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HomeMy WebLinkAbout03/21/2011 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MARCH 21, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The 'oral presentations' section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these general rules". 4. You may speak one(1)time per item for a maximum of three (3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. March 21, 2011 Page 2 Agenda, as proposed or amended. Minutes of March 14, 2011, Regular Session, as proposed. Proclamation declaring March 27, 2011 as National Exchange Club Day. Presentation of Iowa State University Extension of BIack Hawk County - March 21-25, 2011 Extension Week. 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Officers Dave Bovy, Iowa Governor's Des Moines, April 12- $590.00 Tom Sullivan, Mark Highway Traffic Iowa 13, Nissen and Brad Safety Conference 2011 Walter 2. Rudy Jones, Iowa NAHRO Coralville, April 13- $615.00 Community Annual Iowa 15, Development Conference 2011 Director 3. Sergeant Augustin 2011 USPCA Des Moines, April 10- $754.00 Fanner; Officer All annual Narcotics Iowa 11, Bovy; Officer Steve Detection 2011 Bose Certification Trials 4. Mark Boesen, IAHO Spring Waterloo, April 6- $750.00 Manager of Rehab Conference Iowa 8, 2011 Services; Jon Martin, Rehab/Relocation Specialist; Matt Chesmore, Rehab/Relocation Specialist March 21, 2011 Page 3 5. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Lyn Tackett Planning & Zoning New y Commission March 21, 2014 Appointment Pam Johnson ADA Compliance March 21, 2014 New Commission Appointment John Sherbon Cable Commission December 31, New 2013 Appointment Class C Beer License Permit Application 6. Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/12) (Includes Sunday Sales) 7. Casey's General Store #2880, 1604 LaPorte Road (Ownership Change) 8. Casey's General Store #2879, 3260 University Avenue (Ownership Change) 9. Logan Avenue Convenience Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) Class A Liquor License Permit Application 10. Knights of Pythias -Furgerson Lodge #5, 244 Ash Street (Renewal) (Expires 3/8/12) (Includes Sunday Sales) Class B Liquor License Permit Application 11. The Isle Casino Hotel, 777 Isle of Capri Boulevard (Renewal) (Expires 4/30/12) (Includes Sunday Sales) Class C Liquor License Permit Application 12. J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/12) (Includes Sunday Sales) 13. Fiesta Jalisco, 350 Fletcher Avenue (Renewal) (Expires 4/5/12) (Includes Sunday Sales) 14. Fortunes, 328 Elm Street (Renewal) (Expires 3/27/12) (Includes Sunday Sales) Class E Liquor License Permit Application 15. Logan Avenue Convenience Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) Class B Wine License Permit Application 16. Logan Avenue Convenience Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) 17. The Isle Casino Hotel, 777 Isle of Capri Boulevard (Renewal) (Expires 4/30/12) (Includes Sunday Sales) March 21, 2011 Page 4 Outdoor Service Area Application 18. The Isle Casino Hotel, 777 Isle of Capri Boulevard Cigarette Permit Application 19. Wishbone, 201 W. 18th Street 20. Bonds RESOLUTIONS 2. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction of Cedar Falls, Iowa at a total cost of$4,957,005.45 in conjunction with Runway 18/36 Rehabilitation project at Waterloo Regional Airport. Submitted by Bradley Hagen, Airport Director 3. Resolution approving Conditional Offer Form for the Acceptance of Purchase Offer for 134 acres of wooded land on. San Souci Island Parcel No. 8913-15-301-001, Sans Souci Association, Inc., in the amount of $255,000.00; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 4. Resolution approving recommendation of award of bid to Harrison Truck Center of Elk Run Heights, Iowa in the amount of$124,582.09 in conjunction with the Purchase of One (1) Rear Load Garbage Truck. Submitted by Mark Rice, Superintendent of Central Garage 5. Resolution approving recommendation of award of contract to Floor Decor of Waterloo, Iowa in the amount of$23,891.51 in conjunction with Library Third Floor Carpet Replacement. Submitted by Craig Clark, Building Official/Maintenance Administrator 6. Resolution approving Contract, Bonds and Certificates of Insurance in the amount of$23,891.51 to Floor Decor of Waterloo, Iowa in conjunction with Library Third Floor Carpet Replacement. Submitted by Craig Clark, Building Official/Maintenance Administrator March 21, 2011 Page 5 7. Resolution approving recommendation of award of bid to Demco, Inc. of Madison, Wisconsin in the amount of$97,390.00 in conjunction with Public Library's Radio Frequency Identification (RFID) Conversion Project. Submitted by Sheryl McGovern, Library Director 8. Resolution approving First Amendment to Development Agreement with Black Hawk Contracting and Development Co. of Waterloo, Iowa to change the value of the 5 single-family houses to be constructed in the 200 block of East 8th Street; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 9. Resolution approving agreement with Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa in the amount of$16,000.00 for engineering services in conjunction with 2011 REAP Riverview Recreation Area Passive Unit Enhancements; and authorize Mayor to execute said document. Submitted by Rick Curran, Leisure Services Facilities Manager 10. Resolution approving Professional Services Agreement with JDE Engineering of LaPorte City, Iowa in an amount not to exceed $36,938.90 for construction related services in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer 11. Motion approving Change Order No. 16 for a net increase of$18,093.38 for work performed by K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2007 Riverloop Exposition Plaza- Phase 1, Contract No. 721. Submitted by Jamie Knutson, P.E., Associate Engineer 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa at a total cost of$3,289,133.30 in conjunction with F.Y. 2007 Riverloop Exposition Plaza-Phase 1, Contract No. 721, and receive and file two-year maintenance bond. Submitted by Eric Thorson, P.E., City Engineer March 21, 2011 Page 6 13. Resolution setting date of hearing as April 4, 2011 to approve the request of Mr. and Mrs. Ickey Buchanan for the sale and conveyance of city-owned property generally located at 215-217 Courtland Street at a cost of $750.00 per lot minus cleanup costs of$1,000.00 for the purpose of building a 3-stall garage on the property; and authorize City Clerk to publish notice of same. Submitted by Noel Anderson, Community Planning& Development Director OTHER COUNCIL BUSINESS 14. Public Library's Radio Frequency Identification (RFID) Conversion Project - Phase 2 Motion to instruct Library Director to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution instructing City Clerk to publish notice of specifications, bid document, etc. Set date of hearing as April 11, 2011. (Bids will be opened April 11, 2011 at Library Board of Trustees meeting) Submitted by Sheryl McGovern, Library Director 15. Demolition and Site Clearance Project, Contract No. 172-D-GO-04-08-11 for the following properties: 233 Ash Street; 325-327 Clay Street; 425 Clay Street; 1121 South Street; 1309 W. 2nd Street; 720 W. Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 E. 1st Street; 326 Center Street; and alternate address of 715 Vinton Street Motion to instruct Contract and Grants Coordinator to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution instructing City Clerk to publish notice of plans, specifications, form of contract, etc. Set date of hearing and bid opening as April 11, 2011. Submitted by Louis Starks, Contracts and Grants Coordinator March 21, 2011 Page 7 16. Demolition and Site CIearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications,form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. Resolution preliminarily approving Request for Proposals, plans, specifications,form of contract, etc. Resolution setting date of hearing and bid opening as April 11, 2011 and instructing City Clerk to publish notice of Request for Proposals, plans, specifications,form of contract, etc. Submitted by Arlo Schroeder, City Planner ORAL PRESENTATIONS Motion to receive and file oral comments. Motion to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of acquisition of property pursuant to Iowa Code Section 21.5(1)(0(2009). Motion to adjourn Executive Session. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, March 21, 2011 3:45 p.m. - Council Work Session, Council Chambers 4:15 p.m. - Council Work Session, Council Chambers 4:35 p.m. -Public Works Committee, Council Chambers 4:40 p.m. -Building and Grounds Committee, Council Chambers 4:45 p.m. - Boards and Commissions Committee, Council Chambers 4:50 p.m. - Public Safety Committee, Council Chambers 4:55 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers March 21, 2011 Page 8 PUBLIC INFORMATION 1. Civil Services Commission minutes of February 18, 2011 on file in the City Clerk's office. 2. Leisure Services Commission minutes of February 8, 2011 on file in the City Clerk's office. 3. Community Development Board Meeting minutes of February 15, 2011 on file in the City Clerk's office. 4. Community Development Board Public Hearing For Citizen Input on the FY2012 CDBG and HOME Program minutes of February 15, 2011 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2011 MidPort Boulevard Extension -Phase II, Contract No. 802 Pay estimate No. 1 to AECOM in the total amount due of$25,593.42 2. Asbestos Removal/Demolition Project, Contract No. 138-AR-12-20-10 Pay estimate No. 1 to Advanced Environmental in the total amount due of $18,680.50 3. Park Avenue Bridge Conceptual Design & Public Involvement Services Pay estimate No. 7 to AECOM in the total amount due of$11,044.88 4. U.S. Hwy 63 West Shaulis Road Extension, Contract No. 784 Final Design Phase NHSX-63-6(69)-3H-07 Pay estimate No. 5 to AECOM in the total amount due of$38,202.62 W'LOO TY OF i CouRTER CLERK'S CIOFFIICE AD NUMBER PAGE NO. 1345471 1 of 1 715 MULBERRY WATERLOO, IA 50703 BILL DATE SALESPERSON 319-291-4323 04/05/11 mill) START DATE STOP DATE 04/05/11 04/05/11 AD NUMBER AD DESCRIPTION CLASS LINES 1345471 MARCH 21 MINUTES 0950 LEGAL NOTICE 714 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $309.88 TOTAL AD CHARGE $309.88 Purchase Order 719616 PAY THIS AMOUNT $309.88 $309.88 COURIER COMMUNICATION; Please send only the payment slip with payments. Allow 5 business days cio LEE NEWSPAPERS for payment to be applied to account. For legal questions, please call PO BOX 540 319-291-1411 or 800-798-1741 Mon-Fri 8:00-5:00 pm CST. WATERLOO IA 50704-0540 Return this portion with your payment Legal COURIER COMMUNICATIONS - II Check# L i Credit Card Ad Number ' 1345471 L c/o LEE NEWSPAPERS ❑ ,,,m; ❑ TM ❑ go ❑ Billing Date 04/05111 PO BOX 540 WATERLOO IA 50704-0540 Acct#: Amount Due ! $ 309.88 Exp. Date: Amount Name on credit card - Enclosed Signature -- Please make checks payable to: COURIER COMMUNICATIONS 000434 COURIER COMMUNICATIONS E W'LOO CITY OF c/o LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO, IA 50703 IIIIIIr Il Ir11I1II11Iiiiiiir1l Illllllllllllrrlitini I11Ir1nr11 21780300000013454710000000000000003098800000309884 a. STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1345471 MARCH 21 MINUTES notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 04/05/2011, in the issues of 04/05/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said BMC AGGREGATES LC - MTRLS March 21,2011 The Council of the City. 4,435.02 newspaper, and that the following is a correct of Wetedoo, Iowa, met in Regular ses- 7 BOOUIST,MATT-REIMB 35.00 Sion at City Hall Council Chambers,Wa- BOUND TREE MEDICAL LLC - SUPP bill for publishingsaid notice . terloo Iowa, at 5:30 m., on Monday, M1 , old ie _...,._. 2Aierug3 Li uoµoun(uoo u! o3oyd leuay pue jlotlas puepan!aoa,eq 'ILOZ'bZ Aleaga3 3 f µe3S 41!m 3ag,e6o3'laid Answw8wd 6u! .leuno0 oopeteM aql u! peysggnd Printer' s Bill $3 0 9 . 8 8 r -nadde uonn!oseu„ leyl ladlaM/sauof 'sad a°loolj pets',Uwq!T uo 6uueaq: 'LL l -gnd;o aoµou so uoµeolgnd so;oold 3e i -LLOZ 'oN pau6!sse wal old lo4eyy Aq +edIeMRAw1 8. 1 lenadde uodn pue paldope uounloseu SONIBb9H 9118f -poomueajD'eloo:luesgy .mow! 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Pall!wgne-sluawnoop pies alneexe of paaox 8lel9 49 pue weir ad 1o4eyy azuo43ne 01 mu 3un0wy (s)ele0 uolleuµsa0 Si pun ndus6L'ON losewo0'ww6ad Aepeno -3aayyyssel0 lauuoslad;o aµ!1 g ewe y 11.03 A3 431M uoµ0unfuoo se slsenbau we. LB 8 e8L8'E$ ;o 3unowe 841 u! enrol ne!40 w!j;o lenadde;o ua!lepuel ' p 3 M;o •0u1 'adsy 43pn soup-emu! -tuo0w 411w la4la6o3'ludy so 43uow as so sereJcIde mpao ea a spuoe }oegnop Sur fiuunp bu!pgnq oogos Aleluawal3 Ail 3 I B„1e43 3Uw4o5padlaM -u!N0W;o lsea4lnos Jen!peleool see _1LOZ,pN..pau6!ese wai ewZAn a!'!md.�O�woe L Alalew!xadtle wng_(. March 14, 2011 The Council of the City of Waterloo., Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, March 14, 2011. Mayor Pro Tem Quentin Hart in the Chair. Roll Call: Getty, Jones, Schmitt, Welper. Absent: Cole, Greenwood. Moment of Silence. Pledge of Allegiance: Mark Rice, Superintendent of Central Garage. 136053 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 14, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136054 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 7, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Mayor Pro Tem Hart recognized the March Team Member of the Month, Colleen Clark. CONSENT AGENDA 136055 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-68, dated March 14, 2011, in the amount of $2, 444,302.13, a copy of which is on file in the City Clerk' s office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011- 159. 2. Request of Grout Museum District to hold World's Largest Chemistry Demo event to be held on August 13, 2011 at Washington Park and on South Street from W. 2nd Street to W. 3rd Street from 9:00 a.m. to 2:00 p.m.-Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011- 160. 3. Request of Orchard Hill Church to hold Kindness Outreach event to be held on April 2, 2011 at Lincoln Park from 11:30 a.m. to 2:00 p.m.-Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval byMay or Pro Tem assigned No. 2011- 4. Request of Amie Steffen for a variance to the Noise Ordinance on April 12, 2011 from 3:30 p.m. to 6:00 p.m. in conjunction with Equal Pay Day event to be held at Lincoln Park including a band/DJ and the use of a PA system- Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011- 162. b. Motion to approve the following: 1. Request of Tallgrass Prairie Center for an exception to the burning ordinance to burn approximately 1 acre of prairie grass located just southeast of McKinstry Elementary School building during the month of April, together with recommendation of approval of Fire Chief. 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Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136057 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Mr. Jones 136058 - Schmitt/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Library Third Floor Carpet", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-163. 136059 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Library Third Floor Carpet", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-164. 136060 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Amount Floor Decor 706 Ansborough Avenue $23, 891.51 Waterloo, IA 50701 Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136061 - Welper/Schmitt that proof of publication of notice of public hearing on Purchase of One (1) New Elgin Pelican Street Sweeper for Street Department from Minnesota State Bid at a cost of $164, 900.50, as published in the Waterloo Courier on March 10, 2011, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136062 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136063 - Welper/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One (1) New Elgin Pelican Street Sweeper for Street Department from Minnesota State Bid at a cost of $164, 900.50", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-165. 136064 - Welper/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of One (1) New Elgin Pelican Street Sweeper for Street Department from Minnesota State Bid at a cost of $164, 900.50", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-166. 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So that will be kind of the final connection there. Before we raise the bladder we want to make sure that work is done because when the bladder is raised the water will be within a couple of feet of that wall that is constructed now. So we want to make sure the contractor is completed with that construction on the north side. Then also the lower plaza on the south side. We would like all of that to be completed before we raise the bladder. We are hoping that construction will be done late summer into the fall. And possibly be able to raise it in late fall. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-170. 136069 - Schmitt/Welper that "Resolution approving recommendation of award of contract to Peters Construction Corporation of Waterloo, Iowa in the amount of $1, 514,212.00 in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808- Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-171. 136070 - Schmitt/Welper that "Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $3, 876,281.87 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796-Submitted by Jamie Knutson, P.E. , Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-172. 136071 - Welper/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with Aspro, Inc. of Waterloo, Iowa in the amount of $3, 878,281.87 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796; and authorize Mayor Pro Tem and City Clerk to execute said documents-Submitted by Jamie Knutson, P.E. , Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-173. 136072 - Welper/Schmitt that "Resolution approving Preconstruction Agreement with Iowa Department of Transportation for proposed work on W. 4th Street, Hammond Avenue and Kimball Avenue in conjunction with Bridge Barrier Rail Retro Fit Project on U.S. Hwy 20; and authorize Mayor Pro Tem to execute said document-Submitted by Eric Thorson, P.E. , City Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Councilperson Jones, what is the time frame on this? Dennis Gentz, Assistant City Engineer, I think it's this construction season. I can get back to you on the specifics. Councilperson Jones, my understanding is that it' s going to be down to one lane and controlled by a signal. Mr. Gentz, on 4th Street yes. The other two locations will have two-way traffic at all times and 4th Street will be one-lane with a signal control. Councilperson Jones, and no sidewalk which is kind of a bigger problem I thought. It's quite an active place for walkers and bikers. Councilperson Hart, is there anyway around that? Mr. Gentz, I can talk to the Department of Transportation to see if there is some other arrangement made to provide pedestrian access. To see what the width is they obviously have to have a work area and traffic area so it's really limited by the width of the bridge it's self. But we can follow up with them and find out if there's some other way. Councilperson Hart, if you could find out and get an e-mail to Councilperson Jones that would work. Mr. Gentz, okay we can do that. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-174 . t. 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'aauueTd A;TQ 'aapaoagoS OTaV LpooT3 all; Aq pa;oedwT ATTPaa ;,uaxaM Aagg buTaapTsuoo puET papooM 3o solo€ gZ asogq buTsegoand ;e buTxooT ale GM AtiM SnoTano seM I 'SeU0r uosxadTTouno3 •pooMuaeag 'aTo3 :;uasgy •aAT3 :saAY •pa;dope eq '„xauuETd A;TQ 'aapeoatios oTav Aq paq;TwgnS-quawnoop pTEs a;noaxa o; xaaTQ A;TQ pup may ozd aoAew azTaoti;ne pup ';oacoad uoT:TsTnbov AgxadoId (dQwH) wex6oxd ;Ue1Q UOT;EbT;TN pa?ZEH all; gFTM UOT;OUnCUOO UT OO'OOO'ES$ 'Z00-9ZE-ST -ET68 '0u TaolEd pu€TsI TonoS supS uo puET papooM 3o saxoe gZ ao3 'uabaaquanaZ saaoTo0 pup UTTIK tTM aa330 asegoand TPuoT.Tpuo3 buTAozdde uoT;nTOsag" ;ell; aadTaM/saUor - 6L09ET 'SLT-TTOZ 'ON paubTssP may old aoAEw Aq Tenoadde uodn pue pa;dope uoT;nTosag •pooMuaaaQ 'aTOQ :quasgy •aAT3 :seAy •pa;dope eq '„aaaUTbug a;eToossi 'saTEg ;gar Aq paggTwqns-s;ueunoop pTEs agnoaxa oq may old aoApw azTaotign€ pue :ESL ON goea;uo3 'abeubTS 6uTpuT;APM UMO;UMOQ TTOZ 'A'd g;TM uoT;ouncu00 UT 00'S86 'SOTS 30 ;unowe egg uT eMol 'sTTp3 xepe3 3o •ouI 'SMx ggTM aoueansui 3o SagEOT3Tgaa3 pup spuog ';oPa;uoT buTAozdde uoT;nTosag„ getiq ggTwgoS/aadTaM - £LO9ET g abpd TTOZ '6T goaew 4 March 14, 2011 Page 7 136076 - Jones/Welper that "Resolution approving Preliminary Plat, together with Staff report and Aerial photo in conjunction with Anderson's Ninth Addition-Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-178. 136077 - Schmitt/Welper that "Resolution approving Permanent Easement Agreement with East Waterloo Family Housing, LLL to allow for a public sidewalk to encroach onto private property generally located at the southeast corner of Newell and Mobile Street- Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-179. 136078 - Schmitt/Welper that "Resolution approving request by Richard Penn for an encroachment agreement to allow 4 parking bollards to encroach approximately 16" into the platted public alley north of 316-320 West 4th Street in Block 16 of the Original Waterloo West Plat-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-180. 136079 - Getty/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request by Lavern Droste to rezone 0.845 acres of land located at 245 Fletcher Avenue from "R-2,C-Z" Conditional Zoning District and "C-2,C-Z" Conditional Zoning District to "C-1,C-Z" Conditional Zoning District; and instruct City Clerk to publish said notice-Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-181. 136080 - Getty/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 7.73 acres from "R-2" One and Two Family Residence District and "R-2,C-Z" Conditional Zoning District to "R-1,R-P" Planned Residence District, located at the former Greenbrier School site at 1554 Oakwood Drive at the northwest corner of Oakwood Drive and Cedar Bend Street-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-182. 136081 - Getty/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 2.2 acres from "R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Van Eaton School site at 2170 Burton Avenue, approximately 1/8 of a mile north of the intersection of Burton Avenue and West Donald Street-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-183. 136082 - Jones/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 2.2 acres from "R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Van Eaton School site at 2170 Burton Avenue, approximately 1/8 of a mile north of the intersection of Burton Avenue and West Donald Street-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-184. 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Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-192. 136091 - Welper/Schmitt that "Resolution approving Second Amendment to Development Agreement with Deer Creek Development, LLC to change grant repayment schedule by City to developer for infrastructure improvements previously put in place; and authorize Mayor Pro Tem and City Clerk to execute said document-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-193. OTHER COUNCIL BUSINESS 136092 - Schmitt/Welper that Change Order No. 1 for a net increase of $880.00 for work performed by Advanced Environmental Testing and Abatement, Inc. in conjunction with Asbestos Abatement Services for the Hazard Mitigation Grant Program Property Acquisition Project; and authorize Mayor Pro Tem to execute said document-Submitted by Aric Schroeder, City Planner, be received, placed on file and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136093 - Getty/Jones to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with 2011 Right of Way Mowing, be received, placed on file and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136094 - Getty/Schmitt that plans, specifications, bid document, etc. in conjunction with 2011 Right of Way Mowing, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136095 - Getty/Jones that "Resolution preliminarily approving plans, specifications, bid document, etc. in conjunction with 2011 Right of Way Mowing", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-194. 136096 - Getty/Schmitt that "Resolution setting date of hearing and bid opening as March 28, 2011 and instructing City Clerk to publish notice of plans, specifications, bid document, etc. and taking of bids in conjunction with 2011 Right of Way Mowing", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-195. 136097 - Schmitt/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798, be received, placed on file and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136098 - Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 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Head Signature: # of Attachments: 1 SUBJECT: Proclamation for National Exchange Club Day Submitted by: Mayor Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, family, community and nation are important core values in the lives of Americans;and 'WHEREAS, Exchange Clubs have been serving communities throughout the United States for 100 years, the first Exchange Club having been formed in Detroit,Michigan,in 1911;and WHEREAS, the National Exchange Club is celebrating its 100th anniversary serving our communities;and WHEREAS, the National Exchange Club, a strictly American organization, is a group of volunteers unselfishly working together to make our community a better place to live through programs of service in Americanism, community service, youth activities, and its national project,the prevention of child abuse;and WHEREAS, the Exchange Club of Waterloo and the Sunrise Exchange Club of Waterloo are affiliated with the National Exchange Club and provide significant and invaluable contributions to the citizens of the City of Waterloo;and WHEREAS, experience teaches us that government by itself cannot solve all of our nation's social problems,and that volunteers are vital to our future as a caring and productive city,state and nation. NOW,THEREFORE,I,Buck Clark,Mayor of the City of Waterloo,Iowa do hereby proclaim March 27,2011 NATIONAL EXCHANGE CLUB DAY and urge the citizens of Waterloo to recognize the past and on-going contributions of the National Exchange Club and support the Exchange Club of Waterloo and the Sunrise Exchange Club of Waterloo in their efforts. IN'WITNESS WHEREOF,I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 21'day of March 2011. ATTEST: Suzy Sch es,City Clerk s I A,04. a'',, 'Buck Clark,Mayor City of Waterloo,Iowa s '�- City of Waterloo,Iowa z -44-7- -- „11,1-44 I 44 r4!.7 , ! ! re , , 0 l i L3 , , , , ..b' ''' l ,i I - it,.1..". —{ 1: ' 2 . 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REQUEST LINE ITEM USED 11GRTTK82 CITY OF WATERLOO FY BUDGETED /SU),a EXPENDED YTD THIS REQUEST IGtO,UO LEFT AFTER THIS REQUEST WO.00 NAME(S) AND POSITION(S): DATE: DATE 7,2 _3- ; •/J Officers Dave Bovy, Tom Sullivan, Mark Nissen, and Mar h /p2igrhdl-Clerk/Finance Copy- Department Brad Walter NAME OF CLASS/ MEETING: DESTINATION: Marriott Hotel Iowa Governor's Highway Traffic Safety Conference Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 12th, 2011 April 13th, 2011 April 12th to 13`h, 2011 PURPOSE OF TRAVEL: Capt. Leibold is requesting authorization to send Officer's T. Sullivan, D. Bovy, Walter, and Nissen to the GTSB Conference at the Marriott Hotel on April 12th andl3th, 2011, in Des Moines, Iowa. This annual conference updates the participants in the recent changes in the field of traffic safety and education. This years conference will address drunk driving, texting and driving, updates in Highway safety legislation and much more. The registration cost of the conference is$60.00 per officer with lunch provided. Meal cost will be for breakfast on the second day($7.00 per officer). Dinner on the first night($23.00 per officer). Total meal cost would be $120.00. The hotel cost will not exceed$225.00. The total cost of the conference will not exceed$590.00 and is paid through the Iowa Governors Traffic Safety grant A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010 11-1150 1346 BUDGET LINE ITEM: 11GRTTK82 $230.00 LODGING TAXI XX GRANT REIMBURSABLE $120.00 MEALS PARKING YES NO $240.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $0.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 590.00 TOTAL: $ 147.50 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO 1W-ci DEPARTMENT HEAD MAYOR 3 '( ( '446 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED,,W 3;Z 6.rs6,6J 61/67 TRAVEL REQUEST FY oll BUDGETED �oora� 11� CITY OF WATERLOO EXPENDED YTD 5,7' '6` THIS REQUEST (�:/g `P.- LEFT AFTER THIS REQUEST Lf/eJ(,, �"' DATE 21��-,i 34-f/ Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Rudy D. Jones March 4, 2011 Community Development Director NAME OF CLASS/ MEETING: DESTINATION: Coralville, Iowa Iowa NAHRO Annual Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 13, 2011 April 15, 2011 April 13-15, 2011 PURPOSE OF TRAVEL: Attend the Iowa NAHRO Annual Conference. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ -O- YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 224 32 5850 1346 BUDGET LINE ITEM: BG21A ADMN $240.00 LODGING TAXI x GRANT REIMBURSABLE $/00.00 MEALS PARKING YES NO $225.