duly authorized representative of the Owner, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Page 18 of 25 Page 505 of 547 ATTACHMENT G Page 6 Consultant Name Consultant Address Consultant Address Specific Rate Progressive Invoice Date Invoice No. Client Project No. Invoice Period Covered County Consultant Job No. Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime Consultant only. Page 19 of 25 Page 506 of 547 ATTACHMENT G Page 7 Consultant Name Consultant Address Consultant Address Specific Rate Final Invoice Date Invoice No. Client Project No. Invoice Period Covered County Consultant Job No. Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars (2002) Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2002) Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) Note 1: Do not include Subconsultant Expenses, Include Labor Dollars and Direct Expenses for Prime Consultant only Page 20 of 25 Page 507 of 547 ATTACHMENT G Page 8 Specific Rate Final Invoice Instructions • Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. • Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. • Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 21 of 25 Page 508 of 547 ATTACHMENT H Consultant Fee Proposal Task Hours Cost Project/Construction Administration 33 $ 4,175 Construction Observation 255 $ 26,250 Construction Documentation 90 $ 9,500 Record Drawings 5 $ 430 Construction Surveys 19 $ 2,238 Expenses $ 3,551 Total 1 402 $ 46,143 Page 22 of 25 Page 509 of 547 ATTACHMENT DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OFRESIDENT PROJECT REPRESENTATIVE Resident Project Representative A. Ament Design shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to assist Ament Design in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Attachment I may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Ament Design shall endeavor to provide further protection for City of Waterloo against defects and deficiencies in the Work. However, Ament Design shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Ament Design have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Attachment A of the Agreement are applicable. C. The duties and responsibilities of the RPR are limited to those of Ament Design in the Agreement with the City of Waterloo and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Ament Design's agent at the Site, will act as directed by and under the supervision of Ament Design, and will confer with Ament Design regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Ament Design and Contractor, keeping City of Waterloo advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with City of Waterloo with the knowledge of and under the direction of Ament Design. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Ament Design concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings,job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Ament Design's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Ament Design in serving as City of Waterloo's liaison with Contractor when Contractor's operations affect City of Waterloo's on-site operations. c. Assist in obtaining from City of Waterloo additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Ament Design when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Ament Design. Page 23 of 25 Page 510 of 547 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Ament Design of availability of Samples for examination. c. Advise Ament Design and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Ament Design. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Ament Design. Transmit to Contractor in writing decisions as issued by Ament Design. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor's work in progress to assist Ament Design in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Ament Design whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Ament Design of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Ament Design in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate City of Waterloo's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Ament Design appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Ament Design. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Ament Design's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Ament Design. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Ament Design. Page 24 of 25 Page 511 of 547 11. Reports: a. Furnish to Ament Design periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Ament Design proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Ament Design and City of Waterloo copies of all inspection, test, and system startup reports. d. Report immediately to Ament Design the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Ament Design, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Ament Design for review and forwarding to City of Waterloo prior to payment for that part of the Work. 14. Completion: a. Before Ament Design issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Ament Design, City of Waterloo, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Ament Design concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items). 2. Exceed limitations of Ament Design's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of City of Waterloo or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Ament Design. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize City of Waterloo to occupy the Project in whole or in part. Page 25 of 25 Page 512 of 547 CITY OF WATERLOO Council Communication Resolution approving an Acquisition Contract with Todd L. Chapman and Scott C. Chapman for the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street, in the amount of$33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting:2/1/2021 Prepared: 1/6/2021 ATTACHMENTS: Description Type ❑ Acq Contract Chapman Backup Material ❑ P etition Backup Material ❑ Public Comment(1) Backup Material Resolution approving an Acquisition Contract with Todd L. Chapman and SUBJECT: Scott C. Chapman for the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street, in the amount of$33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Adopt resolution The City of Waterloo acquired land at 1332 Walker Street and have entered into a Development Agreement for its rehabilitation. The lot was over 700' Summary Statement: deep, so the City kept the northern portion of the lot for additional housing infill. This acquisition would go with that northern portion of land for infill housing of 5 new residential lots, as well as allow the homeowner at 202 Fairfield Street acquire additional land for a new garage. Expenditure Required: $33,000 plus up to $5,000 in closing costs Source of Funds: Housing Bonds 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 works to acquire dilapidated houses through the 657A program for new housing infill or rehabilitation. In this location, we will have spent Background Information: approximately$35,000 and have one house rehabilitated ($70,000), gain a new garage($10,000) for an existing resident, and gain five new homes ($650,000) for a gained investment over$700,000. Page 513 of 547 CEDAR DALE PART OF LOT G BEGINNING AT NORTHEAST CORNER LOT G THENCE SOUTH ALONG EAST LINE 330 FEET THENCE NORTHWESTERLY TO A POINT 178 FEET WEST OF Legal Descriptions: EAST LINE AND 310 FEET SOUTH OF NORTH NORTHEAST THENCE NORTH ALONG A LINE PARALLEL WITH EAST LINE 310 FEET TO NORTH LINE THENCE EAST TO POINT OF BEGINNING Page 514 of 547 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Todd L. Chapman and Scott C. Chapman(collectively, "Seller") FROM: City of Waterloo, Iowa("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as tax parcel no. 8913-15-177- 011 as further described on Exhibit "A" attached hereto, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $33,000.00. The entire Purchase Price shall be due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 60 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement, at a date and time mutually agreeable to the parties. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Page 515 of 547 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. Also see paragraph 10.C. 8. ABSTRACT AND TITLE. Buyer shall pay the cost of initial abstracting. The abstract shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea-formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or 2 Page 516 of 547 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $500 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens,restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 13. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 14. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 15. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Todd and Scott Chapman c/o Timothy J. Luce, Attorney 3 Page 517 of 547 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 726 W. 4th Street Waterloo, IA 50702 Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning &Development Director 16. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 17.NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 18. ADDITIONAL PROVISIONS. (a) This Agreement is expressly subject to approval by the city council of Buyer. (b) Buyer will pay Seller's closing costs. 19. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before December 28, 2020, this Agreement shall be null and void. Dated Accepted by Seller 12/28/2020 BUYER SELLER City of Waterloo, Iowa DocuSigned by: By: F Mayor Todd L. Chapman DocuSigned by: Attest: �Cbff O ,,,,K� City Clerk """'�� Scott C. Chapman 4 Page 518 of 547 DocuSign Envelope ID: E8131BAE-2C52-41AB-B6B5-E7450344B5A3 EXHIBIT"A" Pro e�rty Description CEDAR DALE PART OF LOT G BEG AT NE COR LOT G,THENCE S ALONG E LINE 330 FT,THENCE NWLY TO PT 178 FT W OF E LINE AND 310 FT S OF N LINE, THENCE N ALONG A LINE PAR WITH E LINE 310 FT TO N LINE,THENCE E TO BEG Page 519 of 547 f -� Ie cleie A z,� ` 41- _ e We �p lee I -If 4y J r � B � � Page 520 of 547 Petition We, the undersigned, are neighbors to the area, which we have