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION 50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 615.00 TOTAL: $ 615.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND IAL TO THE CITY 9F,W a 1/AL ..._____-1/4._ t Noel Anderson, Community Planning & MAYOR Development Director- DEPARTMENT HEAD uT-11 3!91 ?-6(1 ��iared Goodies\Forms\Travel Request Form January 2010 DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1160-1346 TRAVEL REQUEST PDK9 J&w i3c CITY OF WATERLOO FY BUDGETED /"?,,;ZCJ j S� EXPENDED YTD THIS REQUEST 734 a° LEFT AFTER THIS REQUEST //5V5 DATE ','y ' .3-Fv// NAME(S) AND POSITION(S): DATE: 'y'�I Cl- Sgt Augustin Farmer, Officer Al Bovy and Officer Steve March 8m, 2011 Bose NAME OF CLASS/ MEETING: DESTINATION: Des Moines Police Department 2011 USPCA annual Narcotics Detection Certification Des Moines, Iowa Trials DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 10`h, 2011 April 11 th, 2011 April 10th to 11 th, 2011 PURPOSE OF TRAVEL: Sgt. Farmer is requesting authorization to send Sgt. Farmer, Officer's Al Bovy and Steve Bose to the United States Police Canine Association Narcotics Detector Trials on April 10th and 11 th, 2011, in Des Moines, Iowa, Sgt. Farmer, Officer's Al Bovy and Steve Bose are Canine handlers for the police department and this is a mandatory certification course for narcotics searches for both the Canines and the handlers. These trials are only once a year and is necessary for the officers and canines to maintain their certification. This training will require registration, lodging, travel, and meals. City vehicles will be needed for travel to the training facility. The funds for this training will be utilized from the police K9 funds. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010-11-1160-1346 BUDGET LINE ITEM: PDK9 $300.00 LODGING TAXI XX GRANT REIMBURSABLE $240.00 MEALS PARKING YES NO $150.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $/00.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 754.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO ? \tip ‘�� �ZG4---) DEPARTMENT HEAD MAYOR 21,— l 3i/2-1 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED ;,,=; ,� `,o JU 13�� TRAVEL REQUEST FY I BUDGETED /G3l100 a% CITY OF WATERLOO EXPENDED YTD 57A 5s. THIS REQUEST �750 LEFT AFTER THIS REQUEST 3 q'1/ S DATE 77w) ,Z y=�c l l Original-Clerk/Finance /toy -Department NAME(S) AND POSITION(S): DATE: MARK BOESEN, MANAGER OF REHAB. SERVICES MARCH 7, 2011 JON MARTIN, REHAB/RELOCATION SPECIALIST MATT CHESMORE, REHAB/RELOCATION SPECIALIST NAME OF CLASS/ MEETING: DESTINATION: Hawkeye Tech, Waterloo, Iowa IAHO SPRING CONFERENCE CERTIFICATION& RECERTIFICATION DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 6, 2011 April 8, 2011 April 6-8, 2011 PURPOSE OF TRAVEL: Attend the Iowa Association of Housing Officials Spring Conference and obtain required certification and recertification courses for Healthy Homes and Plumbing modules. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ -D- YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 224 32 5850 1393 BUDGET LINE ITEM: BG14H 0001 LODGING TAXI x GRANT REIMBURSABLE MEALS PARKING YES NO $750.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 750.00 TOTAL: $ 250.00 PER PERSON I BELIEVE THIS TRIP S S A 'U: IC PURPOSE I APPROVE THIS TRAVEL REQUEST ANDISNEff SA: •N', BENE-CIA, TO THE CITY O�WATE O'J i Noel Anderson, CPD Director DEPARTMENT HEAD MAYOR March 7, 2011 If -1 f 90 ( Cf'ATEnr-e r \F -, 1 Reg est F8 r ary 2010 DATE CITY OF WATERLOO Council Communication Boards and Commissions Committee Meeting: March 21, 2011 Prepared: February 8, 2011 Dept. Head Signature: Noel Anderson, Community Planning&Development Director # of Attachments: 1 SUBJECT: Appointment to Planning &Zoning Commission Submitted by: Noel Anderson, Community Planning& Development Director Recommended City Council Action: Appoint Lyn Tackett to the Planning & Zoning Commission with a term expiration date of 3/21/14. Summary Statement: Lyn Tackett is interested in being appointed to the Planning& Zoning Commission and would be replacing the expired term of Steve Grimm. Expenditure Required: None Source of Funds N/A Policy Issue N/A Alternative: Do not appoint applicant and seek additional applications. Background Information: Lyn Tackett has noted her strong background diversity with a business strength in marketing. She looks forward working with others to form positive resolutions. K:\USERS\PATTIE-M\Council Letters\Appointments\BOA appts.doc 2/8/11 CITY OF WATERLOO Boards and Commissions & Council Communication Boards & Commissions & Council Communication Meeting: March 21,2011 Prepared: March 13, 2011 Dept Head Signature: CC Number of Attachments: SUBJECT: Appointment to ADA Compliance Commission Submitted by: Craig Clark, Building Official Recommended Committee Action: Approve appointment of Pam Johnson to a three-year term on the ADA Compliance Commission, commencing March 21, 2011 and expiring March 21, 2014 Summary Statement: Pam provided an application for the ADA Compliance Commission on March 9, 2011. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: Pam is a registered architect in the state of Iowa and has been working as such in the Waterloo area for the past 14 years. This experience has given her a good understanding of the ADA. She is also a member of the American Institute of Architects, as well as on the Board of Directors. Pam Johnson will be replacing Craig Schwerdtfeger. CITY OF WATERLOO Council Communication March 14, 2011 City Council Meeting: March 21, 2011 Prepared: March 14, 2011 Dept. Head Signature: # of Attachments: SUBJECT: Appointment of John Sherbon to a first term on the Cable Commission effective 3/21/2011,-expiring 12/31/2013. Submitted by: Mayor Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Mr. Sherbon replaces Willie Cody. Approve7d/Demniin NEW `'' # 31 �tt RENEWAL EXPIRATION C aLASS H MAIL., C , ( B�1( f V�tn�LS�� /I INSPECTION REPORT APPLICATION FOR BEER ANP4IOR LIQJ�OR PE MIT BUSINESS: t�t�( tG� 5 (� /-�Cjl`f.'(`L Q' U4 - � ` � U4tt.I3i�-1CQ�c l �/ ADDRESS: w1G-n / ^� J WE, THE UNDERSIGNED, HAVE INSPECTED THE ABOVE MENTIONED PREMISES AND FOUND THAT THIS ESTABLISHMENT MEETS THE MINIMUM STANDARDS AS SET FORTH BY ALL APPLICABLE LAWS AND ORDINANCES. WE REPORT OUR FINDINGS AS FOLLOWS: HEALTH & SANITATION COMMENTS: THIS ESTABLISHMENT IS CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F(FOOD CODE) THIS ESTABLISHMENT IS NOT CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F (FOOD CODE) APPROVED BY: CZ :1 "(,.„`�.;,.,,�' DATE: � 2 57///1' FIRE MARSHALL COMMENTS: APPLICANT IS IN COMPLIANCE WITH THE CURRENT FIRE CODE NOT IN COMPLIANCE WITH FIRE CODE APPROVED BY: DATE: /,16 - /// POLICE CHIEF OR DESIGNEE WE HAVE RESEARCHED THE APPLICABLE RECORDS OF THE OVE MENTIONED ESTABLISHMENT AND REPORT THE FOLLOWING: DENIED BY: APPROVED BY:\ DATE: I I STATUS COUNCIL ACTION: (}?.,,Nl DATE: % { =` \ \ A ABD Licensing - Transfer Premise Page 1 of 1 . 1 Transfer Premise LE0001250, E 4th Liquor Store, Waterloo After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. Licenses may be transferred from one location to another,but only within the boundaries of the current approving Local Official.The Transfer Application and all supporting documentation shall be approved by the Local Official and forwarded to the Iowa Alcoholic Beverages Division before the event takes place.All selling and serving of alcoholic beverages must cease at the original licensed location during the period of the transfer.NOTE:If requesting a permanent transfer,an amended license will be forwarded to the Local Official.If requesting a temporary transfer,a letter of permission will be forwarded to the Local Official. Name of Applicant: Ara of Iowa,Inc. Name of Business(DBIA): E 4th Liquor Store Address of Premise: 1027 E 4th Address Line 2: City: Waterloo County: Black Hawk Zip: 50703 New Premise Address: D/B/A Logan Avenue Convenience Store New Premise Address Line 2: 735 Logan Ave State:City: Waterloo Zip: 50703 Iowa () Temporary Transfer(24 hours through 7 days) Beginning Date: Ending Date: `, Permanent Transfer Beginning Date: 02/01/2011 • r:Prey . • https://eicensing.iowaabd.com/TransferPremise.aspx 1/13/2011 ABD Licensing- New Premise Location Information Page 1 of 1 New Premise Location Information LE0001250, E 4th Liquor Store, Waterloo After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. 2 #of Bathrooms: 1 Number of floors where alcoholic beverages will be sold,served,consumed and stored. Indicate how you have control of premises(Permanent Transfers Only): Own Lease Submit to the Local Authority a signed copy of the lease/rental agreement for the license period or signed final sales contract or warranty deed. Submit to the Local Authority a sketch on 81/2 x 11"white paper of the proposed premises showing all areas and floors where alcoholic beverages will be sold,served,consumed and stored.Indicate all entrances and exits,location of bar,back bar and bathrooms.If Applicant has Outdoor Service Area Privilege,please include in the sketch its relationship to the licensed premises. Outdoor Service Area Dates(if From: MM/DDIYYYY To: MM/DDIYYYY applicable): - .- Dates shall correspond with requested outdoor service areas. On-Premise Applicant's Only:_ Select Is the premise furnished with tables and seats to accomodate a minimum of 25 persons at one time? • https://eicensing.iowaabd.com/NewPremiseLocationlnformation.aspx 1/14/2011 ABD Licensing - Applicant Signature Page 1 of 1 Applicant Signature LE0001250, E 4th Liquor Store, Waterloo Complete the information below and click Finish to complete the application Note that the license fees will only be withdrawn from accounts after the ABD approves the license. This application must be completed by a person listed in the Ownership Section. I hereby declare that all information contained in the Application is true and correct. I understand that misrepresentation of material facts in the Application is a crime and grounds for denial of the license or permit under Iowa law. I further understand that,as a condition of receiving a license,the licensed premises is subject to 1 inspection during business hours by appropriate local, state and federal officials. NOTE:The Applicant's Name must match one of the owner's names from the Ownership screen. Me K 01/12/2011 Applicant's Name: �� � nd� ..I��r Date: MM/DD/YYYY Tentative effective date: 02/01/2011 MM/DD/YYYY https://eicensing.iowaabd.com/ApplicantSignature.aspx 1/13/2011 ABD Licensing- Bond Company Certification Page 1 of 1 Bond Company Liability Certificate of Insurance LE0001250, E 4th Liquor Store, Waterloo Complete the information below and click SUBMIT to endorse this Transfer application. BOND INFORMATION This is to certify; Western Surety Company Bond Number: Assured: Ara of Iowa,Inc. I DBA: E 4th Liquor Store - — Address: G%B/A Logan Avenue Convenience Store Address Line 2: 735 Logan Ave City: Waterloo State: a _.... Zip: 50703 Effective Date: 02/01/2:11 MM/DD/YYYY Expiration Date: MM/DDNYYY Effective continuously without cumulative liability until canceled. Signature: Date:: MM/DD/YYYY https://eicensing.iowaabd.comBondCompanyCert.aspx 1/13/2011 LEASE - BUSINESS PROPERTY THIS LEASE AGREEMENT executed in duplicate, made and entered into this 1st day of February 2011, by and between David Lederman, Landlord whose address for the purpose of this lease is 712 Sycamore Street, Waterloo, IA 50703 and ARA Corp whose address for the purpose of this lease is 3004 Angelo Drive, Waterloo, IA 50703. WITNESSETH THAT: 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: 735 Logan, Waterloo, IA with the improvements thereon all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on Exhibit "A" if and as may be attached hereto, for a term of 5 years, commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of Feb 2011, and ending at midnight on the last day of the lease term, which shall be on the 30tt' day of Jan 2016, upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. 2. RENTAL. Tenant agrees to pay Landlord as rent $1500.00 per month, in advance commencing on the 1st day of Feb 2011 and on the 1st day of each month thereafter, during the term of this lease. Rent for any partial month shall be prorated as additional rent. Security Deposit. a. The security deposit of$2500.00 will continue to be held during the term of this lease. In the event of renewal or extension of this Lease, any increase in security deposit may be required. b. Landlord shall return the full deposit OR return the remainder of the security deposit (if any) and a written itemized list of damages and/or deductions within thirty (30) of the termination of tenancy and receipt of Tenant's mailing address or delivery instructions. If Landlord fails to provide said written, itemized list within thirty (30) days of the termination of tenancy and receipt of Tenant's mailing address or delivery instructions, Landlord shall forfeit all rights to withhold any portion of the security deposit. If no mailing address or instructions for delivery are provided to the Landlord within one year from the termination of tenancy, the rental deposit shall revert to the Landlord and Tenant will be deemed to have forfeited all rights to the deposit. c. The security deposit shall not be applied by tenant as advance payment of rent for the last month, or any other month for the lease term. All sums shall be paid at the address of the Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Payments are delinquent on the 5th of each month. Delinquent payments will be assessed a $25.00 per month fee. 3. POSSESSION. Tenant shall be entitled to possession upon signing this lease, and shall yield possession to the Landlord at the time and date of the close of this lease term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant's only damages shall be a rebating of the pro rata rental. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises only for law offices. For restrictions on such use, see paragraphs 6(c), 6(d), and 11(b) below. 5. QUIET ENJOYMENT. Landlord, shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, walls, and other structural parts of the building in good repair. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its' own expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for structural parts of the building. Tenant is responsible for any repair needed under $250.00. Tenant will furnish its' own interior and exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Without limiting the generality of the foregoing, Tenant will make necessary repairs to the plumbing, the water pipes, and electrical wiring, except as follows: Any repair over $250.00. 2 Tenant is required to contact property manager before any repairs are done. Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of premises; to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. Tenant agrees to maintain adequate heat to prevent freezing of pipes, if and only if the other terms of this lease fix responsibility for heating upon the Tenant. Tenant at its own expense may install floor covering and will maintain such floor covering in good condition. Tenant will be responsible for maintaining the parking area, driveways and sidewalks on and abutting the leased premises (if applicable), if the leased premises include the ground floor and if the other terms of this lease include premises so described. Tenant shall make no structural alterations or improvements without the written approval of the Landlord first had and obtained, of the plans and specification therefor. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordinances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. If Tenant, by the terms of this lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on said premises in the halls, if any, or the alley or yard in front, side or rear thereof, and it will remove same from the premises at its own expense. Tenant also agrees to remove snow and ice and other obstacles from the sidewalk on or abutting the premises, if premises include the ground floor, and if this lease may be fairly construed to impose such liability on the Tenant. 7. (a) UTILITIES AND SERVICES. Tenant shall be responsible for payment of utilities, to include heat, air conditioning, water, sewer, garbage, phone and internet services. (b) JANITOR SERVICE shall be furnished at the expense of Tenant; (c) SNOW REMOVAL/LAWN MOWING shall be furnished at the expense of the Tenant; and (d) WINDOW WASHING shall be the responsibility of the Tenant. 8. (a) SURRENDER OF PREMISES AT END OF TERM--REMOVAL OF FIXTURES. Tenant agrees that upon termination of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. (See also 11(a) and 11(e) below.] 3 (b) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. Tenant agrees all fixtures and everything attached belongs to Landlord. (c) HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, without the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the lease term due and payable at once. Such written permission shall not be unreasonably withheld. 10. (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10, levied or assessed by lawful authority (but reasonably preserving Landlord's rights of appeal) against said real property shall be timely paid by the parties in the following proportions: by Landlord, 100%, by Tenant 0%. (b) Increase in such taxes, except as in the next paragraph provided, above the amount paid during the base year of fiscal 2007 (base year if and as may be defined in this paragraph) shall be paid by Landlord, 100%; and by Tenant 0%. (c) Increase in such taxes caused by improvements of Tenant shall be paid by Landlord 100%; by Tenant 0%. (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all taxes, assessments or public charges levied or assessed by lawful authority (but reasonably preserving Tenant's rights of appeal) against its personal property on the premises, during the term of this lease. (e) SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the parties in the following proportions: by Landlord 100%; by Tenant 0%. 11. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually covered by extended coverage; and Tenant will procure and deliver to the Landlord a certification from the respective insurance companies to that effect. Such insurance shall be made 4 payable to the parties hereto as their interests may appear, except that the Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing Landlord by Tenant. [See also 11(e) below.] (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this lease, has or shall have a lien. (c) Subrogation rights are not to be waived unless a special provision is attached to this lease. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Service Bureau and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. (e) INSURANCE PROCEEDS. Landlord shall settle and adjust any claim against any insurance company under its said policies of insurance for the premises, and said insurance monies shall be paid to and held by the Landlord to be used in payment for cost of repairs or restoration of damaged building, if the destruction is only partial [see also 11(a) above]. 12. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, arising out of roof and structural parts of the building, Tenant will protect, indemnify and save harmless the Landlord from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amount not less than $100,000 for any on person injured, and $300,000 for any one accident, and with the limits of$300,000 for property damage, protecting the Landlord against such claim, damages, costs or expenses on account of injury to any person or persons, or to any property belonging to any person or persons, by reason of such casualty, accident or other happening on or about the demised premises during the term thereof. Certificates or copies of said policies, naming the Landlord and providing for fifteen (15) days notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20) days from the date of the beginning of the term of this lease. As to insurance of the Landlord 5 for roof and structural faults, see paragraph 11(a) above. A copy of tenant's policy must be provided to Landlord within thirty (30) days of signing lease. 13. FIRE AND CASUALTY, PARTIAL DESTRUCTION OR PREMISES. (a) In the event of a partial destruction or damage of the leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after its occurrence, this lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Landlord shall repair such damages within sixty (60) days of its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Landlord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which this property is located make it impossible for Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises including the parking area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises or the then current legal use for which the premises are being used and which damages cannot be repaired within ninety (90) days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. In the event of such termination of this lease, Landlord at its option, may rebuild or not, according to its own wishes and needs. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except as its rights are preserved as in paragraph 14(a) above. 6 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provisions of this lease, this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED, HOWEVER, before any such cancellation and forfeiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this lease will be cancelled and forfeited ten (10) days after the giving of such notice unless such default, or defaults, are remedied within such grace period (see paragraph 22 below). As an additional optional procedure or as an alternative to the foregoing (and neither exclusive of the other) Landlord may proceed as in paragraph 21 below provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events, Landlord may, at its option, immediately terminate this lease, re-enter said premises, upon giving of ten (10) days written notice by Landlord to Tenant, all to the extent permitted by applicable law. (c) In (a) and (b) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults. (d) Acceptance of keys, advertising and re-renting by the Landlord upon the Tenant's default shall be construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants or conditions of this lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 9% per annum, from date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the city of municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last sixty (60) days of this lease, or extension, shall have the right to maintain in the windows or on the building on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien of any kind or character whatsoever, upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, sub-contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub-contractors who may furnish or agree to furnish any such material, service or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shall have in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions therefor, kept and used on said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Tenant's default in its performance. (b) SPOUSE. If spouse is not a Tenant, then the execution of this instrument by the spouse shall be for the sole purpose of creating a security interest on personal property and waiving rights of homestead, rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tenant shall have the right, from time to time, during the term of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised premises, when in the judgement of the Tenant it shall have become obsolete, outworn or unnecessary in connection with the operation of the business on said premises; provided, however, that the Tenant shall, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to the affixed operation of the business upon the demised premises. 8 (b) Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. 21. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this lease, shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. 22. NOTICES AND DEMANDS. Notices as provided for in this lease shall be given to the respective parties at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 25. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for the purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in the leased premises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 27. REMODELING. Tenant shall have the right and privilege to remodel the leased premises provided only (1) that any and all such remodeling shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa and the United States of America; (2) such remodeling shall not change the structure of the building; and (3) such 9 remodeling shall be subject to the written approval of the Landlord, which approval shall not be unreasonably with held. 28. Additional Provisions: ifWITNESS WHEREOF, the parties hereto have duly executed this lease uplicated the day and year first above written. D v d Lederm n, =andlord l I Tenant' -ARA Corp io Black Hawk County Building Sketches Page 1 of 1 There is 1 building sketch of parcel 891323234008. 20 BLDG 1 60 [1200j ALL caJ 41 b r h i(Di frL L vs http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891323234008&a... 1/14/20: 1 -Fr". CITY OF WATERLOO , IOWA _0010_��� COMMUNITY PLANNING AND DEVELOPMENT LG "^ yam 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 d��r�00 �0 NOEL ANDERSON,Community Planning&Development Director January 19, 2011 Maio, Suzy Schares, City Clerk K CLARK RE: Transfer of Alcohol License to 735 Logan Avenue—Legal Non-conforming Status LA This letter is to provide additional details regarding the approved Zoning Approval of COUNCIL an Alcohol Sales Use form for Logan Avenue Convenience Store, which is looking to MEMBERS transfer an alcohol license(s)to 735 Logan Avenue. Please include this letter in the packet of material when this request is placed on the Council agenda. DAVID The site in question at 735 Logan Avenue is zoned "M-1" Light Industrial District and wNdES the site was recently operated as a bar(non-limited alcohol sales), which was the 01' Skool Bar. The building in question is approximately 90' from the property line at 115 CAROLYN Center Street, which is owned by Peter's Rock Temple Church, a protected use. COLE Therefore the bar was a legal non-conforming use (less than 100' to a protected use). Ward 2 The bar recently closed,but has been closed for less than one year, so the legal non- HAROLD conforming use status of the property is still valid. The proposed use of the site would GETTY be a change of use from a bar(non-limited alcohol sales)to a convenience store(limited Ward 3 alcohol sales), which said convenience store would also be non-conforming for not meeting the required 100' setback from a protected use. However, the change in non- QUENTIN M. conforming use to another non-conforming use when the proposed use is permitted in a y4 HAR more restrictive zoning district than the previous use, is allowed by General Rule adopted by the City of Waterloo Board of Adjustment on July 24, 2007, as provided by RON the Ordinance. The proposed use(limited alcohol sales convenience store)is permitted WELPER in the "C-1" Commercial District, which is a more restrictive district than the "C-2" Wards Commercial District where the previous use(non-limited alcohol sales bar)is permitted. BOB GREENWOOD The current provisions of the Zoning Ordinance do not distinguish and regulate At-Large differently between an on-premise consumption business versus an off premise consumption business, and don't distinguish and regulate differently between a business STEVE that just sells beer versus a business that also sells hard liquor. The Ordinance currently SCHMITT only distinguishes and regulates differently between a limited alcohol sales use and a At-Large non-limited alcohol sales, with limited alcohol sales being restricted to having more than 50% of their gross income being derived from and more than 75%of their floor space being devoted to the sale of merchandise other than liquor, wine,beer or other alcoholic beverages (excludes sale of petroleum products). Therefore a convenience store is not prohibited from selling hard liquor, as long as they meet the percentage requirements. The applicant has agreed to be a limited alcohol sales use, and their affidavit and status agreement as such is attached. If you have any questions or need any additional information please let me know Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ZONING APPROVAL OF AN ALCOHOL SALES USE CITY OF WATERLOO COMMUNITY PLANNING AND DEVELOPMENT • 715 MULBERRY STREET,WATERLOO,IOWA 50703 (319)291-4366 1.APPLICANT INFORMATION: a. Business Name: Logan Avenue Convenience Store Site Address: 735 Logan AVPrl]P Phone: Sod—A696 Fax: Waterloo b. Applicant'sName(pleaseprint):Ara of Iowa, Inc Address: znna a Phone: Fax: g-alp--.a,r•�t� 231 5427 City: waterloo State: rAS Zip: 50303 c. 0/1 1 —l 1 -11 Signature of Applicant - Date 2.BUSINESS INFORMATION(information not required for sites within the"C-3"Commercial District): The City of Waterloo Zoning Ordinance No.2479,as amended,restricts the placement of"Alcohol Sales" uses,including zoning districts in which an alcohol sales use is permitted,if Special Permit approval is required,minimum setback requirements from`Protected Uses"as defined by the Ordinance,and other restrictions on the location and types of alcohol sales permitted. Alcohol sales uses are divided between those that are not limited,and those that are limited. A non-limited alcohol sales would not restrict the amount of alcohol that can be sold,either by percent of gross income or percent of floor space. This would include uses such as a bar or liquor store. A"Limited Alcohol Use"is any business that derives income from alcohol sales with more than fifty(50)percent of the gross income being derived from and more than seventy-five(75) percent of the floor space being devoted to the sale of merchandise other than liquor,wine,beer or other alcoholic beverage and without regard to the sale of any petroleum products. This would include such uses as a restaurant,gas station/convience store,grocery store or pharmacy. For a restaurant,more than fifty(50) percent of the gross income must be derived from the sale of prepared food. a. The Business will be(CHECK ONE): A non-limited Alcohol Sales Use(bar,liquor store,etc). X A Limited Alcohol Use(restaurant,gas station/convenience store,grocery store,pharmacy,etc). (For Limited Alcohol Uses,applicant must sign an"Affidavit and Status Agreement") b. For sites that have previously held a license by the City of Waterloo to sell alcoholic beverages: i. What was the name of the last business that held a license: Ole School Bar ii. What was the date that the business closed: December 2010 ? • iii. Was the business a non-limited Alcohol Sales X or a Limited Alcohol Use (CHECK ONE) DO NOT WRITE BELOW THIS LINE-OFFICE USE ONLY 3.ZONING INFORMATION: (1 a. Current Zoning: ��_ I + b. Distance to Protected Use: ttO - A c. Located along a Principal Arterial or Interstate(Yes or No): ,O O d. All restrictions for an Alcohol Sales Use meet (Yes ori.No): 4.) ; If no, explain (legal/non- conforming,variance approved,_1�� i• etc.): Ik+yt�.l into. OSe_ o�- a hataplem_(w%k.( CuclAg:u3 bV a\.eyal -co2 w �l use as a_ CJi1111.4w(.P sk:✓( C1,1a1i1 v� a\ie4Aci Salts,) a.S L0044.6.lay 9,of A-Aj.cs10-4•.•1- baeco' U- cdcri -7/34/07 e. Special Permit Required(Yes or No): Al o ;If yes,date approved: f. Fencing Required(Yes or No,if yes where): �(In Please Note: Signature of the Zoning Official below indicates that the proposed Alcohol Sales Use is in compliance with Zoning Ordinance requirements for an Alcohol Sales Use as of the date indicated below, and based on the information provided on this form. Any change to the information provided shall nullify this approval. Ale Signature of Zoning Official Date AFFIDAVIT AND STATUS AGREEMENT I/We, Mehnde. Khan. . _! , under penalty of perjury pursuant to the laws of the State of Iowa, certify to the truthfulness and accuracy of the representations below, and further, intending to be bound and to bind my/our heirs, personal representatives, successors, assigns and future owners of the property and/or business, do hereby make the promises set forth below: 1. Reference is made to City of Waterloo Zoning Ordinance No. 2479, adopted February 3, t969, and to Ordinance No. 4976, adopted November 23, 2009, which amended the zoning ordinance to-create additional restrictions for businesses with alcohol-related sales. • 2. I/We own or lease real property at 735 Loggn Ave. ,Waterloo, Iowa , and execute this instrument in connection with fhe establishment or confirmation of a "limited alcohol use"(as defined in Ordinance No. 4976)at that property. 3. I/We own and operate or are proposing to own and operate a limited alcohol use at said property, said use being a gas station, convenience store, grocery store, pharmacy, or similar use that use will comply with the requirement that more than fifty (50) percent of its gross income shall be derived from, and more than seventy- five (75) percent of its floor space shall be devoted to, the sale of merchandise other than liquor, wine, beer or other alcoholic beverage and without regard to the sale of any petroleum products. I/VVe agree to provide adequate documentation of the business's gross revenues upon the request of the City of Waterloo as provided in Ordinance No. 4976. 4. I/We understand and agree that said limited alcohol use shall continue to meet the gross income and percent floor space restrictions of the zoning ordinance, as amended, and that failure to comply with the terms of this Affidavit and Status Agreement shall be deemed a violation of the City of Waterloo Zoning Ordinance and will be subject to the penalties and enforcement provisions thereof, and said: failure shall constitute grounds for the revocation of any license or permit for the sale or dispensing of alcoholic beverages. Owner/Lease Holder Signature Date Owner/Lease Holder Signature Date • CITY ACKNOWLEDGMENT The Planning and Zoning Department of the City of Waterloo, Iowa, in reliance on the representations set forth above, hereby acknowledges as of the date hereof that the site in question meets all requirements of the Zoning Ordinance, including the alcohol sales provisions amendment adopted by Ordinance No. 4976, for the establishment of a limited alcohol sales use as defined by the Zoning Ordinance, or is a "legal non- conforming"use for purposes of the alcohol sales provisions of the Zoning Ordinance. By: (4 At... Title: C 4( Pfau k� Date: IMP( ... . . .._._. ................-__ ........... As you may be aware, the liquor store located at 1027"East 4th is planning on moving their establishment to 735 Logan Ave. (Corner of Edwards and Logan). Currently, there are two liquor stores in our neighborhood. We have worked hard over the years to improve the quality of life in our area. Please take a moment of your time to sign the petition below and help stop this negative development. We the undersigned are respectfully petitioning Mayor Buck Clark and the Waterloo's City Council to"VOTE NO"on licensing the proposed establishment to be located at 735 Logan Ave.This Iicensing is seen as a potential detriment to the safety of our children and quality of life. A- RL ti NAM u1 .. c— D re&-sS P/. t�Rl wt A3.9• /Dut4' Arrealu4s ,tOf6P�eiN 'reaAr Ark Sic-d-77—o?g,4 �!7 e\(A t- 927_ 1\). Orcu.-eets St- r F ►�l �1:3�! y5�i c.F //'a3 C`Y/(-• CF t1 raH4 r� �t- j 3d P tAL Je -i .CF 3!`} •-- c,P-�C!tt 7 bfees' LOW �u�n S OF1# gig:3&1Gq % pat /_tt/Cf'° siaz k•li(Cc e#i;.i 3/9- Y33 S'O 5k ,c a%Y• Q / !Y14.• a'l t 14r-q7/-z V/ t Page 1 of 1 SUZY SCHARES To: Quentin Hart Subject: RE: 508 Broadway Forwarded message From: "ELIZABETH CARSON" <rcarson23@msn.com> Date: Mon, Feb 14, 2011 3:34 pm Subject: 508 Broadway To: "Quentin Hart" Dear Councilman Hart Common Grounds Neighborhood would like to speak on the relicensing of 508 Broadway street and 735 Logan avenue we would like to have this on the regular agenda to speak on this tonight thank you Renee Carson common Grounds Neighborhood Association President This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential, and may be legally privileged. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error please notify us immediately at the e-mail address listed above. Thank you. 2/14/2011 'R— EF z ems- 5 e .-=- -'fie. ' -3 } ' }" T�,," ' , 11-4 .�� �C �fi 's �..,, r- f { ^s '` r3 � wTY,_ � .� 4 Aniy :e a" ° 0 - te h b b - ,F c ,- a §' 9' z 4 a vyi ± - - 'a i .- .y .r. x" «c ,' How Alcohol Affect 'Neighborhood 'e/i n Kathryn Stewart VPrevention Research Center PACIFIC INSTITUTE FOR RESEARCH AND EVALUATION V www.resources.prev.org Pacific Institute for Research and Evaluation is one of the nation's preeminent independent, nonprofit organizations merging scientific knowledge and proven practice to create solutions that improve the health, safety and well-being of individuals, communities,nations,and the world, How Alcohol Outlets Affect Neighborhood Violence 8�? Pacific Institute �0,y S FOR RESEARCH AND EVALUATION Introduction Neighborhoods where bars, restaurants and liquor and other stores that sell alcohol are close together suffer more frequent incidences of violence and other alcohol-related problems, according to recent research by the Prevention Research Center and others. The strong connection between alcohol and violence has been clear for a long time—but now we know that this connection also relates to the location of places that sell alcohol. Government agencies with authority over land-use and/or liquor licenses can help fight crime and blight and improve quality of life by controlling licenses to sell alcohol and the location of licensees. Governments can make rules that set minimum distances between alcohol outlets; they can limit new licenses for areas that already have outlets too close together; they can stop issuing licenses when a particular location goes out of business; and they can permanently close outlets that repeatedly violate liquor laws. This paper presents some of the questions and answers about alcohol sales outlets and alcohol problems— especially the relationship between outlet location and violence. What is the relationship between outlet density and violence? A number of studies have found that in and near neighborhoods where there is a high density of places that sell alcohol,there is a higher rate of violence. That is, when bars, liquor stores, and other businesses that sell alcohol are close together,more assaults and other violent crimes occur. Some of the important findings about outlet density and violence are described below. • In a study of Camden,New Jersey, neighborhoods with alcohol outlet density had more violent crime (including homicide, rape, assault, and robbery). This association was strong even when other neighborhood characteristics such as poverty and age of residents were taken into account.' • In a study of 74 cities in Los Angeles County,California, a higher density of alcohol outlets was associated with more violence, even when levels of unemployment, age, ethnic and racial characteristics and other community characteristics were taken into account 2 • In a six-year study of changes in numbers of alcohol outlets in 551 urban and rural zip code areas in California, an increase in the number of bars and off-premise places (e.g., liquor, convenience Page 2 of 6 Pacific Institute How Alcohol Outlets Affect Neighborhood Violence er„,, e FOR RESEARCH AND EVALUATION and grocery stores)was related to an increase in the rate of violence. These effects were largest in poor, minority areas of the state, those areas already saturated with the greatest numbers of outlets.3 • Violence committed by youth was more common in minority neighborhoods where there are many outlets that sell alcohol for consumption off the premises(such as liquor and convenience stores).4 This finding makes sense because underage drinkers are more likely to purchase alcohol in a store than in a bar or restaurant. • In neighborhoods where there are many outlets that sell high-alcohol beer and spirits, more violent assaults occur.5 • Large taverns and nightclubs and similar establishments that are primarily devoted to drinking have higher rates of assaults among customers.6 A larger number of alcohol outlets and a higher rate of violence might be expected in poorer neighborhoods or in neighborhoods with a larger population young people. But as the research described above shows, even when levels of poverty and the age and the ethnic background of residents are taken into account, a high density of outlets is strongly related to violence regardless of a neighborhood's economic, ethnic or age status. All of the characteristics of alcohol outlet location can be important. It is easy to see that a town with many bars,restaurants,and stores that sell alcohol could be different from one that has fewer outlets. It is also easy to see that a neighborhood that has a bar on each corner and a liquor store on each block has a completely different environment than one that has few outlets or none at all. Other characteristics of the environment make a difference, too. For example, a strip of bars near a college campus presents a different environment from a similar density of bars in an upscale city center and also different from a similar density in a poor neighborhood. But in each case, some form of increased violence would be expected as compared to comparable areas with fewer alcohol outlets. A study of changes in outlet density over time as related to violence in California found that regardless of other neighborhood characteristics, an increase in outlets increased violence. In neighborhoods with a high minority population and low incomes, the effect was more than four times greater than for the statewide sample of communities. Page 3 of 6 . s How Alcohol Outlets Affect Neighborhood Violence 9 Pacific Institute ter FOR RESEARCH AND EVALUATION What accounts for the relationship between outlet density and violence? The research that has been done so far cannot pinpoint exactly why having more outlets in a small area seems to result in more violence. Various explanations have been proposed. One is that alcohol outlets can be a source of social disorder. A liquor store parking lot full of people drinking in their cars or on the curb and broken bottles littering the area outside a bar may send a message that this is a neighborhood in which normal rules about orderly behavior are not enforced. Another possible explanation is that a neighborhood with a large number of outlets acts as a magnet for people who are more inclined to be violent or more vulnerable to being assaulted. It is also possible that a high number of outlets results in a large number of people under the influence of alcohol—which makes them both more likely to be violent and less able to defend themselves.' It is most probable that all of these factors come into play. What is the relationship of outlet density to other alcohol problems? The density of alcohol outlets has also been found to be related to other alcohol problems such as drinking and driving,higher rates of motor vehicle-related pedestrian injuries,and child abuse and neglect 89 How do governments regulate outlet density? States and communities can regulate the number of bars,restaurants,and stores that sell alcohol in a given area. Sometimes the number and location of alcohol outlets is not limited at all. In some jurisdictions, the number of alcohol outlets is limited based on the population of the area—only so many outlets per thousand residents, for example. In other cases, the location of outlets is regulated—for example, some states or communities set minimum distances from schools or churches. Research increasingly finds, however, that geographic density is the key aspect of outlet location — that is, the distance between outlets. Where over-concentrations of outlets occur,greater problems arise. Governments can use their regulatory powers to reduce violence by: • Making rules that set minimum distances between alcohol outlets; • Limiting new licenses for areas that already have outlets too close together; • Not issuing a new license when a particular location goes out of business; • PermanentIy closing outlets that repeatedly violate liquor laws (such as by selling alcohol to minors or to intoxicated persons or allowing illicit drug sales or prostitution on the premises). Page 4 of 6 Pacific Institute How Alcohol Outlets Affect Neighborhood Violence 3 FOR RESEARCH AND EVALUATION What implications do these findings have for state and local licensing policies? The research strongly suggests that limits on outlet density may be an effective means of reducing alcohol problems, especially violence. States and communities can use controls on the number and location of alcohol outlets as a tool for reducing violence, creating a safer and healthier alcohol environment, and improving the quality of life of a community, What other alcohol policies are important? Alcohol is a legal and widely consumed commodity;but it is also a commodity that can create a variety of serious health and social problems. Alcohol policies are an important tool for preventing these problems. Every day, states and communities make decisions about the sale of alcohol: who can sell it, when and where it can be sold,who it can be sold to. State and local laws and policies control many aspects of the system by which alcohol is manufactured,marketed,sold,purchased, and consumed. Regulations serve a variety of purposes, for example, they help ensure that tax revenues are collected. But the regulation of the business of selling alcohol goes beyond economic concerns. Each element of the regulatory system provides opportunities for creating a healthier social environment with respect to alcohol. For example, regulations can prevent unsafe sales practices — such as prohibiting all-you-can- drink specials that encourage intoxication. Regulations can control advertising and promotion that appeals to minors and establish the minimum age and training qualifications for people who sell and serve alcohol. Each type of regulation has the potential to ensure that alcohol is consumed in a safe and healthy manner. What aspects of alcohol availability can be regulated? The regulation of alcohol sales can have an impact on the availability of alcohol—that is,how easy and convenient it is to buy. Some states and communities try to make alcohol less available by selling it only in limited places — for example, state liquor stores. Other communities sell it more freely—making it available in grocery stores, convenience stores, gas stations, laundromats, drive-through windows, and so forth. States and communities can also limit the hours and days of sale, and other aspects of the conditions of sale. The regulation of availability is important because research generally shows that when alcohol is more easily available,people drink more and more alcohol problems occur. Page 5 of 6 How Alcohol Outlets Affect Neighborhood Violence gb Pacific Institute FOR RESEARCH AND EVALUATION References T Gorman.D.,Speer.P.,Gruenewald,P.,and Labouvie,E.(2001)Journal of Studies on Alcohol,62:628-636. 2 Scribner,R.et al.(1995)The risk of assaultive violence and alcohol availability in LA County,American Journal of Public Health, 85:335-340. 3 Gruenewald,P.J.and Ramer,L. Changes in outlet densities affect violence rates. In review,Alcoholism:Clinical and Experimental Research 2004. 4 Alaniz,M., Cartmill,R, and Parker,R.(1998)Immigrants and violence,Hispanic Journal of Behavioral Sciences, 20, 155-174. 5 Stevenson,R.,Lind.,B.and Weatherburn,D.(1999). The relationship between alcohol sales and assault in New South Wales,Australia,Addiction, 94(3):397-410. 6 Stockwell,T.et al.(1992)Levels of drunkenness of customers leaving licensed premises in Perth,Western Australia:a comparison of high and low"risk"premises. British Journal of Addiction,87:873-881. 7 Gorman,et al.(2001). s Freisthler,B.,Midanik,L.T.and Gruenewald,P.J. Alcohol outlets and child physical abuse and neglect:Applying routine activities theory to the study of child maltreatment. Journal of Studies on Alcohol,65 586-592,2004. 9 Stockwell,T.and Gruenewald.P.(2001)Controls on Physical Availability of Alcohol,in Heather,N.,Peters.T., and Stockwell,T.(eds.),International Handbook of Alcohol Dependence and Problems, John Wiley and Sons,Ltd. Page 6 of 6 3: s� Phi ALLEN CLASS CO INC° �e1 tiir�r, 1620'JEFFERsoftSTREET WATERLOO,IOWA 50702 g�' 6 (3193 232-0461 FAX(319)2.36-798i s - , Rik gJ��/ Date: . < Phone#: � ` Fax#: . JOB SITE: '73s� Aleut, p �, OW NGc 1�i�..,L H-,�4,v J (4° 4 4.0 �o v �°g" °c) _ Date: n., r ',]N1`N^rt�' ,� � Project: Customer: ' ,4242'C'Circle-Omama ha,NE 68144Special Notes: (402)339-3737-(800)383-4527 Fax:(402)339-939 - t-, j� p nrRs,00./1 • w. , '1` j 'k ; ' _ 4: ;..; a. .. ; , ;, . '0, a . ._. k I i _ . . I { d } :..., L / i i a.. . . • - F • .... ._ _ .. ..�- . .,..... _ .-. .. Page 1 of 1 SUZY SCHARES From: MICHELLE WESTPHAL Sent: Monday, March 21, 2011 8:08 AM To: MAYOR CLARK; SUZY SCHARES Subject: FW: Liquor store From: ELIZABETH CARSON [mailto:rcarson23@msn.com] Sent: Sunday, March 20, 2011 6:05 AM To: BOB GREENWOOD; STEVE SCHMITT; DAVID JONES; carolyncole@wgm.com; QUENTIN HART; MICHELLE WESTPHAL Subject: Liquor store Dear Mayor and Council It is again before you you to transfer the liquor license from 1027 east fourth to 735 Logan Avenue. We Common Grounds Neighborhood Association come before you again to plea to you to vote no to keep our children and neighborhood safe and our quality of life bearable. We have fought hard to keep our neighborhood safe and them dumping this establishment in the middle of our neighborhood has already started to diminish the quality of life in our neighborhood just the presence of it with its sign hung has already started the gathering of seedy persons flocking our neighborhood remember this is a residential area with these people running around our neighborhood we will be afraid to let our children out. They claim that they will bring an asset to the neighborhood,(all we have seen and they are not even open yet is undesirable characters) if this is so why peddle something that will destroy the neighborhood and if alcohol is not the majority of their profits why are they fighting to sell it. we have a convenience store that has been in business for over 44 years a real neighborhood store Crawford's that is not peddling alcohol that shows that you can run a business without destroying a neighborhood. These establishments only take out of the neighborhood as the study we submitted to you earlier proves. This is already a hot spot for trouble please don't add to it, it is not hot yet and we have been noticing trouble creeping back into our area because of the presence of this establishment it is beginning to come true about the old saying there goes the neighborhood! please vote no to keep our neighborhood safe who will help protect our children? (please pass this to Harold Getty & Ron Welper there was no e-mail address for them listed) Renee Carson, Common Grounds Neighborhood Association 3/21/2011 BONDS FOR COUNCIL APPROVAL MARCH 21, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5,000. 00 CIA 595154 BROCK EVEN DBA EVEN CONSTRUCTION JESUP, IA ., IA 560322 CHAD KARR WATERLOO, IA -IA 566969 FRICKSON ASPHALT EXCAVATION EVANSDALE, IA sBD 546550 IOWA HEARTLAND HABITAT FOR HUMANITY WATERLOO, IA B165098 KELLY CONCRETE COMPANY, INC. MARION, IA -IA 594846 MANATT' S, INC. BROOKLYN, IA _IA 551360 MIKE DOLAN DBA MIKE DOLAN CONCRETE & MASONRY WATERLOO, IA CIA 580415 OPERATION THRESHOLD INC WATERLOO, IA �,� � , CITY OF WATERLOO , IOWA CITY ATTORNEYS OFFICE 715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax(319}291-4571 43CJO0 \ JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOEFhR,Assistant City Attorney Mayor BUCK CLARK COUNCIL March 21, 2011 MEMBERS DAVID JONES Ward I Mayor Buck Clark and CAROLYN City Council COLE City Hall Ward 2 Waterloo, IA 50703 HAROLD GETTY Dear Mayor Clark and Council Members: Ward 3 QUENTIN M. I have examined the bonds filed with the City Clerk/Auditor's Office up to the HART close of business on March 17, 2011. Ward 4 RON Of the 8 bonds submitted, were approved and 'O WEEPER rejected, as shown on the attached list. Ward 5 BOB Ver truly yours, GREENWOOD At-Large STEVE SCHMITr David . Zellhoefer At-Large Assistant City Attorney DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 14, 2011 Dept. Head Signature: Bradley Hagen # of Attachments: 1 Subject: Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction of Cedar Falls, Iowa at a total cost of $4,957,005.45 in conjunction with Runway 18/36 Rehabilitation project at Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action: Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction of Cedar Falls, Iowa at a total cost of$4,957,005.45 in conjunction with Runway 18/36 Rehabilitation project at Waterloo Regional Airport. Summary Statement Expenditure Required: $0 Source of Funds: 100% FAA Grant(ARRA Portion) 95%-5% (AIP Portion) Policy Issue Alternative Background Information: The City Council approved a contract with K. Cunningham Construction of Cedar Falls, Iowa in the amount of$4,885,341.60 on May 26, 2009 for the rehabilitation of Runway 18/36 at Waterloo Regional Airport. Two change orders were approved totaling$71,663.85 with a final project cost of$4,957,005.45. e ECOM AECOM 515 244 1470 tel /'f� 500 SW 7th Street 515 244 4803 fax Suite 301 Des Moines,Iowa 50309 www.aecom.com February 9, 2011 Mr. Bradley Hagen, A.A.E. Airport Director Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Runway 18-36 Rehabilitation Waterloo Regional Airport City of Waterloo, Iowa FAA AIP Project Nos. 3-19-0094-34&35 AECOM Project Nos. 113168 & 113243 Dear Mr. Hagen: The above-referenced project has been completed and constructed by the contractor, K. Cunningham Construction Co., Inc., in accordance with the plans and specifications completed by AECOM and dated April 6, 2009. The final paperwork for the project listed is attached. 1. Lien waivers from the following Subcontractors: • Advanced Traffic Control (DBE) • Aspro, Inc. • AECOM • Construction Materials Testing • DC Corporation (DBE) • Diamond Grinding &Grooving • Fort Dodge Asphalt Co. • Hi-Lite Markings, Inc. • Interstate Sealant&Concrete, Inc. (DBE) • K&W Electric, Inc. • Manatt's, Inc. • Rockette Trucking&Construction Ltd. (DBE) • Service Signing, L.C. • Stickfort Construction Corporation • Tiedt Nursery & Forestry Svc., Ltd. (DBE) 2. Lien waivers from the following Suppliers: • Benton's Ready Mixed Concrete • Construction Materials, Inc. • Construction Materials, Inc., Minnesota • Centrex Electrical Supply(DBE) • CSI Precast, LLC • Electrical Eng. & Equip., Inc. • Gerdau Ameristeel • United Concrete, Inc. • Van Meter Company • Utility Equipment Co. • Cretex Concrete Products AECOM Mr. Bradley Hagen 2/9/2011 Page 2 3. DBE participation goal provided by K. Cunningham Construction Co., Inc. for the contract as approved was 4.1 percent. The final project DBE participation is as follows: • Division I DBE Participation 6.59% • Division II DBE Participation 8.93% • Total Contract DBE Participation 7.44% The total participation level includes materials supplied by a Certified DBE firm, Centrex Electric Supply. The participation level for the supplier was defined at 60% of the total as shown on the attached certification as provided by the contractor. The final DBE participation exceeded the goal by over 3% because the contractor expanded their good faith efforts and added additional certified DBE subcontractors. 4. The Buy American requirements of the contract have been met and documentation is attached. 5. A copy of Change Order No. 2 was previously provided. 6. A copy of the"Record" Drawings for the project. 7. A copy of Pay Estimate No. 10 (FINAL)to release the contractor's retainage as noted below. Pay Est. No. 10 AIP Grant No. 3-19-0094-34 $ 90,081.04 ARRA Grant No. 3-19-0094-35 $ 157,769.23 Total Amount Due $ 247,850.27 Please return one (1) copy of a fully-executed Pay Estimate No. 10 (FINAL) to our office for documentation for the final grant closeout process. If you have any questions or comments, please contact our office at your convenience. Yours sincerely, Steven J. Eaton, P.E. Enclosures: As noted Cc: Mr. Doug Schindel, AECOM (w/enclosures) Mr. Joe Owen, K. Cunningham Construction Co., Inc. (w/enclosures) L\work1project\113243-Waterloo Airport Rwy 18-36 CRS-ARRA1Admin\transcIBH020911.Malacceplance-payes110.11r.doc FINAL WAIVER OF MECHANIC'S LIEN Employed By: K. Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of $86,800.00 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon, on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. ADVANCED TRAFFIC CONTROL 4/fee Signed By: C�An 4 f a Date: / Title: s } FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$1,365,208.22 we dp hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon, on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. ASPRO, INC. Signed By: s<< " Date: Title: I, fit FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of $40,500.00 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. AECOM /f Signed By: " Date: J // // Title: y/ FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$22,317.77 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. CONSTRUCTION MATERIALS TESTING Signed By: Date: /7/7V/ Title:(' ) __T 02/03/2011 14:34 FAX 3192773001 Cunningham Construction Il0001/0001 FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo,IA FAA AIP Project#3-19-0094-34&FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$24,713.38 we do hereby waive and release any and all liens,claims,and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. • Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid In full. DC CORPORATION Signed 83/; Date: n 3 Title: " FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of $69,924.81 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. DIAMOND GRINDING &GROOVING Signed By: Cj� Date: / Title: `l r 2 FINAL WAIVER OF MECHANIC'S LIEN Employed By: K. Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$10,079.38 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon, on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. FORT DODGE ASPHALT CO. Signed j By:\ Date: / /Z I Vr� � l Title: Vf as l6Ql.4.4- FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo,IA FAA AIP Project#3-19-0094-34&FAA Al P Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$68,223.09 we do hereby waive and release any and all liens,claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon,and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. HI-LITE MARKINGS, INC. Signed ByXv Date: I (/Title:&C Q.ba r& Cure,v rrr + FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$104,697.73 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. INTERSTATE SEALANT&CONCRETE, INC. Signed By: (' •OL. Date: Vi a// • Title: R'u 4-.k FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$304,758.35 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon, on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. K&W ELECTRIC, INC. Signed By: / 'c— Date: /////// Title: �/, FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34&FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials,and payment in the amount of$149,798.40 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. MANATf'S, INC. nnAonn Signed By: ‘;1)* teCtik I Y� 010 Date: I 2J1 L' F Title: u rki " }a{,i}'h FINAL WAIVER OF MECHANIC'S LIEN Employed By: K. Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34&FAA AlP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of $47,410.63 we do hereby waive and release any and all liens, claims,and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. ROCKETTE TRUCKING&CONSTRUCTION LTD. Signed By:_ lip e7 • ca- Date: /— 7/7 Title: ,l,/f I/.D-4 7- FINAL WAIVER OF MECHANIC'S LIEN Employed By: K. Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$23,200.00 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon, on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. SERVICE SIGNING, L.C. Signed By: I L/ h Date: V/ ;1 f 1 �'"" Title: 'jy a cc ( 1 },.gin FINAL WAIVER OF MECHANIC'S LIEN Employed By: K. Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34& FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$331,455.12 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. STICKFORT CONSTRUCTION CORPORATION Signed By ' ✓ X L D Date: if 11) 11 Title: e1m 1201CPlp , FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA Al P Project#3-19-0094-34&FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$58,518.64 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. TIEDT NURSERY&FORESTRY SVC., LTD f Signed By: ,; . i�: . . Date: A /I Title: it Ajt FINAL WAIVER OF MECHANIC'S LIEN Employed By: K.Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34&FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials,and payment in the amount of$1,315,924.89 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon,on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof,shall have been honored and paid in full. BENTON'S READY MIXED CONCRETE Signed By: � � Date: 0 —/ / Title: Paelj FINAL WAIVER OF MECHANIC'S LIEN Employed By: K. Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 Project: Runway 18-36 Rehabilitation Waterloo Regional Airport Waterloo, IA FAA AIP Project#3-19-0094-34&FAA AIP Project#3-19-0094-35 We, the undersigned, have been employed to furnish labor, services and/or materials for use in the construction, repair or improvement of the above-mentioned project. In consideration of your employment to furnish said labor and/or materials, and payment in the amount of$164,514.77 we do hereby waive and release any and all liens, claims, and rights to liens under the statutes of the State of Iowa relating to mechanic's liens, on the above mentioned project and improvements thereon, and on the monies and other consideration due or to become due from the owner thereon, on account of labor, services, materials, fixtures or apparatus heretofore furnished to this date by the undersigned for said premises. The undersigned further states that this and all similar waivers heretofore executed by the undersigned are true, correct and genuine, and delivered unconditionally and that there is no claim either legal or equitable to defeat their validity. Provided further, this release shall not become effective until all checks given as part of the consideration hereof, shall have been honored and paid in full. CONSTRUCTION MATERIA INC. Signed By: Date: C1fUG1c / 1 ;0I0 Title: l it i Cp�jlc r FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, subject to and for the sum of $20,903.20 in funds paid by INTERSTATE SEALANT & CONCRETE, INC., thereafter, releases all liens, lien rights, claims or demands of any kind whatsoever,which the undersigned now has against the premises legally described as: PRODUCT: Dow 890, Invoice #38844 dated 10/31/2009 on account of labor performed and/or materials and services furnished for the construction of any improvements thereon. IN WITNESS THEREOF, I have hereunto set my hand this 13 day of :la Yl l) Y ,2011. CONSTRUCTION MATERIALS, INC. BY: ,VaLtv.h^ ; STATE OF71)/L1 ) //, § COUNTY OF A/C/ ( 1 ((/Oi Pt The foregoing instrument was acknowledged )before me this / day of a GA,/et (qit by `0. )- ,(' ti ( LC. ✓Z.r iwho is personally known to me or who has produced as identification and who did take an oath. Oji/r7A /nail Mart n.,6,6t NOTARY PUBLIC NAME: _ COMMISSION EXPIRES: ,_,-GLENDA MAE MACMIL AN ? .� - Notary Public htry`�% Minnesota My . ssan Expires January 31.2015 WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, CENTREX ELECTRIC SUPPLY, INC. furnished work, labor, services and/or materials, either directly, or as a subcontractor of K&W ELECTRIC, INC. for the use in the construction, repair or improvement of the following property: WATERLOO AIRPORT TW18-36 W.O. #17429 AIP #3-19-0094-34 & 3-19-0094-35 In Consideration of$79,605.90 the undersigned does hereby acknowledge payment for all labor, materials, and services furnished by it or those acting under it and included in all prior billings of the undersigned incident to the total project: and does further acknowledge he will promptly pay all sum due for labor, materials, and services covered by and included in the work covered by this payment, and further does hereby waive all liens and claims the undersigned might have against the above property on account of any work performed or materials or services furnished in the overall project under its contracts and agreements therefore, and that it will discharge and settle all liens or claims of any persons or subcontractors claiming under him any work, materials or services furnished on the property above described prior or included in the billings paid herewith. Dated this day of , 2011 . CENTREX ELECTRIC SUPPLY, INC. ( upplier or S bcontractor) By: Title: Subscribed and sworn to by iii%lbt r/6tI'4rt /l , Before me this /777/ day of (/ifNGAe( , 2011 . Notary: is " i f/a,t4Z'4' INVOICE: 905883807 ** Amount shown above may or may not include freight ** LESTER B RUSSELL Natary Public. Notary Seal State of Missouri RECEIVED St, Louis county JAPE 2 1011 Commission # 10393872 • My Camrnlssicn Expires October 17, 2014 I WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, CSI PRECAST, LLC furnished work, labor, services and/or materials, either directly, or as a subcontractor of K&W ELECTRIC, INC. for the use in the construction, repair or improvement of the following property: WATERLOO AIRPORT TW18-36 W.O. #17429 AIP #3-19-0094-34 & 3-19-0094-35 In Consideration of$27,840.00 the undersigned does hereby acknowledge payment for all labor, materials, and services furnished by it or those acting under it and included in all prior billings of the undersigned incident to the total project: and does further acknowledge he will promptly pay all sum due for labor, materials, and services covered by and included in the work covered by this payment, and further does hereby waive all liens and claims the undersigned might have against the above property on account of any work performed or materials or services furnished in the overall project under its contracts and agreements therefore, and that it will discharge and settle all liens or claims of any persons or subcontractors claiming under him any work, materials or services furnished on the property above described prior or included in the billings paid herewith. 14 Dated this l y day of , 2011 . CSI PRECAST, LLC (Supplier or Subcontractor) BRENDA SORBO (�,\ Commission Number 765192 By: V My Comm Ion Expires dBfam r Title: LSt.0CA/r Subscribed and sworn to by _ Ja^ /,0 Before me this /I day of 0-6,4 , 2011 Notary: INVOICE: ge'S0ot", Ho"M31 9.06)8(9, 90-76PV **Amount shown above may or may not include freight ** WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, ELECTRICAL ENG & EQUIP, INC. furnished work, labor, services and/or materials, either directly, or as a subcontractor of K&W ELECTRIC, INC. for the use in the construction, repair or improvement of the following property: WATERLOO AIRPORT TW18-36 W.O. #17429 AIP#3-19-0094-34 & 3-19-0094-35 In Consideration of$5,125.20 the undersigned does hereby acknowledge payment for all labor, materials, and services furnished by it or those acting under it and included in all prior billings of the undersigned incident to the total project: and does further acknowledge he will promptly pay all sum due for labor, materials, and services covered by and included in the work covered by this payment, and further does hereby waive all liens and claims the undersigned might have against the above property on account of any work performed or materials or services furnished in the overall project under its contracts and agreements therefore, and that it will discharge and settle all liens or claims of any persons or subcontractors claiming under him any work, materials or services furnished on the property above described prior or included in the billings paid herewith. Dated this 2 h day of , 2011 . ELECTRICAL ENG & EQUIP, INC. (Supplier or Subcontractor) By: 6c. I Title: , „, , � Subscribed and sworn tog(4'/36 by � ®Z Before me this day of 2011 . 00OOOOOOOO Notary: LEI-itHEHHi:K m U 'ler7 INVOICE: 'di`�5 �`)00, o�IB>5)3Up Mvc�mm xc'' Pire• ** Amount shown above may or may not include freight ** RECEI Ei JAN z 24i1 WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, GERDAU AMERISTEEL furnished work, labor, services and/or materials, either directly, or as a subcontractor of K&W ELECTRIC, INC. for the use in the construction, repair or improvement of the following property: WATERLOO AIRPORT TW18-36 W.O. #17429 AIP#3-19-0094-34 & 3-19-0094-35 In Consideration of$2,152.20 the undersigned does hereby acknowledge payment for all labor, materials, and services furnished by it or those acting under it and included in all prior billings of the undersigned incident to the total project: and does further acknowledge he will promptly pay all sum due for labor, materials, and services covered by and included in the work covered by this payment, and further does hereby waive all liens and claims the undersigned might have against the above property on account of any work performed or materials or services furnished in the overall project under its contracts and agreements therefore, and that it will discharge and settle all liens or claims of any persons or subcontractors claiming under him any work, materials or services furnished on the property above described prior or included in the billings paid herewith. Dated this o26 day of Jof L Y , 2011 . GERDAU AMERISTEEL <��r�(Suupplier or Subcontractor) By: C5�` oZ 411"-g) Title: Cud, 1 a4"`� b Subscribed and sworn to by daay oS Before me this a6 day of cio4U0^y 2011 . Notary: INVOICE: HSi .033(.)5(), 113DoIL11-1(j , 1-{950oi3y yS,/?o3t49L , •403/OoBf ** Amount shown above may or may not include freight ** i..S. J" 4'YI,'y laJ�' ,))e) 1 7d11 WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, UNITED CONCRETE, INC. furnished work, labor, services and/or materials, either directly, or as a subcontractor of K&W ELECTRIC, INC. for the use in the construction, repair or improvement of the following property: WATERLOO AIRPORT TW18-36 W.O. #17429 AIP #3-19-0094-34 & 3-19-0094-35 In Consideration of$6,797.34 the undersigned does hereby acknowledge payment for all labor, materials, and services furnished by it or those acting under it and included in all prior billings of the undersigned incident to the total project: and does further acknowledge he will promptly pay all sum due for labor, materials, and services covered by and included in the work covered by this payment, and further does hereby waive all liens and claims the undersigned might have against the above property on account of any work performed or materials or services furnished in the overall project under its contracts and agreements therefore, and that it will discharge and settle all liens or claims of any persons or subcontractors claiming under him any work, materials or services furnished on the property above described prior or included in the billings paid herewith. Dated this / f /74 day of._.% /,7re 2011 . UNITED CONCRETE, INC. (Supplier or Subcontractor) By: -,- - Title: /<':,F /'f'._�/C�E'/`I� i° Subscribed and sworn to by 7_- a/% 7- Before me this tfT` ._ da ry of ie‘?r , 2011 . I o ary: Q pA INVOICE: 'a4I I Li , 241Y:2, aLI33cj, , Licl75, :-A4CC 5S,;?5v0?3,V I-iglaSISb, 5; 9`11 33>5) ** Amount shown above may or may not include freight ** ;1cAV) I )537)1 , W;(3111 29430, 254,411, o `�L°ly, SBb�- , 25 1y, .75SS tar " (000`1i •ca3 RECEIVED JAN 2 0 2011 WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, VAN METER COMPANY furnished work, labor, services and/or materials, either directly, or as a subcontractor of K&W ELECTRIC, INC. for the use in the construction, repair or improvement of the following property: WATERLOO AIRPORT TW18-36 W.O. #17429 AIP #3-19-0094-34 & 3-19-0094-35 In Consideration of$2,018.18 the undersigned does hereby acknowledge payment for all labor, materials, and services furnished by it or those acting under it and included in all prior billings of the undersigned incident to the total project: and does further acknowledge he will promptly pay all sum due for labor, materials, and services covered by and included in the work covered by this payment, and further does hereby waive all liens and claims the undersigned might have against the above property on account of any work performed or materials or services furnished in the overall project under its contracts and agreements therefore, and that it will discharge and settle all liens or claims of any persons or subcontractors claiming under him any work, materials or services furnished on the property above described prior or included in the billings paid herewith. Dated this 1 day of, )4.r1,1&rt , 2011 . VAN METER COMPANY (S plier or Subcontractor) By; ./1/ Title: (,red, ucl Subscribed and sworn to by , Before me this D day of 2011 $�.� ommis I M.umber 5519 �Commisston Number 755196 Ca��ps;;,E;Fas 14?� Notary:_ ' l a��/ INVOICE: 55ri3754VOI , 56- 1',2,-70.0 , Si,S'i 77001 , 5e9i-09-70o3, S %37110r>1, ** Amount shown above may or may not include freight ** 5i.,cici 3.7`I UO„?, 5"70C/AW/ 5 ) 3Li I OD2, 5-723 L11 003, 57a3i,11004, 5-) St??4$00 1 , 5.76I1,0V1)01 , 5 763oS Io01, 5'?1,30y00 , 5)t, sl 1,0oO/, ]779302UG1 , 9-19135001 44 RECEIVE:: JAN 2 1 ZU11 SCHEDULE C—WAIVER AND RELEASE OF LIEN FOR FINAL PAYMENT Upon receipt by the undersigned lienor of a check from Stickfort Construction Co,Inc. in the sum of $_16,6545.95 payable to the undersigned lienor and when the check has been properly endorsed and has been paid by the bank upon which it is drawn,this document shall become effective to waive and release any claim,right or cause of action whatsoever that the undersigned may have against Stickfort Construction Co,Inc.,the real property and improvements described below,and the owner of said real property and improvements("Owner"),including any claim or right to a construction or mechanic's lien or any other claim for payment,arising out of all labor,materials,services and equipment furnished by the undersigned on the project known as Airport and located at Waterloo,IA _("Project").This waiver and release of all claims,rights,causes of action and liens is absolute and covers all labor,materials, services and equipment furnished by the undersigned on the Project. The undersigned lienor represents and warrants that all amounts due to its subcontractors and suppliers have been paid in full and that no person or party acting under,or on behalf of,or at the direction of the undersigned lienor has any right to a lien or claim on account of any labor,materials,services or equipment furnished in connection with the Project. The undersigned lienor agrees to indemnify,defend and hold Stickfort Construction Co,Inc.and the Owner harmless firm and against any and all liens and claims for any labor,materials,services or equipment furnished in connection with the Project. Dated on_ Z4Lf ,TANIJARY_,2R k 2011 Lienor's Name: By: 4� Printed e� nted Name: Title: MICHAEL R CORYN, PRESIDENT State of: IOWA County Of: SCOTT The undersigned,a Notary Public in and for the said County and State,DOES HEREBY CERTIFY that MICHAEL R CORM PRESIDENT ofUTILITY EQUIPMENTT CO. BETT, I4entIty] personally appeared before me and acknowledged execution of the foregoing Waiver and Release of Lien For Final Payment this 24TH day of,JANUARY, 2011 ,2INE,for and on behalf of said ,and who,having been duly sworn,stated that any representations therein contained are true. GIVEN under my hand and notarial seal is 24TH day of JANUARY ,=D0, 2011 Signature G+ Jeannette M. Ward Iowa Notarial Seal Printed Commission Number: 187439 My Commission Expires: My county of Resider My Commission Expires://7 i7// _ScOTT._C9JJNTY- SCHEDULE C—WAIVER AND RELEASE OF LIEN FOR FINAL PAYMENT Upon receipt by the undersigned lienor of a check from Stickfort Construction Ca,Inc.in the sum of $_52,933.06 payable to the undersigned lienor and when the check has been properly endorsed and has been paid by the bank upon which it is drawn,this document shall become effective to waive and release any claim,right or cause of action whatsoever that the undersigned may have against Stickfort Construction Co,Inc.,the real property and improvements described below,and the owner of said real property and improvements("Owner"),including any claim or right to a construction or mechanic's lien or any other claim for payment,arising out of all labor,materials,services and equipment furnished by the undersigned on the project known as Airport and located at Waterloo,IA ("Project").This waiver and release of all claims,rights,causes of action and liens is absolute and covers all labor,materials, services and equipment furnished by the undersigned on the Project. The undersigned lienor represents and warrants that all amounts due to its subcontractors and suppliers have been paid in full and that no person or party acting under,or on behalf of,or at the direction of the undersigned lienor has any right to a lien or claim on account of any labor,materials,services or equipment furnished in connection with the Project. The undersigned lienor agrees to indemnify,defend and hold Stickfort Construction Co,Inc.and the Owner harmless from and against any and all liens and claims for any labor,materials,services or equipment furnished in connection with the Project. Dated on of ,20 i 0 Lienoir's Name: By:/ Printed Name: (..y a b Title: S41,44 2Lk.2le6,> State of: County Of: The undersigned,a Notary Public in and for the said County and State,DOES HEREBY CERTIFY that 5P-t- kt.At Bee,as Sgt,.e 1nLE of C&_ .) C:isacseire' Prca ,.a.c i$ [entry] personally appeared before me and acknowledged execution of the foregoing Waiver and Release of Lien For Final Payment this 2S-rN, day of L.N-4 i ,20 If,for and on behalf ofsaid ,and who,having been duly sworn,stated that any representations therein contained are true. GIVEN under my hand and notarial seal this o. +i da of .t Signature f!'\ y _— Printed {c\1 Cka At4 A . "C My Commission Expires: My county of Residence is: 1.`4—t3MICHAEL A. PAUL. 2 It Commission Number 179522 My Commission Expires ow S._ i '4— t-3 RUNWAY 18-36 REHABILITATION WATERLOO REGIONAL AIRPORT WATERLOO,IOWA FAA AIP#3-19.0094-34&35 Earth Tech#113168&113243 DBE Partelpatlon Div.I Div.II Total Contract Div.I Div.II Total Contract Amount Amount Amount Credit Credit Credit Advanced Traffic Control $ 43,400.00 $ 43,400.00 $ 86,800.00 $ 43,400.00 $ 43,400.00 $ 86,800.00 DC Corporation $ 18,629.67 $ 6,083.71 $ 24,713.38 $ 18,629.67 $ 6,083.71 $ 24,713.38 Interstate Sealant&concrete Inc. $ 72,745.28 $ 31,045.00 $ 103,790.28 $ 72,745.28 $ 31,045.00 $ 103,790.28 Rockette Trucking $ 35,739.52 $ 11,671.11 $ 47,410.63 $ 35,739.52 $ 11,671.11 $ 47,410.63 Tiedt Nursery&Forestry SVC.,Ltd. $ 37,558.04 $ 20,960.60 $ 58,518.64 $ 37,558.04 $ 20,960.60 $ 58,518.64 Centrex Electrical Supply $ - $ 79,605.90 $ 79,605.90 $ - $ 47,763.54 $ 47,763.54 Total DBE Credits $ 208,072.51 $ 160,923.96 $ 368,996.47 Total Contract Amounts $ 3,155,384.65 $ 1,801,620.80 $ 4,957,005.45 %DBE by Division 6.59% 8.93% 7.44% a * e e e e ae 2Rl9nv°is1rnr° m a 4,5 .-I O N O .-1 O n tc — o co m m a c n m o m N t0 ID N a — 08.-16o o�oID ui 0 C L1 W CO n n V In N. 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I` Oi O 'M Q A P9 oc ri V1' ri U m m m •n a o a .-1 N CO m w v v '' oc 0 to to a to to u1 N VTan Y 0 C C 0000000 Cl O O m O In O E I° — E .. o ccoo o Ici Lo n a an •p tO O 'O N 0 E W M O N C 1Nn 0 ' a M z s L Q Oat C E 0 to to U1 to t? t? T y,� \ cc o S V O Oc ❑ m •y a ,y v ` c m K m tpp O m ti C y W .-I O O` it c N d o. w T O 0 a 'C ^ C 1 t M t C N C N 1y0 U C C ° C C N T C U r 3 3 LL X ¢ 'o c v n ° o n a E 8 tot In E u 00.1 Y,LI Q C W U C C u" 10 -O m T, m c Y U N C) C N 0 1- o N 0 c. -U hO c to E ~ a'O O N y Iu )O ❑ " C Ca1Zx "02 N C Vm E ` Y v O ,o, a Ed'. m aJ > UU „ C NO . CO- N 0 a" u u a O ❑ 'CI H 2011 -01-17 14:01 � u Construction Mat.LIUUuia 10.1a319 366 1712 » 3192773001 P 2/3 II. V IV r. L 11101 CONSTRUCTION MATERIALS, INC._ LETTER OF COMPLIANCE—PROCESSOR CERTIFICATION SUPPLIER: CONSTRUCTION MATERIALS, INC. CONTRACTOR: CUNNINGHAM CONSTRUCTION PROJECT: AIP 3-19-4094-34&3-19.0094-35 • LOCATION: WATERLOO, IA REGIONAL AIRPORT MATERIALS: DOWEL BAR ASSEMBLIES We hereby certify that the all steel used in the Dowel Bar Assemblies provided to the referenced project was 100%melted and manufactured in the United States. All applicable Manufacturers Certifications,Data Sheets,Steel Mill Test Reports,Epoxy Coating Reports ARE ATTACHED. DATE;January 17,2011 6725 OXFORD STREET-SAINT Louis PARIS,MN 55426 8004966456/952-929.0431/952.929.0797(FAx? 2011-01;17 14:01 ` Construction Mat. Ifla lCII n 319 366 1712 » 3192773001 ]P 3/3 GERDAU AMERISTEEL Certificate of Origin, USA All steel reinforcing bar supplied by Gerdau Ameristeel from following steel mills is melted and manufactured In the United states of America. Jacksonville, Florida Wilton, Iowa St Paul, Minnesota Perth Amboy, New Jersey Sayreville Mill, New Jersey Charlotte, North Carolina Sand Springs, Oklahoma Knoxville, Tennessee Jackson, Tennessee Beaumont, Texas Midlothian, Texas • Sincerely, Gerdau Ameristeel Bhaskar Yalamanchili Director of Quality bye amanchllk aordauameristeel.00nt 813-207-2394 6xeaytivo d►Umc 4221 W.Boy Scout Hird,-Suits 600 Tempe,Pt,32607*P.O.Box 31328 Tampa,PL 33631-3328 (813)2864383 2011-01-14 11 :09 Construction Mat. 319 366 1712 >> 3192773001 P 1/3 IIConstruction Materials, Inc. o 345-49thAve Dr.SW GedarRepids TAS2404—Phone(319)3b66446—(800)7476401—FAX(3r9)366-1712 o 5210 N.E I7th$t. Des Moines IA 50313 Phone(515)263-900b (800)747A006_FAX{Si5)263 8326 —.l a 6725 Oxford St.—Minneapolis,MN 55426—Phone(952)929-043 I—(800)486.8456—FAX(952)929-0373 www.constructionmateriatslnc mom LEITER OF COMPLIANCE Contractor. Cunningham Construction Project: Waterloo Airport Runway 18-36 Rehabilitation Items Listed Below With A Check Mark,Are Items That We Will Be Furnishing For The Above Mentioned Project And Shows Their Respective Specifications. • X-- 1.)Epoxy Reber Complies With ASTM A615/A615M Gr,60 The Coating Complies with ASTM A775/A775M ----- 2.)Reinforcing Steel Complies with ASTM A615,Grade 40 and/or Grade 60. R - 3.)White Pigment Cure Complies with ASTM C 309 Type 2. --- 4.)Hot Pour Joint Sealer Complies with ASTM D-6690 Type.IV. -- 5.)Fibre Expansion Complies with ASTM D-1751 and AASHTO M 213. --- 6.)Epoxy Dowels and dowel assemblies, complies with ASTM A615/A615M, Grade 40. The l' coating complies with AASHTO M 254 Type B with minimum coating of 6 mils after cure. ---- 7.)Clear Cure and Sealer ASTM C 309, Type I, and AASHTO M 148. ----- 8.)Welded Wire Mesh ASTM A 185. --- 9.)Dowel Bars Plain ASTM A 615,Grade 40 min.Tensil 60,000 psi ------ 10.)Silicone Sealant complies with ASTM-D-5893-96. -- 11.)Backer Rod complies ASTM-D-1622, 1623,& 1621, ASTM-C-509. ---- 12.)Tie Wire complies with ASTM-A-684. ----- 13)Polyethylene complies wth ASTM-C-156. X--- 14.)Epoxy,Grout complies with ASTM-C-881. X 15.)The Above Checked Items meets the Buy American-Steel and Manufactured Products Clause Dated January 1991. CONSTRUCTION MATERIALS,INCORPORATED '4eqL16)/12.___ 7/14/09 Signature Date i 201 2»14 11 :09 Construction Mat. 319 366 1712 >> 3192773001 P 2/3 • 0 § $ o _| a m \( ) ! 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II Brian Devries K&W Electric 1127 Lincoln Street Cedar Falls, IA 50613 Subject: Statement of Compliance with Buy American Preference for AIP-Funded Projects Ref: Runway 14-32 Rehabilitation Waterloo Municipal Airport, IA Dear Brian, We have reviewed our quoted bill of material and confirm that the equipment submitted meets the FM guidance for using US-manufactured equipment. ADB is providing end products that are manufactured in the US and that contain at least 60% by cost of subcomponents made in the US, with final substantial assembly completed in the USA. The FAA released a spreadsheet showing those manufacturers meeting the Buy American Preference, by product type. To confirm our statement of compliance, please visit the FAA website below: http://www.faa.gov/airports/aip/procurement/federal contract provisions/media/buy american wai ver.xls If you have further questions, please contact me. Respectfully, Mike Bush Proposal Specialist Midwest/Great Lakes ADB Airfield Solutions 977 Gahanna Parkway Columbus, OH 43230 Office: (614)573-8212 Fax: (614)573-8312 E-mail: mike bush@adb-air corn Web Site: www.adb-airfieldsolutions.com ADB Airfield Solutions P.O Box 30829 Tel: (614)861-1304 977 Gahanna Parkway Fax:(614)864-2069 s e mrif i N+Sy(y y(� (y y y y ty �y 1y N N y �y m y (OO.4mUYYpp V pluw 3..,PN.W N+ObP V PU ...- ! Fl .t, ym g, 3 501 -+9lall lama rr r r r r r r r r r 7""7" V99L-PV9 S9Q13999999� 9 m >. Kd 44P44PP pp $$r (��` 7 v�/,QQ4 Qr�YQ tItstata Syy�'�yy$'2aard.tstg •S� o0aoo_o�f(ag$� aY. K. 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II, S B : � nZSS5 (ig5555 ;��� a NIN NNN +W ,NNNN NNNNN NN 1 g - s O b O N O O O O O 8 O 8 O V O O -8 O 8 O O Y oc[S [ G e[J _OOP g N}PAN O y'.- M •OONOO - N gtn�N Er o pp00000000ZZZZS - - om0ou 000aoo00o0o g.t -oao- Q If§ N::V!pq"p+ Ili OONOO 1 0 0 0 0 O1C O O O l f a 0 No = /�rnr oo aoo 9 Q p n F'n i Q N N N N N N N'N N N N N N N N N Vy ... a M iR NV V. i _$ 25So 6 4m S410 " $ 8 C8388& a 888 8 N g VI T m —M My M N M M MN rMuu N N N N N M N N g� S ; $G y $+ 3 i m +V0U Pit -^J- 8 g k ! gggggggg g i R ! ts _ out - • G 8 a 888888885N88 = 888 deF A S VN O - .0.00...... - -0 P ...ow 00000000000 -0001 o �{ 00000 - wrn gtEN-IPi. 000-W oao 0 0 0 0 0 0 o 0 0 o 0 0 O -0 o 01 0 o N WNNNNN NNANNNNNNNY•NN NNNN F --; ,- li u u Y F F g 1 m S e i5 n - i 1� - O S C R G8 8 8 u A88N88 888 8 N MV•NNNN N"MMM NMNNNNN N NN E s $ $ s 1 a ill iec.s lmd_os a ili -w+ 1 YES S S G s " ' 1288888888u88 8 888 RESOLUTION NO. 2011-199 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY K. CUNNINGHAM CONSTRUCTION CO. , INC. OF CEDAR FALLS, IOWA, IN CONJUNCTION WITH THE RUNWAY 18-36 REHABILITATION PROJECT AT THE WATERLOO REGIONAL AIRPORT, AND ACCEPTING THE WORK. WHEREAS, that K. Cunningham Construction Co. , Inc. of Cedar Falls, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $4, 957, 005 . 45 in conjunction with the Runway 18-36 Rehabilitation Project at the Waterloo Regional Airport, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 21st day of March, 2011 . 144414 / at' Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk d_>��`n . CITY OF WATERLOO , IOWA 'r �' 1:11, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5763 • (319)291-4366 Fax(319)291-4262 drerl00 ‘O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 03/21/11 BUCK CLARK Prepared: 03/15/11 Dept. Head Signature: # of Attachments: 7 COUNCIL MEMBERS SUBJECT: Acceptance of Purchase Offer for: 134 acres of wooded land on Sans DAVID Souci Island Parcel No. 891315301001, Sans Souci Association, Inc., $255,000.00. JONES Ward I Submitted by: Aric Schroeder, City Planner CAROLYN COLE Ward 2 Recommended City Council Action:Adopt a resolution approving the conditional offer form. HAROLD ward GE Summary Statement:Acceptance of purchase offer for the 134 acres of wooded land on Sans Souci Island Parcel No. 891315301001 (a vacant lot) as part of the QUENTIN Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. HART Ward 4 Expenditure Required: $255,000 less deductions for Duplication of Benefits RON WEB PER Source of Funds: Hazard Mitigation Grant Program, grant agreement number WarHMGP-DR-1763-0046 01 BOB GREENWOOD Policy Issue: N/A At-Large STEVE Alternative: N/A SCHMITT At-Large Background Information:The Council previouslyap proved the application, grant agreement and administrative plan for implementation of a Hazard Mitigation Grant Program (HMGP) 1763 Property Acquisition (Buy Out) to acquire properties damaged in the flood of 2008. The administrative plan and conditional offer form provide that the purchase offer is subject to the City Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Conditional Offer to Buy Property for the property. The Offer Form provides for a "Purchase Price" of the property. Please note that the purchase price is based on the pre-flood fair market value of the property, but is prior to required deductions, CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer including any duplication of benefits. The purchase price as so reduced will be the "Offer Price". If you have any questions or need any additional information regarding this matter, please contact our office. cc: Noel Anderson,Community Planning&Development Director Tim Andera,Associate Planner Adam Poll,Associate Planner Mark Boesen,Community Development file Path: K:\USERS\ARICS\City of Waterloo\council letters\Acquisition\03438-11 Council Communication Acceptance of Purchase Offer for Zevenbergen Parcel 891315326002.doc SECOND AND FINAL CONDITIONAL OFFER TO BUY PROPERTY TO: Sans Souci Association,Inc. ("Seller") FROM: City of Waterloo,Iowa("Buyer") Upon the terms and conditions set forth in this Second and Final Conditional Purchase Offer to Buy Property (the"Offbr"),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 Parcel No. 891315301001, more particularly described as set forth in attached Exhibit"A", and legally described as in 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(all of which interests are herein referred to as the"Property"). 