referred to as "the Woods" which is bounded by Walker, Cedar Bend, Fairfield, and Normandy Streets in Northwest Waterloo. We, as this described neighborhood, are opposed to the destruction of"the Woods" for the sake of a cul-de-sac development or anything similar. Many of us purchased our homes and continue to live here because of"the Woods". Losing "the Woods" would mean a loss to our property's value, to our peace, to our serenity and to our Quality of Life. Name Address Date 1 � 3.) mAwdt 4 i�f /,5 -o 2n a 4 )Y a 21 12o -- Z r� � -�- E 1 - a 94 10 Page 521 of 547 Pet---�t. e, the undersigned, are nei hb „ g ors to the area, which we have referred to as "the Dods which is bounded by Walker Bend, Fairfield, and Normand Streets , Cedar We, as this described neighborhood, are Opposed o Waterloo.- destruction of"the pp®sed to the devel® ®ods"for the sake of a cul-de-sac development or anything similar. Many of us purchased our homes and Conti Of"the Woods". Losing„the Woods" nue to live here because property's value, to our peace, to our serenity loss to our Life. y d to our Quality of N—_Me dress Da te a 2.) 3.) 4. S.) ` C � 7. 8.) _ 5 10.) 6'r 13§-o mar- _:Zh11.) Ct��'��1� - � d Page 522 of 547 ) �2O 16.) S- LZ LLD 19.) 2®.) 1.) 22.) 23.) 24•.) 25.) 26.) 27.) 28.) 29.) 30.) 31.) 3 .) Page 523 of 547 C, -2-FT ko V/ /2— o 2-0 14. L► �I' � l c�Y e��5 �✓ �7 C� 15.) 17.) L 2� 1�0� G �7 . 1 q.1 DZY 76 21 cry, 22.) 23.) 24.) 25.) 26.) 27.) 28.) 29.) 30.) 31.) 32.) Page 524 of 547 Petition We, the undersigned, are neighbors to the area, which we have referred to as "the Woods" which is bounded by Walker, Cedar Bend, Fairfield, and Normandy Streets in Northwest Waterloo. We, as this described neighborhood, are opposed to the destruction of"the Woods" for the sake of a caul-de-sac development or anything similar. Many of us purchased our homes and continue to live here because of"the Woods". Losing "the Woods" would mean a loss to our property's value, to our peace, to our serenity and to our Quality of Life. Name Address Date 1.) I ( n�/b�] �� 'a3d, �a;��,Q `b -- 6 z d 2-0 / et 4.) V- 12d 0 04"� NZID 6.) �� 7. (O`tO gv►.d (7`� r /zL/ J Page 525 of 547 l 13. ✓5j® �J�� �J /z-0 04 is edal 16. Ar i-I.nz- -70 cf 1 Y 21.) 22.) ' 012 24. �` �p r - NUA 1 3®.) n ri-O IV-5vikd 3 LF,-,WAY q LLL /#32. C_2 Page 526 of 547 33.) 34. 4 36.) 39. 3 - �1�-Q 41.E 42. Al I v6TYNWj, 4 4)�, 45.) 1 -74� 46.)M,4 47.) Eulet a l 4t dOei 48.) 49.)_ l 50.) cat Page 527 of 547 From: KELLEY FELCHLE To: Nancy Hiq Subject: FW: Waterloo City Council Resolution#13 January 19,2021 Date: Thursday,January 21,2021 12:17:02 PM Kelley Felchle City Clerk City of Waterloo 715 Mulberry Street Waterloo,Iowa 50703 (319)291-4323 PURSUANT TO IOWA CODE CHAPTER 22 E-MAIL COMMUNICATION TO AND FROM THIS ADDRESS MAY BE SUBJECT TO PUBLIC DISCLOSURE. -----Original Message----- From:Kendra Wyatt<Kendra.Wyatt@WATERLOO-IA.ORG> Sent:Thursday,January 21,2021 12:10 PM To:QUENTIN HART<QUENTIN.HART@WATERLOO-IA.ORG>;KELLEY FELCHLE <KELLEY.FELCHLE@ WATERLOO-IA.ORG> Subject:FW:Waterloo City Council Resolution#13 January 19,2021 From:Tony McGrane[tonymcgrane@mchsi.com] Sent:Thursday,January 21,2021 11:51 AM To: Sharon Juon;Dave Boesen;Margaret Klein;Jonathan Grieder;Pat Morrissey;Jerome Amos Jr;Ray Feuss Cc:Mayor Subject:Waterloo City Council Resolution#13 January 19,2021 Dear Waterloo City Council, This is a follow-up email to the one we sent you Monday night regarding Resolution#13 from the City Council meeting on Tuesday,January 19,2021. Sherry and I applaud you for not approving it without further research.We encourage you all to drive down our street to see the charm and character of this quiet,established neighborhood before making your decision at the next meeting. We realize that we cannot control what happens on property that we do not own,but we moved into this neighborhood 5 '/2 years ago knowing that there had not been any development on this street since 1956.Jerry Chapman had his 1.3-acre lot listed for sale at the time,but nobody was interested in buying an overgrown dumpsite,especially after the flood of 2008 filled the basements of the adjacent properties with floodwater.Jerry died a few years ago,and his sons inherited this property;they did not purchase it for speculation or future development.If we had purchased a home on Winston Place,Audubon Drive or Marigold Drive,we would be naive to think that there would never be any development in the surrounding fields.There are better places on this side of town to develop than this neighborhood.In 15 minutes of research on htU2s://www.blackhawkcounly.iowa.gov/377/Real-Estate-Maiming we were able to find over 100 acres of undeveloped city-owned property in residential areas on the east side of the river;some of these areas are already plotted for streets and new homes would probably be welcomed by the neighbors. We do not know who this developer is,or how he/she was able to convince the city to spend up to$38,000 on a lot that Jerry Chapman was unable to sell when he had it listed.Is this developer going to live in one of these houses, are they going to come in and destroy the character or our neighborhood and take their money and run?How long have they been paying taxes in Waterloo?Are they registered to vote in city elections?Did they put one of your election signs in their yard or help any of you put your signs in other people's yards throughout the city?We are not opposed to the construction of one home on the 1.3-acre lot owned by the Chapman's,or Gary Stephens' garage Page 528 of 547 project on the city-owned property,but we are opposed to the construction of four or five new homes which would double the traffic on our dead-end street. We have a draft of this development from The City of Waterloo,Iowa,Engineering Department dated 6/22/2020.It shows the cul-de-sac,four(not five)residential building lots,a.236-acre plot for a Storm Water Management Area, and the 185.5'x 100' lot for Gary Stephens garage project.We are not sure what a Storm Water Management Area is,but are assuming that it is something similar to the mosquito-infested area behind Dave Roche's property a block west of our house.This neighborhood does not need any more mosquito breeding grounds! According to htWs://www.ciiyofwaterlooiowa.com The City of Waterloo has been named a Tree City USA by the National Arbor Day Foundation,and is the 1 st Bird Friendly Community in Iowa.Replacing the trees and brush for this development is contradictory to both of those titles.The birds and wildlife need this area for a refuge from the feral cats that overrun this neighborhood.The neighbors put out bird feeders for the songbirds,and according to haps:LLwww.cedarbendhumane.org/services/animal-control/tnr the city releases stray cats(an invasive predatory species)that prey on the songbirds and wildlife. We are sorry that we were unable to participate in The City Council meeting on the 19th;we were already committed to the Parish Council meeting for Queen of Peace Church at that time. Sherry and I are encouraging you all to read the petition signed by the people of this neighborhood,view the area for yourselves,review the draft of the proposed development and not approve this resolution. Respectfully yours, Anthony&Sherry McGrane 229 Fairfield Street Waterloo,Iowa 50703 (319)230-8305 tonymcgrane@mchsi.com Sent from Mail<https://go.microsoft.com/fwlink/?Linkld=550986>for Windows 10 Page 529 of 547 CITY OF WATERLOO Council Communication Motion approving denial of an application for a Class C Liquor License for Deme' Enterprise, LLC, DBA Deme' Day Spa, located at 3261 University Avenue. City Council Meeting:2/1/2021 Prepared: 1/20/2021 Submitted by: Submitted By:Kelley Felchle, City Clerk Recommended Action: Staff recommend approving the denial of the application. Staff recommend denying an application for a Class C Liquor License for Deme' Enterprise, LLC, DBA Deme' Day Spa, located at 3261 University Avenue. Denial is recommend because the applicant does not meet the general requirements for receiving a liquor license. One of the requirements for holding a liquor license is the applicant must have good financial standing and reputation. When evaluating an applicant's "good reputation,"the local Summary Statement: authority may consider such factors as whether the licensee has convictions for violations of laws relating to operating a motor vehicle while under the influence of drugs or alcohol, and if a licensee has misdemeanor convictions. The applicant was convicted of Operating While Intoxicated— First Offense on April 13, 2018 and Criminal Mischief 3rd, an aggravated misdemeanor, on July 27, 2018. Page 530 of 547 CITY OF WATERLOO Council Communication Motion approving Change Order No. 4 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $88,881, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting:2/1/2021 Prepared:2/1/2021 ATTACHMENTS: Description Type ❑ Change Order#4 - 5 Bros Addition-Reno Backup Material Motion approving Change Order No. 4 with Cardinal Construction, of SUBJECT: Waterloo, Iowa, for a net increase of$88,881, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: Cost for Firewall Revisions per PR-03R Page 531 of 547 -:.• � Document G701 - 2017 Change Order PROJECT:(Nance and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For.General Construction Change Order Number:004 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 date:January 29,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Narne and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,IA 50703 Waterloo,1A 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description oj'the change and, ij'applicahle, attach or reference specific ezliihit.s-Also include agreed upon adjusnirents attributable to executed Consiniclivn Change Directives.) A. Cost for Firewall Revisions per PR-03R..........................................................................................Add $88,881.