1. PURCHASE PRICE. The Purchase Price shall be $255,000.00, which shall be due and payable in full at closing, subject to such deductions as are provided for in this Offer, to be delivered to Seller and others with an interest to be acquired upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. The Purchase Price may also be subject to deductions for duplication of benefits as described in paragraph 1 A below and, as applicable, insurance proceeds for property damage occurring after the date of this Offer. The Purchase Price as so reduced is referred to herein as the Offer Price. As one condition for eligibility to receive pre-flood market value for the Property, Seller must certify,on a form satisfactory to Buyer,that he or she is a National of the United States or a qualified alien. 1A. FLOOD BUYOUT ACQUISITION AND DEDUCTIONS. Seller acknowledges that Buyer is acting pursuant to the terms of a grant agreement with Iowa Homeland Security and Emergency Management Division in administering a voluntary property acquisition project (the "Project"). The Project is funded by the Federal Emergency Management Agency (FEMA) and U.S. Department of Housing and Urban Development (HUD). To prevent duplication of federal assistance made to flood disaster victims,HUD and FEMA require that certain types of assistance received by the Seller from State,Federal and private sources for flood-related damage be deducted in determining the Offer Price payable to Seller,including FEMA and/or SBA funds already disbursed. If applicable,a duplication of benefits statement has been issued that describes benefits previously received and the estimated amounts of any corresponding reductions in the Purchase Price. Deductions are estimates only, and a final determination on deductions will be made prior to closing. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations,possession of the Property shall be delivered to Buyer at closing, unless an extension has been agreed to in writing by the parties consistent with the administrative plan(the"Plan")adopted by Buyer with respect to the Project. Closing shall occur no later than one hundred twenty (120) days after Seller's acceptance of this Offer, unless extended to a later date by the parties in writing, but in any event after the approval of title by Buyer, satisfaction or waiver of other contingencies, and satisfaction of all Project conditions set forth in the Plan. Buyer does not agree to take possession subject to the rights of non-owner occupants,if any,now in possession. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. At closing Seller shall pay Buyer, or Buyer shall be given credit for, an amount equal to taxes from the first day of July prior to closing to the date of closing based upon the assessed value of the Property applicable to such fiscal year;provided that if the tax levy rate for such fiscal year has not been determined then the levy rate for the current fiscal year will be applied to determine the tax proration. Taxes shall be prorated as set forth in Iowa Code §427.2. 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, and all prior installments thereof. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Seller. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all other special assessments or installments not payable by Seller. 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, Seller shall promptly notify Buyer of same, and Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Offer null and void. The Property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 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, such as attached carpeting, built-in appliances and accessories, light fixtures and bulbs, awning, shutters, window shades, rods,blinds, ceiling fans, TV tower,antenna,rotor and controls,door chimes, fireplace grates and andirons,mailbox,installed sump pump,garage door openers and controls, and bushes, shrubs, and other vegetation. Also included, if not rentals, are satellite dish, water softener and filtration systems, installed alarm devices, propane tanks, and all other fixtures not hereinafter reserved by Seller in writing. 7. CONDITION OF PROPERTY. The Property as of the date of this Offer, including buildings,grounds, and all improvements, will be preserved by the Seller in its present condition until possession, ordinary wear and tear excepted. Except as expressly set forth in this Offer, Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Seller agrees to remove from the Property prior to possession all debris and personal property that is not included in this Offer, including but not limited to vehicles, vehicle parts,appliances,furniture and furnishings,storage containers,household cleaners and solvents,construction materials, firewood, and any other item of property that is not a fixture, unless Buyer is permitted an extension of time after closing pursuant to the Plan. Buyer shall be permitted to make a "walk through" inspection of the Property prior to closing as provided in the Plan. After acceptance of this Offer by Buyer, Buyer may, at its sole expense, conduct such inspections, investigations, and inventories of the Property as it deems reasonable or necessary, and for such purposes Seller hereby grants to Buyer, its employees, agents and contractors, the right to enter upon the Property at reasonable times and upon reasonable advance notice(oral or written). 8. ABSTRACT AND TITLE. Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses one. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party. The abstract shall become the property of Buyer when the Offer 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. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. If a survey is required under Iowa Code Chapter 354,or city or county ordinances,Buyer shall pay the costs thereof. Buyer may, at its expense prior to closing, have the Property surveyed and certified by a registered land surveyor. 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 MA 1T1.RS. The Seller hereby represents and warrants to Buyer that: A. Environmental Representations and Warranties: 1. There are not abandoned wells,agricultural drainage wells,solid waste disposal sites,or underground storage tanks(as defined in Iowa Code Chapter 455B)located in or about the Property. 2 2. There are no actively used or abandoned septic tanks or systems on the Property,except as identified here: 3. There is,and has been,no hazardous waste stored,generated,treated,transported,installed, dumped,handled or placed in,on,or about the Property. 4. At no time have any Federal or State hazardous waste clean-up funds been expended with respect to any of the Property. 5. There has never been any solid waste disposal site or underground storage tank located in,or about the Property,nor has there been any release from an underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property. 6... Seller has not received any directive,citation,notice,letter,or other communication,whether written or oral,from the Environmental Protection Agency,the Iowa Department of Natural Resources,any other governmental agency with authority under any environmental laws,or any other person or entity regarding the release,disposal,discharge,or presence of any hazardous waste on the Property,or any violation of any environmental laws. 7. To the best of Seller's knowledge,neither the Property,nor the real property contiguous to the Property,nor the predecessors in title to the Property,are in violation of,or subject to,any existing,pending,or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws. The foregoing representations and warranties,and the environmental indemnifications set forth in the following subparagraph B,shall survive the closing. In addition,the foregoing representations and warranties and the indemnifications provisions in this Offer shall not be affected by any study, investigation,or inspection of the Property by Buyer or the agents for Buyer. B. Environmental Indemnification. Seller agrees to indemnify, defend and hold harmless Buyer from and against any and all claims, demands, fines, penalties, causes of action, losses, damage, liabilities, expenses,and costs(including but not limited to court costs and reasonable attorneys' fees,which may include the value of services provided by Buyer's legal department or contract attorneys, incurred by Buyer to enforce this provision), asserted against or incurred by Buyer by reason of or arising out of the breach of any representation or warranty of Seller set forth above. C. Additional Environmental Provisions. Seller shall not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance as defined by applicable law, rule or regulation. If Seller receives any notice from any governmental authority or any other party regarding the release or presence or any hazardous waste or hazardous substance on any portion of the Property,then Seller shall immediately notify Buyer of such fact. In addition, Buyer or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time Buyer in its sole discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, Buyer may terminate this Offer immediately without further obligation or liability. 11. CONVEYANCE DOCUMENTS. Upon payment of the Offer 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 Offer. 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. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the Offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any 3 continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common;and Buyer in the event of death of any Seller, agrees to pay any balance of the Offer Price due Seller under this Offer to the surviving Seller and to accept a deed and bill of sale from the surviving Seller consistent with this Offer. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance, executes this Offer only for the purpose of relinquishing all rights of dower,homestead, and distributive share or in compliance with Iowa Code§561.13 and agrees to execute the deed or bill of sale for this purpose. 14. 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. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Offer Price may be used to pay taxes, assessments,and,other liens,to pay for the cost of removing Seller's personal property and debris from the Property, to pay judgments or satisfy title defects,to pay costs of closing and settlement that are Seller's responsibility to pay, and to acquire outstanding interests of others, if any. 16. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Offer 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. 17. REMEDIES OF THE PARTIES. Buyer and Seller are entitled to utilize any and all remedies or actions at law or in equity available to them, and the prevailing party shall also be entitled to obtain judgment for costs and attorney fees. 18. NOTICE. Any notice under this Offer 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. 19. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 20. NO LEASES. Seller represents and warrants to Buyer that there are no leases,tenancies,or other rights of occupancy for use of any portion of the Property, other than those identified here: Seller agrees to indemnify and hold harmless Buyer from and against any and all claims, demands,causes of action, damages, losses or liabilities whatsoever, arising from or in connection with any alleged leasehold interest, tenancy or other right of occupancy or use for any portion of the Property. 21. VOLUNTARY ACQUISITION. The Seller, as owner of the Property which has been damaged as result of flooding which is a presidentially declared disaster, acknowledges that Buyer has presented this Offer for the Property pursuant to Buyer's Voluntary Acquisition Program and the Seller's acceptance of this Offer is a voluntary acquisition. Seller represents and warrants that it is under no duress or coercive action by Buyer to accept this Offer, and Buyer will not pursue acquisition of this Property by eminent domain or other means if the Seller declines to accept this Offer as part of the Hazsrd Mitigation Grant Program for DR-1763. The Seller further acknowledges that if it accepts this Offer, it will be necessary to move permanently from the Property. 22. GENERAL PROVISIONS. In the performance of each part of this Offer, 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 Offer shall apply to and bind the successors in interest of the parties. This Offer shall survive the closing. This Offer 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 Offer. 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. 4 23. OTHER CONDITIONS. A. Notwithstanding any signatures below by representatives of Buyer, this Offer is expressly subject to approval by the city council of Buyer. B. Acceptance of this Offer will be deemed to occur only if all persons with an ownership interest in the Property have signed this Offer by the date specified in paragraph 25 below. Buyer will permit an extension of an additional thirty (30) days if Seller requests an extension in writing, and further extensions may be approved by Buyer under extraordinary circumstances beyond the reasonable control of Seller. If this Offer is not accepted by Seller on or before the expiration date or any approved extension it will be deemed to be rejected by Seller. If Seller does not wish to accept this Offer,Buyer requests that Seller notify Buyer as soon as possible. 24. ENTIRE AGREEMENT. This Offer 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. 25.ACCEPTANCE. When accepted,this Offer shall become a binding contract. If not accepted and delivered to Buyer on or before March 14,2011,this Offer shall be null and void. Dated February 4,2011. SELLER—SANS SOUCI ASSOCIATION,INC. BUYER—City of Waterloo,Iowa By: Richard Johnson, e dent Title: • 715 Mulberry Street M ureen Hastings,S cretary Waterloo,IA 50703 Date: 3-/G -// Attn:Tim Andera 1900 Four Winds Dr Cedar Falls,IA 50613 Approved by Waterloo City Council on by Resolution No. Authorized by: Attest: Date Approved: (Mayor) (City Clerk) 5 Exhibit "A" E 11.20 A GOVT LOT 7 FRL LOTS 1 & 2 MULLANS PLAT IN SW SE SE 2 A W 30.36 A GOV LOT 7 SW 2 A GOV LOT 7 MULLANS PLAT LOTS 1,2,3,4,5 & 8 MULLANS PLAT W 1/2 LOT 6 & LOT 7 EXC THAT PART E 1/2 THAT LIES S OF CENTERLINE OF CUT OFF NW 1 A 13 RODS SQ - GOVT LOT 7 NW SW GOVT LOT 6 ALL SW SW N OF CUT OFF SEC 15 T 89 R 13 E 386 FT OF SCHOOL LOT 54 S OF CEDAR RIVER IN SE SE SEC 16 T 89 R 13 E 386 FT N 108 FT NE NE SEC 21 T 89 R 13 ALSO ALL THAT PART N 1/2 NW LYING NE OF CUT OFF & NW OF SANS SOUCI RD & SW OF OLD CITY LIMITS SEC 22 T 89 R 13 EXC COM AT A PT ON E LINE SEC 21 T 89 R 13 WHICH IS 1280.87 FT N OF SE COR NE NE SEC 21 T 89 R 13 TH S 55 DEG 56 MIN W TO PT OF INTERS WITH A LINE WHICH IS 107.7 FT S OF AND PAR N LINE NE NE SAID SEC 21 TH E ALONG SAID PAR LINE TO E LINE SAID SEC 21 TH N TO PT OF BEG 6 2008 City of Waterloo �3 Property Acquisition Project _ . -r , .'_--fin_ - v- a' Sans Souci Association Property . 133 Acres of Govt Lot 7 i � r , _; .} LL . / -. - = -= —. _ N_ i 1.1— FOL.� E 4 k Parcel #891315301001 D Sans Souci Association ` Mail dam} . - m ,tom - -4- _ LL Legend . ,, . 4e — % tine n Property Lines ; I - , c5_ - - r _ G�°°' N ik gAN'tProperty in Question ) �o aso 0 soof✓ \l1 1 1 ,r--�-� Feet EXHIBIT "A" Government Lot 5 in Section 15 that lies North of the centerline of the Cut Off AND Government Lot 6 in Section 15 AND Government Lot 7 in Section 15, except the West 30.36 acres and Commencing at the Southwest corner of Government Lot 7 in Section 15; thence running North 20 rods; thence East 16 rods; thence South 20 rods; thence West 16 rods to the place of beginning and Commencing at the Southeast corner of the West 30.36 acres of Government Lot 7 in Section 15: thence running North 20 rods; thence West 16 rods; thence South 20 rods; thence East 16 rods to the place of beginning and Commencing at the Northwest corner of Government Lot 7 in Section 15; thence running South 13 rods, thence East 13 rods; thence North 13 rods; thence West 13 rods to the place of beginning AND Lots 1, 2, 3, 4 and 8 and Fractional Lots 1 and 2 in Chas. Mullan Plat of Government Lot 8 in Section 15 AND Lot 5 in Chas. Mullen Plat of Government Lot 8 in Section 15 lying Westerly of Johnson Road as platted in the Re-Plat o.f part of Original Plat of Sans Souci AND Lots 6 and 7 in Chas. Mullen Plat of Government Lot 8 in Section 15 except that part thereof described in Doc. #2010-16839 AND All that part of the Southeast Quarter of the Southeast Quarter of Section 16 and that part of the Northeast Quarter of the Northeast Quarter of Section 21 described as follows: Commencing at a point on the East line of said Section 21 that is 107.7 feet South of the Northeast corner of said Section 21: running thence West along a line that is parallel with the North line of said Section 21 to a point that is 952 feet East of the West line of the Northeast Quarter of the. Northeast Quarter of said Section 21; thence North to the South bank of the Cedar River, a distance of 468.2 feet, more or less, thence Easterly along the Southerly bank of the Cedar River to the East line of said Section 16: thence South to the point of beginning, except that part thereof described in 502 Deeds 248 AND All that part of the North One-half of the North One-half of Section 22 that lies Northeasterly of the centerline of the Cut Off, Northwesterly of West Conger Street (formerly Whitney and Sans Souci Road as platted in Re-Plat of part of Original Plat of Sans Souci). Southwesterly of Johnson Road (as platted in Re-Plat of part of Original Plat of Sans Souci ). All in Township 89 North, Range 13 West of the 5°b P.M. in Black Hawk County, Iowa. RESOLUTION NO. 2011-200 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACT TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED IN CONJUNCTION WITH THE HAZARD MITIGATION GRANT PROGRAM PROPERTY ACQUISITION PROJECT. WHEREAS, the City of Waterloo, Iowa, has had the parcel described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcel is in conjunction with the Hazard Mitigation Grant Program Property Acquisition Project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcel hereinafter described to sell the same to the City of Waterloo, Iowa, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the property from the owners thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property from City funds . The subject address is: Owners - Sans Souci Association, Inc. Parcel ID - 891315301001 on Sans Souci Island Total Acquisition - $255, 000. 00 Government Lot 5 in Section 15 that lies North of the centerline of the Cut Off AND Government Lot 6 in Section 15 AND Government Lot 7 in Section 15, except the West 30 . 36 acres and Commencing at the Southwest corner of Government Lot 7 in Section 15; thence running North 20 rods; thence East 16 rods; thence South 20 rods; thence West 16 rods to the place of beginning and Commencing at the Southeast corner of the West 30 . 36 acres of Government Lot 7 in Section 15; thence running North 20 rods; thence West 16 rods; thence South 20 rods; thence East 16 rods to the place of beginning and Commencing at the Northwest corner of Government Lot 7 in Section 15; thence running South 13 rods, thence East 13 rods; thence North 13 rods; thence West 13 rods to the place of beginning AND Lots 1, 2, 3, 4 and 8 and Fractional Lots 1 and 2 in Chas . Mullan Plat of Government Lot 8 in Section 15 AND Lot 5 in Chas . Mullan Plat of Government Lot 8 in Section 15 lying Westerly of Johnson Road as platted in the Re-Plat of part of Original Plat of Sans Souci AND 1 Resolution No. 2011-200 Page 2 Lots 6 and 7 in Chas . Mullan Plat of Government Lot 8 in Section 15 except that part thereof described in Doc. #2010-16839 AND All that part of the Southeast Quarter of the Southeast Quarter of Section 16 and that part of the Northeast Quarter of the Northeast Quarter of Section 21 described as follows : Commencing at a point on the East line of said Section 21 that is 107 . 7 feet South of the Northeast corner of said Section 21; running thence West along a line that is parallel with the North line of said Section 21 to a point that is 952 feet East of the West line of the Northeast Quarter of the Northeast Quarter of said Section 21; thence North to the South bank of the Cedar River, a distance of 468 . 2 feet, more or less, thence Easterly along the Southerly bank of the Cedar River to the East line of said Section 16; thence South to the point of beginning, except that part thereof described in 502 Deeds 248 AND All that part of the North One-half of the North One- half of Section 22 that lies Northeasterly of the centerline of the Cut Off, Northwesterly of West Conger Street (formerly Whitney and Sans Souci Road as platted in Re-Plat of part of Original Plat of Sans Souci) , Southwesterly of Johnson Road (as platted in Re-Plat of part of Original Plat of Sans Souci) . All in Township 89 North, Range 13 West of the 5th P.M. in Black Hawk County, Iowa, all in the City of Waterloo, Black Hawk County, Iowa. PASSED AND ADOPTED this 21st day of March, 2011 . ."67 at/ Ernest G. ark, Mayor ATTEST: Suzy Schar s, CMr City Clerk Y RESOLUTION NO. 2011-200 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACT TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED IN CONJUNCTION WITH THE HAZARD MITIGATION GRANT PROGRAM PROPERTY ACQUISITION PROJECT. WHEREAS, the City of Waterloo, Iowa, has had the parcel described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcel is in conjunction with the Hazard Mitigation Grant Program Property Acquisition Project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcel hereinafter described to sell the same to the City of Waterloo, Iowa, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the property from the owners thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property from City funds. The subject address is : Owners - Sans Souci Association, Inc. Parcel ID - 891315301001 on Sans Souci Island Total Acquisition - $255, 000 . 00 Government Lot 5 in Section 15 that lies North of the centerline of the Cut Off AND Government Lot 6 in Section 15 AND Government Lot 7 in Section 15, except the West 30 . 36 acres and Commencing at the Southwest corner of Government Lot 7 in Section 15; thence running North 20 rods; thence East 16 rods; thence South 20 rods; thence West 16 rods to the place of beginning and Commencing at the Southeast corner of the West 30 . 36 acres of Government Lot 7 in Section 15; thence running North 20 rods; thence West 16 rods; thence South 20 rods; thence East 16 rods to the place of beginning and Commencing at the Northwest corner of Government Lot 7 in Section 15; thence running South 13 rods, thence East 13 rods; thence North 13 rods; thence West 13 rods to the place of beginning AND Lots 1, 2, 3, 4 and 8 and Fractional Lots 1 and 2 in Chas . Mullan Plat of Government Lot 8 in Section 15 AND Lot 5 in Chas . Mullan Plat of Government Lot 8 in Section 15 lying Westerly of Johnson Road as platted in the Re-Plat of part of Original Plat of Sans Souci AND Resolution No. 2011-200 Page 2 Lots 6 and 7 in Chas . Mullan Plat of Government Lot 8 in Section 15 except that part thereof described in Doc. #2010-16839 AND All that part of the Southeast Quarter of the Southeast Quarter of Section 16 and that part of the Northeast Quarter of the Northeast Quarter of Section 21 described as follows: Commencing at a point on the East line of said Section 21 that is 107 . 7 feet South of the Northeast corner of said Section 21; running thence West along a line that is parallel with the North line of said Section 21 to a point that is 952 feet East of the West line of the Northeast Quarter of the Northeast Quarter of said Section 21; thence North to the South bank of the Cedar River, a distance of 468 . 2 feet, more or less, thence Easterly along the Southerly bank of the Cedar River to the East line of said Section 16; thence South to the point of beginning, except that part thereof described in 502 Deeds 248 AND All that part of the North One-half of the North One- half of Section 22 that lies Northeasterly of the centerline of the Cut Off, Northwesterly of West Conger Street (formerly Whitney and Sans Souci Road as platted in Re-Plat of part of Original Plat of Sans Souci) , Southwesterly of Johnson Road (as platted in Re-Plat of part of Original Plat of Sans Souci) . All in Township 89 North, Range 13 West of the 5th P.M. in Black Hawk County, Iowa, all in the City of Waterloo, Black Hawk County, Iowa. PASSED AND ADOPTED this 21st day of March, 2011 . xe4141.- leg/ Ernest G. Clark, Mayor ATTEST: uzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 15, 2011 Dept. Head Signature: --"C # of Attachments: SUBJECT: Recommendation - Award of Bid to Harrison Truck Center for one (1) 2012 Rear Load Garbage Truck Submitted by: Mark Rice, Central Garage Superintendent Recommended City Council Action: Approval Summary Statement: Recommend that the bid from Harrison Truck Center for a 2012 Freightliner M2 106 with Nu-Way Cobra 25 Yard Rear Loader be approved. Expenditure Required: $124,582.09 Source of Funds: 525.15-5400.2117 Policy Issue: Alternative: Background Information: Two truck bids were received with three packer unit bids. Bids received were: Harrison Truck Center, Elk Run Freightliner Nu-Way Packer $124,582.09 Truck Country Cedar Rapids Freightliner Nu-Way Packer $125,846.09 Harrison Truck Center, Elk Run Freightliner Wayne Phoenix III $129,884.00 Truck Country Cedar Rapids Freightliner Wayne Phoenix III $131,148.00 It is my recommendation that the bid for one (1) 2012 Freightliner from Harrison Truck Center, Elk Run Heights with a 25-yard Nu-Way Cobra Rear Loader be accepted. RESOLUTION NO. 2011-201 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO HARRISON TRUCK CENTER OF ELK RUN HEIGHTS, IOWA, IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2011 REAR LOAD GARBAGE TRUCK, IN THE AMOUNT OF $124, 582 . 09. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Harrison Truck Center of Elk Run Heights, Iowa, in the amount of $124, 582 . 