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$88,881.00, The original Contract Sum was $ 5,516,300.00 The net change by previously authorized Change Orders $ 21,307.00 The Contract Sum prior to this Change Order was $ 5,537,607.00 The Contract Sum will be increased by this Change Order in the amount of $ 88,881.00 The new Contract Sum including this Change Order will be $ 5,626,488.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. Please reference attached comments regarding completion date. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(TSG) Cardinal Construction,Inc. City of Waterloo ARCHITECT(Firm name) CO CTOR(Finn name) OWNER(Fit-in naive) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,Architect Katy Susong,President Quentin Bart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE January 29,2021 January 29,2021 DATE DATE DATE AIA Document G701'"—2017.Copyright(0 1879,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"Amercar Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permissions.This document was produced by AIA software at 16:49:18 ET on 01/29/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (359ADA4B) Page 532 of 547 CARDINAL CONSTRUCTION Five Sullivan Brothers Convention Center Addition & Remodel Date: January 29, 2027 The overall substantial completion date of the project will not be impacted by this PR, however, the March 191h substantial completion date of the remodel portion of the project will be impacted due to the lead times of materials and the time required for installation once materials are delivered. For example, the fire dampers will not be released until this PR is approved and they have a 4 to 6 week lead time, plus install time, and time to finish installing ceilings afterwards. Also,there appears to be an issue with the transfer fans that were just approved. Plumb Tech needs to figure out exactly what the issue is, but they may not be delivered prior to the March 19' date. Doors and hardware have a 7 to 9 week lead time, plus install time,and time to paint afterwards.The only doors/frames/hardware not impacted by PR-3 are openings 124A, S4, and S6.These are the only openings that have been released at this point. 1246 Martin Road Waterloo, Iowa 50701 (319) 232-5400 P (319) 232-2262 F www.cardinalconst.com Page 533 of 547 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes December 2020. City Council Meeting:2/1/2021 Prepared: 1/13/2021 ATTACHMENTS: Description Type ❑ Board Meeting Minutes December 2020 Backup Material SUBJECT: Community Development Board Meeting minutes December 2020. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 534 of 547 Community Development Meeting Minutes November 17, 2020 I. Call to order John Chiles called to order the regular meeting of the Community Development Board via zoom at 4:00 p.m. on Tuesday November 17, 2020. Chiles asked for an approval of the agenda for November 17, 2020. It was moved by Leistikow and seconded by Weekley to approve the agenda. Motion carried. I1. Roll call John Chiles asked for a motion to approve the minutes for October 2020. It was moved by Leistikow and seconded by Weekley to approve the minutes for October 2024. Motion carried. Present: Chairperson John Chiles, Cody Leistikow, Cam Campbell, Angela Weekley, Zach Hansen, and Felicia Carter Members Absent: Jenna Northey Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Jerome Amos, City Council III. Approval of minutes from last meeting John Chiles asked for a motion to approve the minutes for October 2020. It was moved by Leistikow and seconded by Weekley to approve the minutes for October 2020. Motion carried. IV. Old Business: a) Staff Updates and Lead Grants: Our rehab staff attended a lead certification refresher course and Mindy Smith, our intake specialist,passed the CDBG primer training which covers the basics of CDBG and its regulations. Community Development also offered more lead grant worker training the week of November 16t". Staff will be going in to negotiations at the end of the week with HUD for the upcoming lead grant. Staff is still taking daily precautions to stay healthy and not be exposed to COVD-19. Page 535 of 547 b) COVID-19 Applications: All applicants have been notified on whether they received funds or not. Staff is working on getting all the needed documents in the files that HUD determines is necessary. The finance department has entered the budget amounts for the CARES money in their system. Staff will begin the work on the contracts needed for each sub recipient. c) Amendment to Mortgage upon Death Policy: The Ianguage has been amended on the policy to state that if there is an income eligible family member that is willing to abide by the same rules as the current applicant or lien holder, upon the death of the lien holder the heir can transfer the property into their name and basically"take "over the remainder of the loan until the period of affordability has expired. V. New Business: a) Endorse Contracts October 2020: John Chiles asked for a motion to approve the contracts. Leistikow made a motion to approve contracts for October 2020 and the motion was seconded by Hansen. Motion carried. b) Neighborhood Services: A report was presented to the board about the upcoming events and activities. c) Subcommittee Selection for New Funding Cycle: John Chiles,Zach Hansen and Felicia Carter will be on the subcommittee for the FY22 Annual Action Plan funding cycle. VI. Discussion Items: a. Informational Forum November 12: A zoom meeting was held in council chambers with several possible sub recipients. The organizations that were in attendance were One City, Americans for Independent Living, Cedar Valley Clubs, Northeast Iowa Food Bank, Johnny B Construction, Operation Threshold, Legal Aid, and Iowa Heartland Habitat for Humanity. Fordyce explained the application and the process. b. Being Proud to live in Waterloo- A discussion initiated by John Chiles was held on possible ways or avenues that can be taken for residents to show pride in their community. Weekley suggested touching base with organizations that have already been formed for this.. VII. Adjournment Page 536 of 547 It was moved by Campbell and seconded by Weekley to adjourn the meeting. Motion carried. Meeting Adjourned. Minutes submitted by: Cody Leistikow Minutes approved by: Board Page 537 of 547 CITY OF WATERLOO Council Communication Planning, Programming and Zoning minutes of December 2020. City Council Meeting:2/1/2021 Prepared: 1/14/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Planning, Programming and Zoning minutes of December 2020. Submitted by: Submitted By: Page 538 of 547 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. DECEMBER 1, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: None Members present electronically were: Virginia Wilber, Steve Trost, Patrisha Serfling, Sue Flynn, Sylvia Jackson, Cody Leistikow, Craig Holdiman, Brandon Schoborg and Eric Donat. Members absent were: None Others present: John Dornoff—Planning Department. Others present electronically: Aric Schroeder, Tim Andera, Seth Hyberger and Chris Western—Planning Department and Steve Troskey—CGA Engineers. I. Approval of the Agenda It was moved by Holdiman, seconded by Leistikow to approve the agenda as amended adding section VI Voting for Chairperson and Vice-Chairperson. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on November 10, 2020. It was moved by Holdiman, seconded by Donat to approve the minutes. Motion carried unanimously. III. Financial Report October 2020 Schroeder read the financial report. It was moved by Trost, seconded by Schoborg to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Special Permit 1. Request by Steve Troskey for a Special Permit to allow for multiple two-family homes on two lots in the "R-2" One and Two Family Residence District located north and east of 603 South Hackett Road. Dornoff read the staff report recommending approval of the special permit request. There were no comments on this request. It was moved by Trost, seconded by Donat to recommend approval of the special permit request. Motion carried unanimously. Page 539 of 547 Planning and Zoning Commission December 1,2020 B. Plats 1. Request by Steve Troskey for the Final Plat of Gardener Addition a two lot residential subdivision in the "R-2" One and Two Family Residence District located north and east of 603 South Hackett Avenue. Dornoff read the staff report recommending approval of the plat request with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Steve Troskey, CGA Engineers stated he was available to answer questions. Donat asked if there would be any restrictions on who could purchase homes in the subdivision to which Troskey answered that he is the engineer for the project but knows that there will be no restrictions on who could purchase homes. Flynn asked if there was a problem that the name on the preliminary plat is different from the final plat; what does the June, 2020 date mean, and explanation of value to be donated to city to Schroeder stated that the name did change from the preliminary plat to the final plat however the plat name is not final until it is recorded by the county recorder and after that it would be difficult to change the name. Schroder also stated that the preliminary plat was recommended for approval by the Planning, Programming and Zoning Commission on June 2, 2020 and approved by the City Council on June 22, 2020 but that does not finalize the name. To change the name after it has been recorded would much more difficult and the value to be donated will be the right-of-way of Bergen Drive. Holdiman asked of the lots would be sold individually to which Troskey stated yes although someone could purchase both sides of a duplex. Trost commented that the developer and staff should be commended for creating a great in-fill project that will add value to the area. It was moved by Leistikow, seconded by Donat to recommend approval of the plat with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Motion carried unanimously. C. Zoning Ordinance Amendments 1. Amendment to the City of Waterloo Zoning Ordinance for multiple changes and updates. Schroeder explained the proposed changes. Donat asked if there is an error in the title does it need to go through the process of being amended to which Schroeder responded that if it is just an error in the printed manuals then it can be changed but if it is an error in the actual ordinance then it must formally be changed. Flynn asked for clarification on what was on the page before the first page with the amendments to which Schroeder explained. It was moved by Donat, seconded by Serfling to recommend approval of Zoning Ordinance Amendments. Motion carried unanimously. VI. Voting for Chairperson and Vice Chairperson If was moved by Trost, seconded by Holdiman to nominate Wilber to be Chair for 2021. Motion carried unanimously. - 2 - Page 540 of 547 Planning and Zoning Commission December 1,2020 Donat nominated himself for Vice-Chair,Serfling nominated Holdiman for Vice-Chair, and Holdiman nominates Trost for Vice-Chair. Holdiman received S votes (Serfling, Wilber, Flynn, Leistikow, and Holdiman), Trost received 3 votes (Trost, Jackson, and Schoborg),Donat received I vote(Donat). Holdiman was appointed as Vice-Chair for 2021. VII. Discussion Commissioners discussed the possibility of moving the meeting from the 1St Tuesday of the month to the 2nd Tuesday of the month if the city council votes to change from 4 meetings a month to two meetings on the 1St and Yd Mondays. Schroeder explained that changing the meetings would have the benefit of having few conflicts with holidays and the city council having to change their meeting and the new meeting schedule will work better to get items onto the city council agenda and the BOA agenda. Flynn stated that she may have a conflict with moving the meeting due to a subcommittee of the school board she serves on and would check. The next meeting of the Planning, Programming and Zoning Commission will be on January 5th*, 2020 at this time baring changes due to the city council passing an Ordinance changing the dates of their meetings. *Note, the meeting was subsequently moved to January 12th VIII. Adjournment It was moved by Holdiman, seconded by Donut, to adjourn the meeting at 4:56 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I - 3 - Page 541 of 547 CITY OF WATERLOO Council Communication Leisure Services Commission Board minutes of December 8, 2020. City Council Meeting:2/1/2021 Prepared: ATTACHMENTS: Description Type 0 12/8/2020 Minutes Backup Material SUBJECT: Leisure Services Commission Board minutes of December 8, 2020. Submitted by: Submitted By: Page 542 of 547 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, December 8, 2020 ZOOM Conference Call This meeting was held by ZOOM conference call. Brenda Durbahn called the meeting to order at 7:30am. Present: Brenda Durbahn, Jadyn Spencer, Tom Christensen, Bob Bamsey, Sharon Samec, Tom Powers, Tim Moses, Council Liaison Dave Boesen. Staff: Paul Huting, Travis Nichols, Mark Gallagher, Todd Derifield, JB Bolger and Chris Dolan Brenda Durbahn called for approval of the agenda. Motion to approve amended agenda by Sharon Samec, second by Tom Powers Ayes: all Nayes: none Brenda Durbahn called for motion for approval of the November 10, 2020 meeting minutes. Motion by Bob Bamsey to approve minutes, second by Tom Christensen Ayes: all Nayes: none Brenda Durbahn called for approval of the bills. Sharon Samec made a motion to approve bilis, second by Tom Powers Ayes: all Nayes: none STAFF UPDATES Forestry — Todd Derifield Forestry crew is continuingto Trim and Remove trees in parks and along right of ways. Just finished a stump removal contract for right of way stumps. Greenbelt Lake REAP Grant Project plans have been finalized and have now gone out to bid. This project consists of a handicap accessible fishing pier, 2 stalls of handicap parking, a i sidewalk to connect the parking to the pier, and improvements at 8 locations around the lake to offer better access to the lake from the perimeter trail. Leisure Services received $50,000 from the Young Family Foundation to use towards 1) Plant Waterloo tree E distribution program ($20,000); 2) Planting trees in parks ($10,000); 3) Pollinator plantings in public properties ($20,000). Construction -- Travis Nichols The construction crew is running a modified winter garbage route which reduces the days from 5 days a week to 2 days per week. The crew continues to do weekly park inspections and general maintenance in parks and Leisure facilities. The crew did concrete repairs at Iry Warren and the Public Market. The repairs to the Cedar Prairie Trail Bridges have been completed. The Greenbelt Lake project is out to bid. The Young Arena Roof Project is near completion. We are waiting on the Firestone Warranty walk through. The concrete aprons for the chemical storage building have been started but they are shut down now until spring. The tennis resurfacing project and Hope Martin Shelter Project will start in the spring. Page 543 of 547 i I Young Arena — Chris Dolan The Black Hawks played their first home game on Friday December 4thvs Sioux Falls. Attendance was limited to season ticket holders. Waterloo Youth HockeyNVarriors HS HockeylWAHA Adult Hockey have not skated since November 17t". Hockey teams are E waiting for update from Governor's office on when they can return to play. Young Arena staff will be working with all ice user groups on rescheduling missed games. The Battle of Waterloo Wrestling and the Hawkeye Nationals Wrestling Tournaments are canceled due to Covid concerns. The events were to take place at Young Arena December 18- 20.The East Roof replacement is completed. Sports and SportsPlex — Mark Gallagher SportPlex • Governor's proclamation has limited us to rentals based around instructional activities • Budget has been impacted greatly by enhanced sanitizing efforts • Jefferson Street is now open • New Group Fitness Schedule has begun • Katy Moeller has resigned to work for her family business Sports • In a holding pattern for youth and adult sports due to Governor's Proclamation • Working on potential smaller programs • Grant application turned into BHCGA for a portion of the Ballard*King Aquatics Master Plan, will hear in January • Booking Tennis Tournaments and Baseball/Softball Tournaments Golf and Downtown Area —JB Bolger • Golf courses are still open. Winter rate of$101round in effect. • Rounds report- up almost 10,000 rounds through the end of November. Optimistic that this uptick in play will carry over into the 2021 season. • Golf crews have tuned up cross country ski trail grooming equipment and it is ready to go when we do get snow. • We had record amounts of geese in the amphitheater last week. We have been E borrowing the laser we purchased for usage at Gates to encourage them to move elsewhere. We have also ordered some coyote decoys that we will deploy when t they arrive to try and help with this issue. • We are studying University Ave from a snow removal standpoint. As recently as 1217120 more sidewalks were being poured that will need snow removal this season. • 2021 Golf season passes and punch tickets are now on sale. They are available for purchase at the pro shops. Our office remains closed to the public. Passes ` will continue to be for sale at South Hills after the courses close because they have the golf simulator opened up for the year. r Page 544 of 547 The next regular Leisure Services Commission Meeting will be held Tuesday, January 12, 2021. The meeting will be held through zoom. Sharon Samec made�a motion to adjourn, second by Tom Christensen. Brenda Durbah a' journed t e meeting at 8:14am. Sha`r Samec, Secretary Signed this Date Page 545 of 547 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board minutes of January 19, 2021. City Council Meeting:2/1/2021 Prepared: 1/20/2021 ATTACHMENTS: Description Type ❑ WHA Board Minutes 01/19/2021 Cover Memo SUBJECT: Waterloo Housing Authority Board minutes of January 19, 2021. Submitted by: Submitted By: Julie Dawson, Director Page 546 of 547 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Tuesday,January 19, 2021 at 4:45 PM(Zoom Meeting) Harold E. Getty Council Chambers—Waterloo City Hall Members Present: Boesen,Grieder,Klein,Morrissey,Feuss,Juon,Amos The meeting was called to order at 4:42 p.m.by Chairperson Klein. Motioned by Sharon Juon, seconded by Jerome Amos to approve the minutes of the November 16,2020 meeting and the agenda as proposed. Julie Dawson pointed out a correction to Item#1 under New Business: it should by the FY2021 Annual PHA Plan,not the FY2020 Annual PHA Plan. Both Ms. Juon and Mr. Amos agreed to this correction. Ayes: All Motion: Carried. New Business Motioned by Ray Feuss, seconded by Jerome Amos to approve the request for authorization to set the date of public hearing for the FY2021Annual PHA Plan, and the revised 5-Year Public Housing Capital Fund Action Plan. Ayes: All—Motion Carried Motioned by Ray Feuss, seconded by Jerome Amos to approve HAPPY (MRI) Software prorated contract fees from 12/1/2020 through 3/31/2021 in the amount of$4,266.67. Ayes: All—Motion Carried Motioned by Ray Feuss, seconded by Jerome Amos to approve the HAPPY (MRI) Software contract renewal in the amount of$39,693.24. Ayes: All—Motion Carried Motioned by Ray Feuss, seconded by Sharon Juon to approve the Housing Authority's application for up to 25 Foster Youth to Independence (FYI) vouchers from the Department of Housing and Urban Development; to approve a Memorandum of Understanding between the City of Waterloo Housing Authority and the Iowa Department of Human Services for the FYI Program; and to approve of a waiting list special admission for FYI referrals from DHS, as well as a new section for FYI vouchers in the Waterloo Housing Authority's Administrative Plan. Ayes: All—Motion Carried Motioned by Ray Feuss, seconded by Sharon Juon 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 Jerome Amos, seconded by Sharon Juonr to adjourn the meeting at 4:48 p.m. Ayes: All—Motion Carried SM Page 547 of 547