09, in conjunction with the purchase of one (1) 2011 Rear Load Garbage Truck described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-147, after public hearing on March 7, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 21st day of March, 2011 . Zee".". Ernest G. Clark, Mayor ATTEST: • Suzy Scha es, CMC City Cler (27 n CITY OF WA I'1tRLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 15, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Library-Flooring Replacement - 3rd Floor Submitted by: Craig Clark - BO/MA Recommended City Council Action: Approve recommendation of award of contract in the amount of$23,891.51 to Floor Decor of b v Waterloo, Iowa in conjunction with City of Waterloo Library-Flooring Replacement for 3rd floor be received,placed on file and adopted. Approve Contract, Bonds and Certificates of Insurance in the amount of$23,891.51 to Floor b2Decor of Waterloo, Iowa in conjunction with City of Waterloo Buildings Library - Flooring Replacement 3rd floor, be adopted and Mayor and City Clerk authorized to execute same. Summary Statement Floor Decor was the only bid received for this project. The engineer's estimate was $33,000.00. Expenditure Required $ 23,891.51 Source of Funds 409-22-3100-2152 Background Information: Carpet being removed is 32 years old. 1 rt #4 , Ph. (319) 232-9242 • FAX (319) 232-1516 706 Ansborough Avenue Waterloo, Iowa 50701 To: City of Waterloo March 8, 2011 From: Joe Marr Re:Flooring estimate, 3`d floor of Waterloo public library The following is our estimate to provide and replace the carpeting on the 3`d floor of the Waterloo public library. Style, Fluid form carpet tile 709.08sqyds @$23.59 $16727.20 Carpet labor 709.08sqyds @$ 5.50 $ 3900.00 Carpet tear out 709.08sqyds @ $ 2.25 $ 1382.06 Stair treads 12ft @ $ 5.00 $ 60.00 Vinyl tile for janitor room 45ft @ $ 1.25 $ 56.45 Vinyl labor min charge $ 75.00 Carpet glue $ 780.00 6" cove base 400ft @ 2.09 $ 836.00 Floor prep $ 75.00 Total - $23,89 5 Enclosed is a copy of our insurance,and a check for$1195.00 to cover our 5%bid bond. Please contact me if you have any questions or concerns. Thank you, / — oe Marr CABINETS • CARPET • VINYL • CERAMIC TILE Mar 11 11 11:55a Al Smith State Farm Ins 3192328069 p.1 Certificate of Insurance • This certifies that x State Farm Fire and Casualty Company, Bloomington, Illinois STATE State Farm General Insurance Company, Bloomington,Illinois c c'I State Farm Fire and Casualty Company,Aurora,Ontario I NSIIIIAN9, State Farm Florida Insurance Company,Winter Haven,Florida State Farm Lloyds, Dallas,Texas insures the following policyholder for the coverages indicated below: Policyholder Floor Decor Inc Address of policyholder 706 Ansborough Ave, Waterloo, IA 50701 Location of operations various locations in Iowa Description of operations Floor and cabinet sales and installation The policies listed below have been issued to the policyholder for the policy periods shown.The insurance described in these policies is subject to all the terms, exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) 95-BR-0972-1 Comprehensive 081041201D 081D412E111 BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes: X Products-Completed Operations X Contractual Liability Each Occurrence $ 1,000,000.00 X Personal Injury X Advertising Injury General Aggregate $ 2,000,000.00 Product-Completed $ 2,000,000.00 Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Policy Number EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) Umbrella Each Occurrence $ Other Aggregate $ Policy Period Effective Date Expiration Date Part I- Workers Compensation-Statutory Workers' Compensation Part II-Employers Liability and Employers Liability Each Accident $ Disease-Each Employee $ Disease-Policy Limit $ Policy Period Limits of Liability Policy Number Type of Insurance Effective Date I Expiration Date (at beginning of policy period) - i THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certification Holder If any of the described policies are canceled before City of Waterloo their expiration date,State Farm®will try to mail a 715 Mulberry St written notice to the certificate holder 30 days Waterloo, IA 50703 before cancellation.If we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. aZ‘A/fid,fr:A??Ifi, . ../7,146÷4._co Signature of Authorized R eserdative Al.SMITH INSURANCE Agent 03I11120h 213 E San NNW Or Title Date Waterloo,IA60702 Allen LSmith Phone-(319)MOSS Agent Name Fax(319)232$089 email atsidurnidiagenoy.00 r Telephone Number (319) 232-6585 Agem's Coos Stamp Agent Code 15-3361 AFO Code F177 1001260 106393.1D 08-25-2009 RESOLUTION NO. 2011-202 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO FLOOR DECOR OF WATERLOO, IOWA, IN CONJUNCTION WITH THE LIBRARY THIRD FLOOR CARPET REPLACEMENT, IN THE AMOUNT OF $23, 891 . 51 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the contract to Floor Decor of Waterloo, Iowa, in the amount of $23, 891 . 51, in conjunction with the Library Third Floor Carpet Replacement described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-163, after public hearing on March 14, 2011 on published notice required by law, be and is hereby awarded. PASSED AND ADOPTED this 21st day of March, 2011 . Agi E nest GClar. k, Mayor ATTEST: Suzy Scha es, CMC City Cler RESOLUTION NO. 2011-203 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE WITH FLOOR DECOR OF WATERLOO, IOWA, IN CONJUNCTION WITH THE LIBRARY THIRD FLOOR CARPET REPLACEMENT, IN THE AMOUNT OF $23, 891 . 51, AND AUTHORIZING THE MAYOR TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds, and Certificate of Insurance with Floor Decor of Waterloo, Iowa, in the amount of $23, 891 . 51, in conjunction with the Library Third Floor Carpet Replacement, described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-163, after public hearing on March 14, 2011 on published notice required by law, be and are hereby approved, and the Mayor is hereby authorized to execute said documents . PASSED AND ADOPTED this 21st day of March, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 15, 2011 Dept. Head Signature: Sheryl McGovern` 1,1 # of Attachments: 1 SUBJECT: Resolution Approving Recommendation of Award of Bid to Demco, Inc. of Madison WI in the amount of$97,390 in conjunction with the Waterloo Public Library's RFID Conversion Project. Submitted by: Sheryl McGovern, Library Director Recommended City Council Action: Approval Summary Statement: This is a recommendation to approve purchasing an RFID system from Demco, Inc of Madison, WI in the amount of$97,390 in conjunction with the Waterloo Public Library's RFID Conversion Project. Expenditure Required: 97,390 for the Demco portion. The entire project cost is estimated at $169,190. Source of Funds: CIP $48,790; Black Hawk County Gaming$74,900, Carver Grant$45,500 Policy Issue: None Alternative Background Information: The library's current selfcheck machines are 10 years old (original cost was approximately$50,000), and need replacement. In planning this replacement, it is more cost effective to also replace our current magnetic/optical system with RFID tags. This will be more accurate, it will cut down on staff time and repetitive motion, and be more patron friendly. cu 000000 O O O O O O O O l�0 CO o O LI) 0 0 0 O N N 4 c N O N V N. 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GJ C7 \ O r0 CO ) O (0 0 " a> c " C c C N Y E " CO N O 7 (11 G C ,C c CO •c ha y r0 Y CU R •to «+ 'rc'0 F' I— u N N N v)) N u 1- 2 F C RESOLUTION NO. 2011-204 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO DEMCO, INC. OF MADISON, WISCONSIN, IN CONJUNCTION WITH THE PUBLIC LIBRARY' S RADIO FREQUENCY IDENTIFICATION (RFID) CONVERSION PROJECT, IN THE AMOUNT OF $97, 390 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Demco, Inc. of Madison, Wisconsin, in the amount of $97, 390 . 00, in conjunction with the Public Library' s Radio Frequency Identification (RFID) Conversion Project, described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-016, after public hearing on January 10, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 21st day of March, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk �_� j�" "mooCITY OF WATERLOO , IOWA m COMMUNITY PLANNING AND DEVELOPMENT d ^^^� O� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rer100 NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: March 21, 2011 Mayor Prepared: March 16, 2011 BUCK Dept. Head Signature: Noel Anderson CLARK # of Attachments: COUNCIL MEMBERS SUBJECT: Request for an amendment to the Development Agreement between the City of Waterloo and Black Hawk Contracting and Development Co.,for the DAVID construction of 5 single-family houses in the 200 block of East 8th Street. JONES Ward 1 Submitted by: Noel Anderson, Community Planning & Develoiment CAROLYN Director COLE Ward 2 Recommended City Council Action:Approval HAROLD Summary Statement: Transmitted herewith is a request to amend the original wWard development agreement entered into between the City of Waterloo and Black Hawk Contracting and Development Co. for the construction of 5 single-family QUENTIN houses along East 8th Street. The original agreement was approved by the City HART Council on February 7, 2011. Within the agreement,the developer had been given Ward 4 a timeline of completion of the new houses by May 31, 2011, however, the RON company has been exploring several options for the design and layout of the new WEEPER house to best suit their buyers, and needs further time for the completion of the Ward 5 project. Staff is recommending that it is necessary to move the back the date of BOB substantial completion of the new houses as July 31, 2011. Currently,the GREENWOOD developer has taken out 3 permits within the past week, and foundation work is At-Large scheduled to begin shortly. STEVE SCHMITT Also, the developer has noted that the proposed new homes are assessing for At-Large $122,000.00, most notably due to the difficulty of finding comparable sales of new single-family houses in the surrounding neighborhood. They have noted that it would be difficult to get the houses valued at approximately$150,000.00, and has requested that the wording in the agreement be changed to say that the new houses "shall have a value of up to $150,000.00". Staff is acceptable of this new wording and does not believe that the change would negatively impact the original development agreement and the project. Expenditure Required: None Source of Funds: N/A CITY WEBSITE:E FORtYrbo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Landuse, Infill and Economic Development Alternative: Background Information: This particular area is a target area for the overall redevelopment of the downtown/riverfront area, where it is anticipated to be redeveloped with new residential development. The City has been actively purchasing properties within this area to allow for this type of infill redevelopment to occur. Staff is anticipating that this project will encourage further investment in this area by other developers, and demonstrate that redevelopment in the core of the City is a possibility. Legal Description: Original Plat, Waterloo East, Block 18, Lot 2, and Original Plat,Waterloo East, Block 18, Lot 3, and li Original Plat, Waterloo East, Block 18, Lot 6, and Original Plat, Waterloo East, Block 18, Lot 7, and Original Plat, Waterloo East, Block 18, Lot 10 all in the City of Waterloo, Black Hawk County, State of Iowa NA:ta cc: Aric,Schroder,City Planner Rudy Jones,Community Development Director Michelle Weidner,Finance --file— I Prepared by Noel Anderson,City of Waterloo,City Hall,715 Mulberry Street,Waterloo,Iowa 50703 phone:319-291- 4366,facsimile 319-291-4262 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement(the"Amendment")is entered into as of , by and between the City of Waterloo, Iowa("City")and Black Hawk Contracting and Development Co.("Company"). RECITALS A. Company is a party with City to certain Development Agreement and Minimum Assessment Agreement dated February 7,2011 (the"Agreement")concerning the development of land as described in the Agreement. B. Company has a timeline of taking out a building permits for the construction of 5 single-homes within the 200 block of East 8"Street,with substantial completion by July 31,2011. C. Company shall construct 5 single-family homes with a double attached garage with an approximate value of up to$150,000.00 D. Company has been exploring several options for the design and best layout of the houses for their buyers, and needs further time for completion of the project. It is necessary to move back the date of substantial completion of the houses to July 30, 2011. Also, per the original development,a"minimum value of approximately $150,000.00 per dwelling"was required, however,the proposed homes are assessing at$122,000.00, due to the difficulty of finding comparable sales of new single-family houses within the surrounding neighborhood. It is necessary to change the wording in the agreement to reflect for"a value of up to$150,000.00" E. All other terms of the Development Agreement would remain the same. NOW,THEREFORE,in consideration of the mutual promises set forth herein,the parties hereby agree as follows: 1. The Timeliness of Completion wording set forth in Section 3 of the Agreement is hereby amended to read as having a"substantial completion of the houses by July 31, 2011". 2. The Minimum Value wording set forth in Section 2 of the agreement is hereby amended to read as"the 5 new-single family houses shall have a minimum value of up to$150,000.00". IN WITNESS WHEREOF,the parties have executed this First Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Black Hawk Contracting and Development Co. CITY OF WATERLOO, IOWA By: By: John R. Rooff, Ill, Developer Ernest G.Clark, Mayor By: Suzy Schares, City Clerk \ / ���: $Illosl p �lllllllllolLllll X010100 5 - khalif/" i gi Pi Iva';l1 r+i: it 5 N E �IN i 10 Ij1,Ai$}fi<ioawa3� K:F 110PA \ aisao g RIPPO�75;FF ,/Pi 3 �. , F 7111t! P i ` 44P:_t_..... / c VI/A, . .74' 4.;N:N* ,,t'›- ."/%01 A1/9- / * \'.: \ \ 40AZ1,, /1� c/ 4 \::'\ �y _j T# / �j \ \ 01 ',,,,:....., ..../.,/, „ ,,,,„. . \`‘N I s... �°\ / / ? s /// 0%, ` . \ 464'''‘'," ....' • k..1P. \ N\ :::-' ''' .4. \ /' / ?. .<.-t4s` :7 .. .-_--N\ et . A > ± 4 ,,, 4,4. w--, W /�. 99 \ 41�Tr � . A , e. 4+ . ,fr ‘, \ /////4-ff:,,ss ),,,,.///;# / p°A41.„4, ry \ / / 4,,\ +\o' • / :11isI, € S cp am Pigill B E ii;504: .kaSxA 9 g 5 3 c k k : 168� NS a i' s s • ro Ali; N �BAE 'i v5 5� 5g a5 O NnE�F$ LS I o a 1 I q' j ! QA y e� 10491,v f;6!11 s pi R F,' S h 15 to - rig E zai Eg a ttd X ��u. = i"i i a a?. I; 1I ; iI.I.54 I� 5 " a ''E pkIrHiEii §4 9P q 9 II !1a }v g� v 3F qa X ilia , 2 A F II MI 4F N" Mg NI 'S 1 15�sop i5 §�. I i• R2 pi 9 •F• is i cf. 4 i °11 r. I CONSTRUCTION LAYOUT FOR PROPOSED HOUSING E Ie e E } EAST S OF LOT 3. LOT �. LOT n LOT 0 O. LOT ,O. 6A of I , E 14TaT • 9®6T N0. 1 OP 1 E45T!)411T1 ST.IEE T.aR Of WAIQ.LpJ.BLI.IX XAM(COUNTY.STALE Cf IONA RESOLUTION NO. 2011-205 RESOLUTION APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH BLACK HAWK CONTRACTING & DEVELOPMENT, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the First Amendment to the original Development Agreement dated February 7, 2011, extending the substantial completion date from May 31, 2011 to July 31, 2011 and changing the valuation requirement to read the new houses "shall have a value of up to $150, 000 . 00" for the construction of five new single-family homes on the half-block of land conveyed by the City of Waterloo on the eastern side of East 8th Street, spanning from Lafayette Street to Sycamore Street, by and between Black Hawk Contracting & Development, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of March, 2011 . _itezdf-7e4e., Ernest G. Clark, Mayor ATTEST: Suzy Sch4res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 15, 201 Dept. Head Signature: # of Attachments: SUBJECT: ENGINEERING AGREEMENT FOR RIVERVIEW RECREATION AREA PASSIVE UNIT ENHANCEMENTS Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request that the City Council approve and authorize the Mayor to sign an Agreement with Wayne Claassen Engineering& Surveying, Inc. of Waterloo, Iowa for Engineering Services for 2011 REAP Riverview Area Passive Unit Enhancements. Summary Statement: This Agreement provides design construction documents, surveying and oversight during construction for two fishing jetties, trail extension and vault toilet facilities at Riverview Recreation Area, 2400 Block of Mitchell Avenue, Waterloo, Iowa. Expenditure Required: $16,000 Source of Funds: CIP Riverview Park Improvements Policy Issue: NA Alternative: NA Background Information: Approved by the Finance Committee on 2/14/11. REAP Agreement 11-R4-WR Grant was awarded 11/23/10 for$171,902.00. Completion date: 12/31/12. RESOLUTION NO. 2011-206 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated March 21, 2011, at a cost of $16, 000. 00, for engineering services in conjunction with the 2011 REAP Riverview Recreation Area Passive Unit Enhancements, by and between Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of March, 2011 . If4-ee21-11-, Ernest G. Clark, ayor ATTEST: C:R 1N1,' Jib Suzy Schr s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 16, 2011 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: F.Y. 2011 Downtown Wayfinding Signage City Contract No. 783 STP-U-815 5(719)-70-0 7 Agreement With JDE Engineering Construction-Related Services Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Approve a Professional Services Agreement with JDE Engineering and authorize Mayor to sign and enter into said agreement. Summary Statement: This is for construction-related services on the above-referenced project and includes two subconsultants - Craig Ritland Landscape Architects and Terracon Consultants, Inc. The agreement includes a specific rate of compensation for an amount not to exceed $36,938.90. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required $36,938.90 Source of Funds Federal STP Funds -$29,551.12, General Obligation Bonds =$7,387.78 Policy Issue N/A Alternative N/A Background Information: In 2009, a comprehensive plan was put together for implementation of a wayfinding system in downtown Waterloo to provide helpful visitor directions to downtown destinations. Craig Ritland Landscape Architects teamed with Vandewalle and Associates, Inc. to complete a study with a detailed downtown wayfinding plan and signage concepts, that were vetted with local stakeholders. last year, the plan was expanded to include guide signs along the primary highway routes of US 63 and US 218. The guide signs will be furnished to the City under this contract and then will handed over to the DOT for installation. RESOLUTION NO. 2011-207 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH JDE ENGINEERING, PLC AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated March 21, 2011, at a cost of $36, 938 . 90, for construction related services in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, by and between JDE Engineering, PLC of LaPorte City, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of March, 2011. ketteer7'ai Ernest G. Clark, Mayor ATTEST: uzy Sc res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 15, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 16 -$18,093.38 INCREASE F.Y. 2007 RIVERLOOP EXPOSITION PLANZA, PHASE 1 CONTRACT NO. 721 Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 16 in the amount of$18,093.38. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project. Expenditure Required Source of Funds Gaming,WDC, Local Option, CAT Grant and other private funding sources Policy Issue N/A Alternative None Background Information: Cc: Louis Starks, Contract and Grants Coordinator Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: March 21, 2011 Prepared: March 15, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2007 RIVERLOOP EXPOSITION PLAZA, PHASE 1 K. CUNNINGHAM CONSTRUCTION CO., INC. Contract No. 721 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: It is recommended that this project be accepted. Summary Statement I report that K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, has completed the F.Y. 2007 RIVERLOOP EXPOSITION PLAZA, PHASE 1, CONTRACT NO. 721 in accordance with the plans and specifications. The total cost of the contract was $3,289,133.30. Transmitted also is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2) years. Expenditure Required Source of Funds Gaming, WDC, Local Option, CAT Grant and other private funding sources Policy Issue N/A Alternative None Background Information: Cc: K. Cunningham Construction Co., Inc. Louis Starks, Contract and Grants Coordinator Pauline Closson, Engineering Department RESOLUTION NO. 2011-208 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY K. CUNNINGHAM CONSTRUCTION CO. , INC. OF CEDAR FALLS, IOWA, IN CONJUNCTION WITH THE F.Y. 2007 RIVERLOOP EXPOSITION PLAZA, PHASE 1, CONTRACT NO. 721, AND ACCEPTING THE WORK. WHEREAS, K. Cunningham Construction Co. , Inc. of Cedar Falls, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $3, 289, 133 . 30 in conjunction with the F.Y. 2007 Riverloop Exposition Plaza, Phase 1, Contract No. 721, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 21st day of March, 2011 . 141P'"1/AL Ernest G. Clark, Mayor ATTEST: Suzy Schores, CMC City Cletk CITY OF WATERLOO liefit //It Committee Communication City Council Meeting:March 21, 2011 Prepared:March 15, 2011 Dept.Head Signature: #of Attachments: SUBJECT: Request by Mr. and Mrs. Ickev Buchanan to purchase two vacant lots commonly known as 215-217 Courtland Street for$750 per lot minus clean up costs of$1,000. Submitted by: Noel Anderson, Community Planning and Development Director Recommended Council Action: That the City Council set a date of public hearing on the sale of city owned property and publish an official notice pertinent to the requested sale. Summary Statement: As you may recall the City acquired 215.217 Courtland Street through the 657A process in 2009. The property has since been torn down and is available for sale. The remaining parcels of land are 28' x 150' or 4,200 sq. ft. Neither of the lots meets current minimum lot width requirements of 50 ft, but are considered lots of record therefore making them legal non-conforming parcels. According to Black Hawk County, the land has an assessed value of$750. The City has received a request by Mr. and Mrs. Ickey Buchanan to purchase each parcel for$750 for a total of$1,500 minus$1,000 for removal of cement garage floor left after demo of large 4-stall garage and removal of involuntary trees. It is their intention to build a 3-stall garage on the property, which is adjacent to their home at 221 Courtland Street. However, Mr. Buchanan can't commit to a 12-month timetable for the construction of the proposed garage. However, Mr. Buchanan is offering the full- assessed value of the property, which meets the Sale of City Owned Property Policy including the requested deductions for cleanup of the site. There will be a 12-month development agreement signed by the applicant to ensure the concrete slab is removed as stated in the application. Expenditure Required N/A Source of Funds N/A Policy Issue Dilapidated Housing Alternative: Leave vacant Legal Description: Lot No. 4 in "W.L. Illingsworth addition." Background Information: Cc Noel And erson, CommunityPlanning and Develop ment Director Aric Schroeder, City Planner Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma• Parcel ID: 8913-25-202-009 Deed Holder: CITY OF WATERLOO L ILLINGWORTHS ADDITION W 1/2 LOT4 _ - t- r ti F NDEPENDENCE YE. _ gg Selectee �� parceldrm - �1'' _£ ' - c , - . - - ". aw YI Nrlel P!wroa eimen Bark Hawn to r^-e� an. ` ¢ *.* wu,oea. 6 - 3 ..Sv . 4 M water - =.) s "` Parem. - S t,: ^ , 'T ,' i7- _ r wamSarav,y ' l. ( r44 t _ TPwa.nlp t _ .' aryl,... nureaa eim y e 1• _ v.temma_ a _____ --, - -d'' ale a 0 s It. I le r -.. r 'r . 5la' _ _ _ ... - .- .. l' _ - : -4" Fr----f,a0; t : iFil-f:--6 r : L `3 g} C -,- P 6 t t _c , --:.4--- -,-,--- _ N---- --_ , i,_ •• , 1 11 9 p.-, ',_,. f -- -.-'s _44-i' --4:-_1!Lt-III:;41V-I_a v,;-_? H4vcmwnenfMs-c ni Icl?992-ma1GSM- k 0.� —•=-,-�8Gft ':4111/iii Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 16 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor•co black-hawk la usor detailed le.al information. http://www2.co.black-hawk.ia.us/servlet/com.a sri.esrimap.Esrimap?ServiceName=bhov&... 3/16/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-202-008 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED 7 EWTLO-02 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer Date Drawn Date Filed Recorded Document Type 6/11/2010 6/21/2010 2010 023974 D SALES BUILDING PERMIT None Date Number Amount Reason 1/27/2004 WA HA 1432 50 Misc ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action E 100% Land Dwelling Building M/E Total Acres Value 750 0 0 0 750 0 Taxable Land Dwelling Building M/E Total Value 750 0 0 0 750 Year Class 2010 E 100% Land Dwelling Building M/E Total Acres Value 2,290 17.280 0 0 19,570 0 Taxable Land Dwelling Building M/E Total Value 2,290 17.280 0 0 19,570 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 2,290 17,280 0 0 19,570 0 Taxable Land Dwelling Building M/E Total Value 1,074 8,106 0 0 9,180 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 2,290 17,280 0 0 19,570 0 Taxable Land Dwelling Building M/E Total Value 1,044 7,878 0 0 8,922 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 941131 -WATERLOO RATH AREA TIF AMD1 District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax — Corp 19,570 9,180 0 42.76081 $392.54 $392.00 Nocorp 0 0 0 0 _$0.00 I I I I http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202008 3/16/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 Homestead Disabled Veteran Property Tax Relief g Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL IW L ILLINGWORTHS ADDITION E 1/2 LOT 4 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 28 28 150 150 0 4200 0.096 Foot Totals: 4200 0.096 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202008 3/16/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-202 009 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED 7 EWTLO-02 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer Date Drawn Date Filed Recorded Document Type 6/11/2010 6/21/2010 2010 023974 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number Amount Reason 12/31/19878,000 RESIDENTIAL SALE OF TWO OR 12/3/2010 WA 09542 0 Demo/Rmvl MORE PARCELS-SINGLE CONSIDERATION / Contract ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action E 100% Land Dwelling Building M/E Total Acres Value 750 0 0 0 750 0 Taxable Land Dwelling Building .M/E Total Value 750 0 0 0 750 Year Class 2010 E 100% Land Dwelling Building M/E Total Acres Value 2,290 17,500 0 0 19,790 0 Taxable Land Dwelling Building M/E Total Value 2,290 17,500 0 0 19,790 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 2,290 17,500 0 0 19,790 0 Taxable Land Dwelling Building M/E Total Value 1,074 8,209 0 0 9,283 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 2,290 17,500 0 0 19,790 0 Taxable Land Dwelling Building M/E Total Value 1,044 7,978 0 0 9,022 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 941131 -WATERLOO RATH AREA TIF AMD1 District Gross Value axable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 19,790 9,283 0 f 42.76081 $396.95 $396.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202009 3/16/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 Nocorp 0 10 10 10 I$0.00 1 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL 11N L ILLINGWORTHS ADDITION W 1/2 LOT 4 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 28 28 150 150 0 4200 0.096 Foot Totals: 4200 0.096 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202009 3/16/2011 RESOLUTION NO. 2011-209 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE SALE AND CONVEYANCE OF CITY-OWNED 657A PROPERTY GENERALLY LOCATED AT 215-217 COURTLAND STREET TO MR. AND MRS. ICKEY BUCHANAN AS APRIL 4, 2011, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5: 30 p.m. on the 4thday of April, 2011, for the purpose of considering and acting upon a proposal to sell and convey city-owned 657A property generally located at 215-217 Courtland Street to Mr. and Mrs . Ickey Buchanan, and legally described as follows: Lot No. 4 in "W.L. Illingsworth Addition", all in the City of Waterloo, Black Hawk County, Iowa; for $1, 500 . 00, plus costs, minus $1, 000 . 00 allowance for removal of cement garage floor left after demo. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 21st day of March, 2011 . C-"e"--114 14'" rnest G. Clark, Mayor ATTEST: y— uzy Sc h s, CMC City Clerk di U CITY OF WATERLOO 1401 1[, / ti Council Communication City Council Meeting: March 21, 2011 Prepared: March 15, 2011 Dept. Head Signature: Sheryl McGovern # of Attachments: 0 SUBJECT: Public Library's RFID Conversion Project Submitted by: Sheryl McGovern Recommended City Council Action:Approval Summary Statement: The Library is beginning an RFID conversion project. We would like to seek bids for Phase 2 of this project, which is an Automated Materials Handling (AMH) system, or "self-check-in" for patrons returning library materials. Expenditure Required:Approximately$65,000 Source of Funds: CIP, Gift/Memorial Funds left to the Library. Policy Issue:None Alternative: Staff currently check in library materials. Background Information: It was previously believed we would not have enough funding to do Phase 2 of this project,which is an automated check-in machine. We now realize that Phase 1 of this project (selfcheck machines, RFID tags, staff stations)will cost substantially less than we anticipated. The AMH should save additional staff hours, and will give the patrons the opportunity to get a receipt for materials returned. In light of the possibility of losing staff hours, we feel that it is efficient to automate these tasks. RESOLUTION NO. 2011-210 RESOLUTION PRELIMINARILY APPROVING THE SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PUBLIC LIBRARY' S RADIO FREQUENCY IDENTIFICATION (RFID) CONVERSION PROJECT - PHASE 2 . WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Library Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Public Library' s Radio Frequency Identification (RFID) Conversion Project - Phase 2, in the City of Waterloo, Iowa, and WHEREAS, said Library Director did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Public Library' s Radio Frequency Identification (RFID) Conversion Project - Phase 2 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Public Library' s Radio Frequency Identification (RFID) Conversion Project - Phase 2, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 21st day of March, 2011 . eta Ernest G. Clark, Mayor ATTEST: y Schpres, CMC City Cleirk RESOLUTION NO. 2011-211 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE PUBLIC LIBRARY' S RADIO FREQUENCY IDENTIFICATION (RFID) CONVERSION PROJECT - PHASE 2, IN THE CITY OF WATERLOO AS APRIL 11, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 11th day of April, 2011, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc. , in conjunction with the Public Library' s Radio Frequency Identification (RFID) Conversion Project - Phase 2, in the City of Waterloo, with the taking of bids therefore . Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 21st day of March, 2011 . Arf rnest G. Clark, Mayor ATTEST: :::"S Lsa Suzy Sch res, CMC City Cle k I i 1 I CITY OF WATERLOO , IOWA ►��V,t'��% COMMUNITY DEVELOPMENT 620 Mulberry Street,Carnegie Annex • Waterloo, IA 50703 • (319)291-4429 Fax(319)291-4431 %,100 \e' 4 Z l/ Sly Mayor CITY OF WATERLOO 4(t l f ( BUCK CLARK Council Communication COUNCIL City Council Meeting: March 2 , 2011 MEMBERS Prepared: March 15, 2011 - Dept. Head Signature: 4 # of Attachments: 1 (Itemized Uni{Price chedule) DAVID JONES Wards SUBJECT: 172-D-GO-04-18-11, Demolition and Site Clearance CAROLYN Submitted by: Louis Starks, Contracts and Grants Coordinator COLE Ward 2 Recommended City Council Action: Approve plans and specs &authorize bid letting. HAROLD Bids will be due and opened on April 11, 2011, and project awarded on April 18, 2011. GETTY Ward 3 Summary Statement: Staff is requesting Mayor and Council approve plans and specs and QUENTIN M. authorize bid letting for demolition of dilapidated homes, garages and related lot clearance. • HART The addresses are: Ward 4 RON 233 Ash St., 325.27 Clay St., 425 Clay St., 1121 South St., 1309 W. 2"d St., 720 W. Park St., 411 WEEPER Wellington St., 121 Cutler St., 1555 Newell St., 320 E. 1". Street, 326 Center Street and Ward 5 Alternate: 715 Vinton Street BOB GREENWOOD Expenditure Required: Staff estimate: $48,500.00. Public hearing will be required. At-Large STEVE Source of Funds: General Obligation SCHMITT At-Large Policy Issue: Housing Alternative: None Background Information: The sites were acquired primarily through the use of the 657A process. The structure at 1555 Newell is a garage; costs will be assessed against the owner. The structure at 715 Vinton was the scene of a fatal fire; the owners were uninsured. J:\LOUISS\Demolition\172D-03-1&11-GO\Council Communication template.doc CITY WEBSITE:www.cityofwaterlooiowa.com EQUAL HOUSING WE'RE WORKING FOR YOU! OPPORTUNITY An Equal Opportunity/Affirmative Action Employer 00 r. 4 U O a O ma z m b9 64 69 b9 69 EA A N ti C " w z ° VI P. VD Ci) °a � M z c � � o o on :� CID N us A = cd C O 0 ct ( � z� � Z 0 co 1-4 W as GO w w w w w U o y o 0 0 0 C4 m rl �--' rl 9 9 � m w c.; w w w w o A op W En '10 y 0 . s WO N LTr rw/] 0 `� 3 0 ^-0 'fl 0 0 w ° w b w s.,' °r o (N .. 00 a) o a zgg i� o � § 'b � wo ' r � 0b p .5 N O 0 c� Et �j y v 0) 8 ,z.--„, c7 enz > cn a) 3 0 0 N § ,y 0 cd o 0 o o �, 0 . .0 o aai k., 0 c� . g > 0 g ,-, Q w O , ' < ^' CI rx ,� 5" N >-, N > (NI QEnwa O 04 OOA. W bpi N Y rn Q aCZ 0 i M I.4 `n 0 w A v� N w la Q -5 U O Q W pw� ¢ N - a. E- Oh m M in N O O U h CQ N N .•-. .M-. 71- a a _ _ in. _ a EA ER 0.4 2 w 4 c w 2 w a: / . } _ Zs / w W *4 ? � f a _ \ + @ 5 ƒ q d 8 / $ o Z f Z / = \ \ ) 8 4 k \ \ .4 / i / / / . / \ \ \ / \ \ 5 \ \ \ 0 CU \ % q Cl)'15.1 c4 $ $ w $ Z N CT: f / Q / . 555 � o . M oo CT N� ' § 0 u R (7 o, 0 d d ( ) i0 k ) k w 4 4 a b/ w w o. ƒ/ § � ) o o � � Cl) e o 'Q ¢ M / M * - - - N ® 0 4 / \ M - t . 0 t k Cl) \ ƒ ƒ E• y Cl) \ . b 4 § ® 2 0 — « 7 — U / Q 0 4 % g \ \ co / •\ / RESOLUTION NO. 2011-212 RESOLUTION PRELIMINARILY APPROVING THE PLANS, SPECIFICATIONS FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE DEMOLITION AND SITE CLEARANCE PROJECT, CONTRACT NO. 172-D-GO-04-08-11 FOR THE FOLLOWING PROPERTIES: 233 ASH STREET; 325-327 CLAY STREET; 425 CLAY STREET, 1121 SOUTH STREET; 1309 WEST 2ND STREET; 720 WEST PARK STREET; 411 WELLINGTON STREET; 121 CUTLER STREET; 1555 NEWELL STREET; 320 EAST 1sT STREET; 326 CENTER STREET; AND ALTERNATE ADDRESS OF 715 VINTON STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Contract and Grants Coordinator of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the Demolition and Site Clearance Project, Contract No. 172-D-GO-04-08-11 for the following properties : 233 Ash Street; 325-327 Clay Street; 425 Clay Street, 1121 South Street; 1309 West 2nd Street; 720 West Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 East 1st Street; 326 Center Street; and alternate address of 715 Vinton Street, in the City of Waterloo, Iowa, and WHEREAS, said Contract and Grants Coordinator did file said plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the Demolition and Site Clearance Project, Contract No. 172-D-GO-04-08-11 for the following properties : 233 Ash Street; 325-327 Clay Street; 425 Clay Street, 1121 South Street; 1309 West 2nd Street; 720 West Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 East lst Street; 326 Center Street; and alternate address of 715 Vinton Street . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the Demolition and Site Clearance Project, Contract No. 172-D-GO-04-08- 11 for the following properties: 233 Ash Street; 325-327 Clay Street; 425 Clay Street, 1121 South Street; 1309 West 2nd Street; 720 West Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 East 1st Street; 326 Center Street; and alternate address of 715 Vinton Street, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 21st day of March, 2011 . Ernest G. Clark, Mayor ATTEST: :LC( >cJl CMC uzy Sc ares, CMC City Clerk RESOLUTION NO. 2011-213 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE DEMOLITION AND SITE CLEARANCE PROJECT, CONTRACT NO. 172-D-GO-04-08-11 FOR THE FOLLOWING PROPERTIES: 233 ASH STREET; 325-327 CLAY STREET; 425 CLAY STREET, 1121 SOUTH STREET; 1309 WEST 2ND STREET; 720 WEST PARK STREET; 411 WELLINGTON STREET; 121 CUTLER STREET; 1555 NEWELL STREET; 320 EAST 1sT STREET; 326 CENTER STREET; AND ALTERNATE ADDRESS OF 715 VINTON STREET, IN THE CITY OF WATERLOO AS APRIL 11, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the Cityof Waterloo, Iowa, at 5 : 30 p.m. on the llth day of April, 2011, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc. , in conjunction with the Demolition and Site Clearance Project, Contract No. 172-D-GO-04- 08-11 for the following properties: 233 Ash Street; 325-327 Clay Street; 425 Clay Street, 1121 South Street; 1309 West 2nd Street; 720 West Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 East 1st Street; 326 Center Street; and alternate address of 715 Vinton Street, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 21st day of March, 2011 . Ernest G. C ark Mayor ATTEST: Sch res, CMC City Clerk _�„ �i� 1. 1-• CITY OF WATERLOO , IOWA 14101Fl.��,r.. ... .....04/1011 COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 %1'lp0 NC> NOEL C.ANDERSON,Community Planning&Development Director l Council Communication BUor CK City Council Meeting: 03/21/10l (21, CLARK Prepared: 03/15/11 Dept. Head Signature: # of Attachments: GYG'7 COUNCIL MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of DAVID contract, etc., set a date of public hearing, and publish an official notice pertinent to JONES Ward L the taking of bids and request to receive/and open the proposals for the Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos- CAROLYN containing materials) for the Hazard Mitigation Grant Program (HMGP) Property C LE Ward Acquisition Project, and set the date of hearingand bid opening as April 11, 2011. ward a q l P g HAROLD Submitted by: Aric Schroeder, City Planner GETTY Ward 3 Recommended City Council Action:Preliminary approval of the plans, QUENTIN specifications, form of contract, etc. and set a date of hearing and bid opening as HART Ward4 April 11, 2011. Ward 4 RON Summary Statement: WELPER Ward 5 Expenditure Required: to be determined BOB GREENWOOD Source of Funds: FEMA Public Assistance (PA) Project Worksheet02RJD73 At-Large STEVE Policy Issue: Demolition and site clearance of properties acquired as part of the SCHMITT HMGP Property Acquisition Project At-Large Alternative: N/A Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City of Waterloo, which has subsequently been executed. The total HMGP Property CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! Ant An Equal Opportunity/Affirmative Action Employer A Acquisition (Buy Out) budget is $4,859,419.00 (based on recent de-obligation), with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for 25% of the total project, including the 10% State portion and the required 15%local match. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. E5121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such as asbestos abatement. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR-1763) the program is funded 90%Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include a demolition contract) will be eligible for reimbursement through the FEMA PA Program. The City of Waterloo is seeking proposals for demolition and site clearance in connection with the HMGP property acquisition project and have prepared a Request for Proposal (RFP) and Contract for Demolition and Site Clearance Services (no regulated asbestos- containing materials) for twenty seven properties included in the buyout that were deemed structurally safe, and therefore have been tested and abated for asbestos. There are approximately 11 other properties on the buyout list that had not yet been acquired when we let asbestos testing and abatement contracts, and they will be included in later testing/abatement/demolition contracts assuming they are acquired. The RFP provides all the proposal (bid) specifications, terms and conditions, as well as the scope of work and details on the method of evaluation. The RFP calls for a lump sum cost for each of the properties to be demolished. After a bidder is selected, a contract will need to be executed, and the contract must also be approved by HSEMD. Please find attached a copy of the Request for Proposal and Contract for Demolition and Site Clearance Services(no regulated asbestos-containing materials). The document will be available to interested bidders at the office of the Planning and Zoning Department after the City Council preliminarily approves the specifications, bid document, etc.,and a date of hearing is set. The proposals would be due to the City Council, opened, and referred to staff for review and recommendation at the April 11, 2011 City Council meeting. cc: Noel Anderson,Community Planning&Development Director Chris Western,Planner II Path: K:\USERS\ARIGS\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\03-15-11 Council Communication for RFP and Contract for Demolition Services no-RACM for HMGP Property Acquisition Projectdoc CITY OF WATERLOO , IOWA Api4 Tim drerloo �o Request for Proposal March 2011 DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals The City of Waterloo is seeking sealed proposals for the demolition, removal and disposal of Hazard Mitigation Grant Program (HMGP) acquisition properties. All proposals must be received in a sealed envelope in City Hall (date and time stamped) by Monday, April 11, 2011 at 4:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation 'SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM)', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Date of Issuance: Monday, March 21, 2011 Deadline for Questions: Monday, April 4, 2011 at 5:00 p.m., Central Time Deadline for Proposal Submittal: Monday, April 11, 2011 at 4:00 p.m., Central Time Submit Sealed Proposal to: SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Address exactly as stated--4 —4 City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager E-mail Address: aric.schroederwaterloo-ia.orq Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Proposals will be opened on Monday, April 11, 2011, at 5:30 pm (our clock) Central Time in City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Proposer(s), not to serve as a forum for determining the awarded proposal(s). RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 2 of 11 1.5 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. 1.6 This project is totally or partially funded by the Federal Emergency Management Agency (FEMA). FEMA site monitor(s) may be present to observe and monitor demolition and site clearance procedures at the worksite(s). SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "E" signature page and Exhibit "F" bid tabulation pages, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Proposal, the Proposer represents that they have examined the subject properties. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 With respect to all insurance coverages specified in Exhibit"G" attached hereto, the Proposer must provide one or more certificates of coverage in the minimum amounts required and maintain such coverage in force at all times during the term of the Contract. 2.2 Bonds 2.2.1 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Proposer will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.2.3 Successful Proposer will be required to furnish a payment bond in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents-The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 3 of 11 Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for six (6) months, anticipated to be (May 1, 2011) to (October 31, 2011). 3.0.2 The City and the Contractor may renew the original Contract for six (6) month time periods by mutual agreement. Thirty (30) days' notice must be given to renew the Contract for additional increments. 3.0.3 A Contract shall be approved by the City Council and signed by the Mayor. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit"B". 3.1.2 Government Mandated Contract Provisions— Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). 3.1.2.1 Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contractor 3.1.2.2 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 4 of 11 3.1.2.3 Remedies, If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2.1 above,the City may take any one or more of the following steps, at its option: 3.1.2.3.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.2.3.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.2.3.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.2.3.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.2.3.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.2.3.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.1.2.4 Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) 3.1.2.5 Contractor shall comply with the Copeland "Anti-Kickback"Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) 3.1.2.6 Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) 3.1.2.7 Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) 3.1.2.8 City's Reporting Regulations and Requirements. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary for successful and timely completion of the work of the project, including by not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be RFP FOR DEMOLITION SERVICES(no RACM)-2011 Page 5 of 11 addressed. Contractor shall maintain all project records for a minimum period of three (3)years after the date of final payment for services rendered under the Contract. During the term of the Contract and for the ensuing record- retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, Iowa Homeland Security and Emergency Management Division (HSEMD), the Federal Emergency Management Agency(FEMA), the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to the Contract. Contractor agrees to furnish, upon termination of the Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to the Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under the Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 3.1.2.9 Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under the Contract, the Contractor is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under the Contract, the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. 3.1.2.10 Access to Documents. See Section 3.1.2.8 above. 3.1.2.11 Retention of Documents. See Section 3.1.2.8 above. 3.1.2.12 Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of$100,000) 3.1.2.13 Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted on a monthly basis and will be paid upon receipt of an original invoice within sixty (60) days and after services are delivered and accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: City of Waterloo Planning and Zoning Department, attn: HMGP Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 6 of 11 any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit"A". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for demolition and site clearance services in connection with the acquisition of properties under the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. The HMGP project involves the purchase and demolition of properties significantly affected by the flood event of June 2008. The Iowa Homeland Security and Emergency Management Division (HSEMD) and the Federal Emergency Management Agency (FEMA) approved the City of Waterloo's acquisition project to acquire properties in the Sans Souci, Riverside and Sherwood Park area. These properties include a mix of residential structures, garages, and other ancillary structures. There are no commercial or industrial properties. The City of Waterloo's approved Hazard Mitigation Grant Program (HMGP) Property Acquisition Project Application is on file in the office of the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa, and may be inspected by any Proposer prior to submittal of a proposal. The application includes detailed information, including maps and pictures, of the properties included. A list of addresses with additional details of the properties is included as Exhibit"C", and an overview map is included as Exhibit „D„ 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish structures and clear the sites, and to demolish septic tanks and cap wells as necessary. The Proposer understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications"document (attached Exhibit"A") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Proposer shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affects its bidding and performance under the contract. A debris monitor will be employed by the City to monitor the performance of this Contract. Any direction issued by the monitor shall be deemed as direction by the City. Absolutely no activities required under this Contract shall be performed without a debris monitor present. No debris shall be loaded without the monitor issuing a proper load ticket to document the origin of the load, date, contractor name, truck number, load departure time, and destination. Any work that is performed without the monitor being present or not in compliance with these RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 7 of 11 specifications will be at the sole expense of the Contractor and will not be reimbursed by the City. The Proposer understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. In addition, at the request of the City given with reasonable advance notice, the Proposer will be required to attend meetings of the City relative to the work set forth in this Agreement, and the Proposer will also be required to provide other services as requested by the City in order to fully and property implement the HMGP Structural Acquisition Project. Important note: The structures are deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. 4.2 Silence of Specifications—Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. SECTION V METHOD OF EVALUATION 5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive proposal from a Company whose proposal offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Proposal Evaluation Criteria - In general, the proposals will be evaluated based on, but not limited to, the general evaluation criteria stated below and the completeness, clarity and content of the proposal. The following is a partial list of the criteria that may be used in our determination of company responsibility and responsiveness: 5.1.1 Qualifications and Experience 5.1.1.1 Years of experience of key personnel 5.1.1.2 Feedback from references 5.1.1.3 Knowledge and experience with property acquisitions involved with federal and state grants. 5.1.1.4 City's past experience with the Proposer 5.1.2 Cost Effectiveness 5.1.3 Company Responsiveness to RFP 5.1.3.1 Total scope of services offered 5.1.3.2 Responses to overall proposal and compliance with submission guidelines 5.1.3.3 Proposal presentation (completeness, organization, appearance, etc.) 5.2 Financial terms will not be the sole determining factor in the award. To determine the award the City will use a proposal evaluation method that will enable the City to award a Contract to the Proposer offering services and experience that represents the best overall value to the City. RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 8 of 11 5.3 Proposal Evaluation Procedures - Proposals will be evaluated by a Proposal Evaluation Selection Committee (hereinafter referred to as the Committee) using the"Proposal Evaluation Criteria" as listed above. 5.3.1 Committee members will evaluate each proposal based on their experience and judgment of how well the proposal addresses the City's requirements. Each prospective company is assured that any proposal submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each proposal. 5.3.3 The Committee may arrange interviews and/or conference calls with representatives of the companies whose proposals are deemed to be within the "competitive range."The purpose shall be the clarification of any aspect of the proposal that is deemed to have a material bearing on arriving at a fair determination of which proposal offers the best overall value. In addition, each Proposer deemed to be within the competitive range may be invited to submit a "best and final offer" if such seems appropriate under the clarifications issued to the provisions and specifications of this solicitation. 5.4 A Proposer's submission of a proposal constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.5 Following the evaluation process, the award process is as follows: 5.5.1 The evaluation team shall determine which proposer has submitted the best proposal using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI FINANCIAL AND NON-FINANCIAL PROPOSAL 6.0 Financial Proposal: This portion of the Company's proposal shall include ONLY the proposed cost. 6.1 Pricing shall be submitted in the bid tabulation format required by the City (Exhibit "F") and shall be inclusive of all expenses of any type or nature, including but not limited to costs of subcontractors or other third parties, permit fees, landfill fees, transportation and delivery charges, and out-of-pocket expenses of any type or nature. 6.2 Non-Financial Proposal: This portion of the proposal may be organized in a format determined by the Proposer, but should include all materials of the proposal relating to the service proposed, specifications, requirements, warranty, detailed service plan/timeline, experience, qualifications of key proposed personnel and other information of a non-financial nature. Provide a list of each proposed staff member with name, title, and description of work they would perform. 6.3 The Proposer shall list by name the principal or project manager in your company who will have direct and continued responsibility for the services provided to the City. This person will RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 9 of 11 serve as the company's first point-of-contact on all matters dealing with services and the handling of day-to-day activities through the planning and implementation process. Interested companies should provide background and qualifications, highlighting experience with similar projects and demonstrating ways the company provides a high quality of customer service. 6.4 Proposer shall not make use of any subcontractors for the project unless such subcontractor has been approved in advance by the City, in the exercise of the City's sole discretion. Proposer shall submit such information about any proposed subcontractor as the City may reasonably request. 6.5 Interested companies should provide an outline for project management and task implementation. Please note that timely completion of this project is critical. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- be through written addendum. Verbal information The word CITY refers to the CITY OF WATERLOO, obtained otherwise will NOT be considered in awarding IOWA throughout these Instructions and Terms and of Proposals. Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or 6. PROPOSAL CHANGES - Proposals, amendments services to the CITY, and CONTRACTOR refers to the thereto, or withdrawal requests received after the time successful bidder. advertised for Proposal opening, will be void regardless of when they were mailed. 2. PROPOSER QUALIFICATIONS -No Proposal shall be accepted from, and no Contract will be awarded to, any 7. HOLD HARMLESS AGREEMENT - The Contractor person, firm or corporation that is in arrears to the City agrees to protect, defend, indemnify and hold harmless upon debt or Contract, that is a defaulter, as surety or the City of Waterloo, its officers and employees, the US otherwise, upon any obligation to the City, or that is Government, FEMA, State of Iowa, their agencies and deemed irresponsible or unreliable by the City. If agents from any and all claims and damages of every requested, Proposers shall be required to submit kind and nature made, rendered or incurred by or in satisfactory evidence that they have a practical behalf of every person or corporation whatsoever, knowledge of the particular supply/service proposal and including the parties hereto and their employees that that they have the necessary financial resources to may arise, occur, or grow out of any acts, actions,work provide the proposed supply/service as described in this or other activity done by the Contractor, its employees, Request for Proposal. subcontractors or any independent contractors working under the direction of either the Contractor or 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ subcontractor in the performance of this Contract. OFFEROR-Any deviation from this specification MUST be noted in detail, and submitted in writing in the 8. PROPOSAL REJECTION OR PARTIAL ACCEP- Proposal. Completed specifications should be attached TANCE-The City reserves the right to reject any or all for any substitutions offered, or when amplifications are Proposals. The City further reserves the right to waive desirable or necessary.The absence of the specification technicalities and formalities in Proposals, as well as to deviation statement and accompanying specifications accept in whole or in part such Proposals where it is will hold the Proposer strictly accountable to the deemed advisable in protection of the best interests of specifications as written herein. Failure to submit this the City. document of specification deviation, if applicable, shall g PROPOSAL CURRENCY/LANGUAGE - All proposal be grounds for rejection of the item when offered for prices shall be shown in US Dollars ($).All prices must delivery. If specifications or descriptive papers are remain firm for the duration of the Contract regardless of submitted with Proposals, the Proposer's name should the exchange rate. All proposal responses must be be clearly shown on each document. submitted in English. 4. COLLUSIVE PROPOSAL - The Proposer certifies that 10. PAYMENTS - Payments will be made for all the proposal submitted by said Proposer is done so goods/services delivered, inspected and accepted within without any previous understanding, agreement or 60 days and on receipt of an original invoice. connection with any person,firm, or corporation making a proposal for the same Contract, without prior 11. MODIFICATION, ADDENDA & INTERPRETATIONS - knowledge of competitive prices, and it is, in all Any apparent inconsistencies, or any matter requiring respects,fair, without outside control,collusion,fraud or explanation or interpretation, must be inquired into by otherwise illegal action. the Proposer in writing at least 72 hours (excluding 5. SPECIFICATION CHANGES, ADDITIONS AND weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or DELETIONS-All changes in Proposal documents shall RFP FOR DEMOLITION SERVICES(no RACM)-2011 Page 10 of 11 modifications will be in the form of written addenda. All addenda shall become part of the Contract documents 17. EQUAL OPPORTUNITY - The successful firm agrees and shall be acknowledged and dated on the signature not to refuse to hire, discharge, promote, demote, or to page. otherwise discriminate in matters of compensation against any person otherwise qualified solely because 12. LAWS AND REGULATIONS - All applicable State of of age, race, color, religion, sex, sexual orientation, Iowa and federal laws, ordinances, licenses and gender identity, marital status, national origin, regulations of a governmental body having jurisdiction citizenship status,disability,or veteran status. shall apply to the award throughout as the case may be, and are incorporated here by reference. 18. TAXES-The City of Waterloo is exempt from sales tax and certain other use taxes.Any charges for taxes from 13. SUBCONTRACTING - No portion of this Proposal may which the City is exempt will be deducted from invoices be subcontracted without the prior written approval by before payment is made. the City. 19. PROPOSAL INFORMATION IS PUBLIC — All 14. ELECTRONIC SUBMITTAL - Telegraphic and/or documents submitted with any proposal and the proposal offers sent by electronic devices(e.g.facsimile proposal shall become public documents and subject to machines) are not acceptable and will be rejected upon Iowa Code Chapter 22,which is otherwise known as the receipt. Proposing firms will be expected to allow "Iowa Open Records Law". By submitting any document adequate time for delivery of their proposal either by to the City of Waterloo in connection with a proposal, airfreight,postal service,or other means. the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers 15. CANCELLATION-Either party may cancel the award in and employees relating to the release of any document the event that a petition, either voluntary or involuntary, or information submitted. is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for Each submitting party shall hold the City of Waterloo the benefit of creditors. and its officers and employees harmless from any claims arising from the release of any document or 16. ASSIGNMENT- Proposer shall not assign this order or information made available to the City of Waterloo any monies to become due hereunder without the prior arising from any proposal opportunity. written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. RFP FOR DEMOLITION SERVICES(no RACM)—2011 Page 11 of 11 EXHIBIT"A" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE HMGP PROPERTY ACQUISITION PROJECT [no asbestos-containing materials(ACM)] PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representatives for this project are: Aric Schroeder, City Planner/Project Manager, Chris Western, Planner II, and Adam Poll,Associate Planner. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager,the Contractor shall: A. Remove and properly dispose of all structures, cement slabs,trash, rubbish,basement walls, floors, foundations, steps, planters, retaining walls, patios, decks, fences,wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks, driveways,and the like from the specified property. Basement walls and basement floors shall be disposed of in accordance with section 2.03 (B)below. B. Remove any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells. As to cisterns, section 2.14 also applies. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include,but are not limited to,refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent,high- pressure sodium, mercury vapor,metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards 2 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. 6. Telephone Service: The Contractor shall arrange for access to and use of, during working hours, one or more telephones in the vicinity of the work site for the purposes of making calls in case of fire or other emergencies, and shall keep all personnel on the job, and the City informed of the location of such telephones. The Contractor's foreman, or at least one regular member of each shift, shall be charged with the responsibility of promptly calling emergency services when necessary. The same person shall be required to inspect the building and the site frequently for possible fires or fire-producing conditions and to apply appropriate corrective action, particularly at the close of work each day. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, street lights,traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay for temporary relocation of utilities,which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two(2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks,utilities, lawns or any other property adjacent to parcels released for demolition whether or not the property is scheduled for future demolition.The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway subdrains that are cut or removed, including drainable backfill,to original condition. Repairs shall be 3 subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc.which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property address will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights,title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed,granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. 4 In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings,building materials, contents of buildings, appliances, trash, rubbish,basement walls, foundations, and steps from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control; placing and removing safety fencing; removal of septic tanks and cisterns; removal or capping of wells; and other work as necessary to complete the project. B. Incidental Items: The Contractor shall provide and pay for all materials, labor,tools, equipment, transportation,temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work within seven(7)days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties.The City will work with the Contractor to determine the number of homes and which specific homes will be grouped in an individual notice to proceed, and to determine the timing between the issuance of each notice to proceed. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. With respect to each separate property, Contractor shall generally complete all above grade demolition work and debris removal required by these specifications within the same business day of starting the work, and all work covered under a Notice to Proceed shall be completed within thirty(30)days of the issuance of that Notice to Proceed. If the above grade demolition work and debris removal is not completed within the same business day, it shall be completed the next business day, and an unfinished site shall not be left unattended without proper fencing. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract,and,thus, failure by 5 the Contractor to timely render and perform services hereunder shall constitute a material break of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project, and any materials planned to be salvaged should be evaluated when preparing the bid tabulation. No salvaging shall occur on any given property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter any property on this project to perform salvaging,the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and employees, shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance. If substantial materials are intended to be salvaged,the Contractor may request an extension to the 30-day requirement to complete demolition. Such a request should specifically identify what is being salvaged, including quantities, state justification for the additional time needed, and detail the length of extension requested. The Project Manager,at his sole discretion, will determine whether to grant an extension, and if granted to what length an extension is granted. Ensuring an overall timely completion of the project will play a significant role in such a determination. 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Subject to site restrictions, outside chimneys or outside portions of chimneys shall be razed in advance of general demolition of each building. Any portion of a chimney inside a building shall be razed as soon as it becomes unsupported by reason of removal of other parts of the building. 3. Any part of a building,whether structural, collateral, or accessory,which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. Structures with basements are to have the 6 basements taken to at least two (2) feet below grade, with the rubble from this action pushed into the basement, and a hole with a diameter of at least 24 inches shall be punched into the floor. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Before backfilling,the Contractor shall contact the City's Representative to inspect the basement area and approve backfilling. Failure to obtain approval may result in re- excavation of the basement area at the Contractor's expense. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances,unless otherwise directed. D. Retaining Walls: Retaining walls or curbs near the perimeter of parcels shall be removed, except that the laid stone steps,terraces,walkways and retaining walls for any property on Sans Souci Island that fronts the river shall not be demolished or disturbed. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property or the items noted above. Where such retaining walls or curbs are removed,the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. The cost of any tree or brush removal due to the removal and grading out of the retaining wall shall be considered incidental and shall be included in the lump-sum bid for demolition. E. Fences: Fences, guardrails, bumpers, signs, clotheslines, and similar facilities shall be completely removed from the site,except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts,reinforcing bars, anchor bolts,railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all dead trees,trees specifically identified for removal, and such other trees, stumps,bushes, vegetation, brush and weeds, whether standing or fallen, that interfere with demolition work, unless specifically stated otherwise by the City's Representative. The Contractor shall protect all trees not removed from damage by the demolition operation. In the event that the Contractor damages a tree, it shall be repaired or removed by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline,kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter"or another equally efficient instrument, 7 before the work of removal is begun. Checking with the"Explosimeter"shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT All drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges,represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines,requirements, laws, regulations,of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal,transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc.,which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials,rubbish, and trash shall be removed from the demolition area leaving the basements and demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires,Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste(HEW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills),white goods (which include household appliances such as washers, dryers,refrigerators, stoves, dishwashers,heaters,hot water heaters, etc.) and electronics(e-waste)will be first segregated from the structures and transported to the Black Hawk County Landfill for disposal in accordance with the Landfill's rules and regulations. These wastes may be segregated in the field and hauled in concentrated loads.The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity,the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. 8 D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for each structure demolished, where available,which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The handling of asbestos material is subject to all applicable state and federal mandates. Asbestos will be removed by a licensed abatement contractor by a separate contract. In the event that asbestos is discovered on a City-owned property during demolition, the Contractor shall notify the City's Representative immediately and the asbestos shall be removed by a licensed abatement contractor by contract. F. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING,AND CLEAN UP A. Backfill: The Contractor shall obtain inspection and approval from the City prior to backfilling any excavations, holes or depressions on the demolition site. Excavations, cellar holes, basement holes, abandoned cisterns or other depressions in the demolition site shall be filled and compacted with sand or earthen fill from off-site. The Contractor shall bring in enough topsoil from off-site to place a minimum 6-inch cover on the entire site to a uniform, natural grade consistent with the established adjacent grades. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. If the City chooses, it shall be the responsibility of the City to run a density test during and after the placement of the backfill material. 9 C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material,which shall be considered incidental to the demolition bid price. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates,the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises on a weekly basis. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish,wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar,whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with private utility companies for disconnection of services, including, but not limited to, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The 10 it Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction within City Right-of-Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets. The cost shall be paid by the Contractor. 2. Public Right-of-Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted. 2.08 EROSION CONTROL All disturbed areas associated with the work shall be seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Bershire Hard Fescue 30%Treazure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF for broadcast seeding. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. C. Demolition Techniques: The Contractor shall employ good demolition techniques, which includes, but is not limited to: 11 1. Using demolition techniques that minimize ground disturbance. Trees shall not be removed except in cases where obstruction is a safety factor. 2. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 3. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce excessive exposure to airborne material. 4. Tarping loads and otherwise preventing material from becoming airborne during hauling. 5. Manual cleaning of the demolition site to remove all materials from the site. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday,the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor,tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. The Contractor shall supply vinyl placards identifying the City, the names of the Contractor and subcontractor, and large spaces for the monitor to write in the assigned truck number and other information. The Contractor shall maintain a supply of placards during the project in 12 the event replacements are needed. Placards must be in plain view when entering the landfill facility. 4. The successful Contractor shall submit a complete and updated list of all equipment that will be dedicated to this project prior to performing any work under the Contract. The listing shall include the following information: a. Truck and/or trailer license number. b. Year, make and model of each backhoe,truck,trailer,water truck, roll-off, dumpster or any other equipment to be used with this project. 5. Each truck and trailer carrying debris shall be identified by a Contractor's logo and an identifying number that ties the vehicle to the above information. Any vehicle not matching the above information or not containing other identification as may be required by the City shall not be paid for debris being transported. 6. Load tickets shall be supplied by the debris monitor for all trucks and shall include a means of identifying the truck,the specific location(address) from which the debris was being removed,the disposal site (Black Hawk County Landfill—refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste)to which the materials were delivered and a place for authorization by the City or debris monitor or the landfill site operator. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition,the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to fmds. The Contractor will inform the on-site monitor who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI)and FEMA immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI and FEMA are complete, and the City has been notified by SHSI and FEMA. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a"not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors,transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 ESTIMATED QUANTITIES The City does not guarantee any quantity of work under this Contract. Actual quantities, whether lesser or greater than estimated by the Contractor,will not affect the process or price bid 13 by Contractor and accepted by City. The Contractor is to indicate on each bid tabulation sheet their estimated quantities of debris and fill material. Payment will be made based on these quantities regardless of the actual amounts involved. 2.17 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 14 EXHIBIT"B" CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [no Regulated Asbestos Containing Materials(no RACM)] This Contract for Demolition and Site Clearance Services(no RACM) (the"Contract") is entered into as of ,2011, by and between the City of Waterloo, Iowa("City") and ("Contractor"). In consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Services. For a period of six(6)months after the date of this Contract, subject to extension upon the mutual written agreement of the parties,the Contractor agrees to furnish all supervision,technical personnel, labor, materials,tools,machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents(defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor will be paid separately for each property for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within sixty (60)days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws,rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents(collectively,the"Contract Documents")are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response(Proposal) from the Contractor, including Bid Tabulation d. Specifications for Demolition and Site Clearance e. Signature Page f. Building Demolition Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract,the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed with respect to any particular property or set of properties. The work shall commence within seven(7) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty(30)days after issuance of the Notice to Proceed. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%)of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting;Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3)years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request,to City, Iowa Homeland Security and Emergency Management Division(HSEMD),the Federal Emergency Management Agency(FEMA),the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. 2 B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations(41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland"Anti-Kickback"Act(18 U.S.C. 874)as supplemented in Department of Labor regulations(29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276A-7)as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department of Labor regulations(29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 5 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract, the Contractor is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Contract, the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 5 above. J. Retention of Documents. See Section 5 above. K. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub. L. 94-163, 3 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 7. Indemnity. Except as to any negligence of City, its officials, officers,employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify US Government, FEMA, State of Iowa, and City,the officials, officers, employees,agencies and agents of each, and to hold same harmless, from and against any and all claims,demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract,whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 7.1 Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant,agreement or obligation set forth in this Contract,and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps,at its option: a. by mandamus or other suit,action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder,or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder,or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination;and/or 4 e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder,Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner,or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension,or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. 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L • Y L. - 1 { R • i P €p 4Ii,C.a r L .. r CI CD 3 }? � 9 .9 O NO 'Et: .? M-2.4".:y4;) AM:- /3 • ... 5 ,. ,4e,.. ,,,,,,,, 7 ff; i nC O 007 /j -Fr p 0 g .41 ' lj O O1:16 L IE { 73 a 1 < � F /� ! _I a 1 _ 7 F.-,-.:--c:::71:-_le ,'i-, -4:-i 1.-- -1 ..,-)L PI ',:it ` - - F 'bk' ' L1 I' yJ' 'ce4 i iF . FaaJe54za„ J o5 i t oa , 7 Po j . = : A e, r. ` tom. ;% J 7 4. 3 co_�.sbvvC'S r� ' —v"i s"4 ?F = 4 a.1 2008 City of Waterloo Exhibit "D" Property 1 Property Acquisition Project 148 Sans Souci Drive Demolition Services (no RACM) :. , er , adjacent to races river toretaining remainlprotectwalls& patio rya o 1. d ^P c t K t 1-_-- . 1 t 4 },, _ifp. t.-Nt } a� i _ t _ • 4 �ffP f` k. "a c`: 148 Sans Souci Dr r - r t , t.tF' ' Parcel#891315376010 • P Sidewalk parallel to street � to rem aiNprotect � �' �+ � �a ='^ _ _ + `_ t z_ t + 7 - S a _ Q .1� S �4 - '. 4r.i '-'_ `--1- 7,--_-',..c,`!-::-.,,-.--t",.'-7:tt-''' ' ' ' ' 'Jo_,---- *'''''' 1°''-,- \\A \ -- Neighborhood ; a Parcel Map f Property Lines � -, k so Property in Question so zs o oa 2008 City of Waterloo Exhibit "D" Property 2 Property Acquisition Project 158 Sans Souci Drive Demolition Services (no RACM) r 1 1. \ _.. , , r.=-1,-,:, ' \''4.- e � =ems- t: :. v F Lam" '_��ni -., - .. f `4.1.t 3, — i_- ' Steps, terraces, retaining walls& patio �" _ _.__ adjacent to river to remain/protect t t '116111 J. x sa. # .�. g.y�: - - i µ 4✓ si ", 'h Sidewalk parallel to street • 158 Sans Souci Dr to remain/protect .* Parcel#891315376009 • Y tt 4 ; _ �.. 4N. ,‘ V'r —A - „ i -tom Y c 1 .• \ i w , i i Neighborhood ; , ' " N �., . _ c. W ' `\ fit.- +iii t .�. Parcel Map \ ; tv , t _ N Property Lines Property in Question so 25 0 50 ,SC Fee[ ` 3 —V.I. Xe= " F- 2008 City of Waterloo Exhibit "D" Property 3 Property Acquisition Project 106 Sans Souci Drive Demolition Services (no RACM) yyt_ � 3 -7� f y -Y g YY %S __ll e. a ', •- i / a •- 106 Sans Souci Drk. ' "i. ' .' G ' { = Parcel#891315376018 Sidewalk parallel to street r _= to remain/protect • = `' Boat launch IN., S , - Neig hborhood . g , p Parcel Map V w �`` -fL — N , Property Lines �r A _,, Property in Question • so zs o so too _ -Feet ttli ;E'er. .h . ram.. t ,, ,, , _.` ._ __s.+C i 2008 City of Waterloo Exhibit "D" Property 4 Property Acquisition Project 128 Sans Souci Drive Demolition Services (no RACM) 10\ F - 9\? _ "•fly EFL , ctr 128 Sans Souci Dr 0 r. Parcel#891315376014 No lt . -�` . F Steps, terraces, retaining walls& patio S4%r ' adjacent to river to remain/protect P Sidewalk parallel to street \', >., , ' a to remain/protect F i 7--i.. { 1p q \1 it , s y' 1 4,�R • _ f f 7si<'kr r - 0 .` t � q SoUcl t4' {�tz ` Neighborhood .\ i' ' �a 4 4. 6 i _ s _' N. u ps F 3 ,"'k 4' � t a_$ c ` i ,‘,, _ „,..,.„,,_.„._ , 4 , t ' 4 w„=".. , ,,,,, _._. ,..,,, t _ Parcel Map �''' ` N Property Lines Property in Question , 50 25 0 50 0o A Feet a 2008 City of Waterloo ' Exhibit "D" Pr open 5 Property Acquisition Project 118 Sans Souci DriveY Demolition Services (no RACM) 1 _ -� � ._ ,.- Tom, w, �� vim= , .., ,__,, , , , -}„. ---?----' ,., ___,, \ `- dx e P t. s'-fl.-- .:. ,,, t\% ' '- ',00-) ,{�€* _r ,.,gym s � i fY t - :4-7 118 Sans Souci Dr &u - Parcel#891315376016 5, .' - 1, \ Sidewalk parallel to street , to remain/protect , t S. ; ,n. Al , Neighborhood - *r �: Souci y F .y. . l ct. y N } 9 a F c i Parcel Map Property Lines N A Property in Question w za o 50 oa Feel Property City of Waterloo Exhibit D Prop y 6 Property Acquisition Project 15 Sans Souci Drive Demolition Services (no RACM) -- .... = 'F a8y a.. -- } r I" .' Souci + P Neighborhood . } Py"§ „..._ P. l is* — _ 0 „... N _ , t c. __ , .., . ..... ,_. , Pw ,. ,,,t, _ek, .,.: tit K It sr 15 Sans Souci Dr Parcel#891322201003 . n ,.., ,.r- , .4:.„,- _.... ..._....., • .. ..{ p a#' Ti 44` } is cPc Parcel Map t N Property Lines a Property in Question e o zs o so ` 1 Feet i 2008 City of Waterlooi. Exhibit "D" Property 7 111 Property Acquisition Project 176 Sans Souci Drive '- Demolition Services (no RACM) ,r 1 in--Tilt ,�` 3 -ZI _ - l'—' v ,sr_', ' r _ ' 9 - - - t Souci Steps, terraces, retaining walls& patio € t r'7 NelghbOlhood adjacent to river to remain/protect Is Vii 11 Sidewalk parallel to street to remain/protect e-t it r 1 176 Sans Souci Dr it ‘.-v4 4: 14 '1 '-.4,. Parcel#891315376005 _- ., N_r ...11.- ' \'" }£� €z� .k Y t� - Via: ".., ., Parcel Map F ` � N • Property Lines �� Property in Question so es o so 00 2 - 4 , Feet �-` \4 � c g 2008 City of Waterloo Exhibit "D" Property 8 Property Acquisition Project 168 Sans Souci Drive Demolition Services (no RACM) _. ,, y - N - _or__..„,.......z.,,,„_,, . t _ „, SOUCI az Neighborhood - , „at., wi-...3_-_, ,._, ,74. _ 4. , _.. . 1 - , , i : Steps, terraces, retaining walls_ ______ &patio } ' -, adjacent to river to remain/protect • f ' 2a 1 $a{ qt Sidewalk parallel to street f 1 \ \ to remain/protect 1 ' 5ht :, a - C � • i„ e V j"` { r` € + --- \ 168 Sans Souci Dr Parcel#89 13 1 5376006 . f 1F r u '--: -1 ".':. Parcel Map ,N, . Property Lines f ii I ; Property in Question so is o sa 1. 100 Feel f.f� S 35 .-. t _2008 City of Waterloo Exhibit "D" Property 9 Property Acquisition Project 0 140 Sans Souci Drive Demolition Services (no RACM) -: y.�+ ` ' r X \ EEC c - s-, v , a te, .-(n ° , r 8 ; r y s. a ;, - " 1 \ t4 A' a t 'ice i era.SOUCI Steps, terraces, retaining walls& patio Neighborhood :_ _iy‘ adjacent to river to remain/protect v ` '�! ,. s y let , \ 6,, - -'34.aF R Y 4 .6 \.‘plY..-- . = :- '_,--1''ipire"..,-'77,'_ 'Vli;'*--, ''-'FA-. ' A -1i4...`.7.; '\ Sidewalk parallel to street .,=. +, a,~s. to remain/protect .. 0000,...., �4\ ;` � e � s ,` F S "^.h £ Fes+ vza a {{ `� 140 Sans Souci Dr F jF . �s.. Parcel# Souci 376011 -, 's F 4 L4. k s` . s _ ', i - -- s j I Parcel Map ._... 1 N Property Lines Property in Question so 25 o so 100 Fee ,t, 2008 City of Waterloo Exhibit "D" Property 10 Property Acquisition Project 164 Sans Souci Drive Demolition Services (no RACM) ;. � a-tr .-. '� -..:::1:•-",•: --'---"_::,--.1_ ..tQl 't .-'-.- _=-_...:,,, - , ,N, \ N ,t { o a . 9S1 r Steps, terraces, retaining walls& patio i adjacent to river to remain/protect Sidewalk parallel to street to remain/protect y �' _ ' =•� 5'� ., c..... Neighborhood .4.t•� _ _ , ----- t: amilk r - t �._-. 9 164 Sans Souci Dr t' Parcel#891315376007 4. n. 1 , L - - 1 ' '\ ' t. _ - �� U, r „5y • Q '4V• Xi. {1. '°X F ' , ' 1 - i • �[ t_ Parcel Map N Property Lines .' ' X Property in Question 50 25 a ao ,ao 1 ' 1*' 1 — 'Ft , ' ;\ aAR 2008 City of Waterloo ! Exhibit "D" Property 11 Property Acquisition Project 160 Sans Souci Drive Demolition Services (no RACM) r I . 1 A \ Steps, terraces, retaining walls& patio adjacent to river to remain/protect N. 4 ' f •"k ekjioSoUCI l ,�,-4 ,..- Neighborhood ' • Sidewalk parallel to street to remain/protect F r ffi 160 Sans Souci Dr v . Parcel#891315376008 a Lk 4 v E �, S 3 ` t . '�'• ` �- kid a 1 11, ,I ` • t •te ". Parcel Map � m Property Lines , r N � Property in Question 5a 25 0 50 100 F. ' ,V 1 � Feat K a_. 2008 City of Waterloo Exhibit "D" Property 12 Property Acquisition Project 186 Sans Souci Drive Demolition Services (no RACM) Part of Parcel 891315376001 YM 186 Sans Souci Dr Parcel#891315376002 ' Part of Parcel 891315376001 1 Mt. act Souci 4$ Neighborhood S Parcel Map N Property Lines Property in Question 50 25 0 50 ,100 s _ OFo•t 11M 11 to 2008 City of Waterloo Exhibit "D" Property 13 Property Acquisition Projecti 122 Sans Souci Drive y. Demolition Services (no RACM) tilr % � -- Itc,_- k., , ,.., -, ., , , , _.--, , __,_.,..___,,,,_,___„,__.„, ,,_.. , . ., ,...., : 7,1,‘„, . 4 , = --,-,-,_=. „. .‘, .-_ - - , # , - . A "1 \ iiiik li a-A�_' s x , Sidewalk parallel to street ' to remain/protect SouCi * 3 Neighborhood '`� a 122 Sans Souci Dr fix _ Parcel#891315376015 ,:., 15 aw. { ta .....,,, tot, tpc, µ Parcel Map s Property Lines • N is 0 sa a Property in Question 50uo F et ' 2008 City of Waterloo ! Exhibit "D" Property 14 Property Acquisition Project 110 Sans Souci Drive Demolition Services (no RACM) , _ °'ter �i, `8 ir- — 4tr ._ ram•.. _ sP '' • :..0 ��2 N f Y ! 3i � � � .. _ i s� f 5 - 4 - - f l 1 3 QUO SoUCI \ .`.Neighborhood • f�. s - f - „ v -_ $fig . 3 �` Sidewalk parallel to street '° r to remain/protect ¢ ' g ' rl F , ' _.. ... - it 4a e ' _ N .j ate.: -- -� Y - io` # 110 Sans Saud Dr n - Parcel#891315376017 '- A Y f ar moo , # a A- 3 _ A Irk ts 1 a A e Parcel Map N Property Lines '' Property in Question so 25 a so 00 r ^ Fe t I r 2008 City of Waterloo Exhibit "D" Property 15 Property Acquisition Project 807 Riverside Drive Demolition Services (no RACM) i 1 • :: ,/ '-, _ ' ' '' Parcel 891315451010 "# ` 4 s a OT is �1 ` RNe51613 Parcel891315451009 �, ' Parcel 891315451006 _. 116 lam `s' € `'s'= z , '- r _ t ia 807 Riverside Dr _ �p ' Parcel #89 131 545 1 007 rt*: -1 Parcel 891315451008 Riverside Neighborhood . ,i - .f._jk i, -i. .er�}` ass '--s k °� .._ ( f s,I 1 s a 4 o f .` 31 �� :. Parcel Map " Popular rd a N Property Lines _ ky �� o _. Property in Question 4s, so zs o 0 00 I Feet I t 2008 City of Waterloo Exhibit "D" Property 16 � � Property Acquisition Project 501 Riverside Drive } Demolition Services no RACM F " [y h — i a ♦ ' � � at ... t �'1- '1 -C = - 1 E x u . ,�{ F ��t� Riverside` . i Neighborhood w_ �'' i ,f i ,; 1- Norwood Ave t ON f m Mw rggyt�+,- -_.ga. - a — $£ �` 1. i c 1-:* ...-:4-,-..., i , -----f----, ( ? ...A ---- 1 --,-, : ''' 1.4-- {, e ,V. - , 501 Riverside Dr s,, r + Parcel #891315456003 91315456003 , _�' '' Sidewalk parallel to street ' to remain/protect ` i } _ 't `t I - - L ., a ➢ 4l t'�;-1�s�i4,44 4 4 v \, a arcs..4"R=':r.' 4i� ,'.# t Y t ` 4 Y y '44t.r*]�F ;k Lindale kr Ave 0. Rip-rap/retaining wall Approach to remain/protect to remain/protect Driveway to remove Parcel Map N Property Lines Property in Question - 50 25 o so 100 i i� Few A 2008 City of Waterloo Exhibit "D" Property 17 Property Acquisition Project 212 Greenwood Ave Demolition Services (no RAC M) >{ 41, z oq/,e Sherwood g z� Neighborhood . Parcel 89131615109 212 Greenwood Ave Parcel#891316151008 t',- Parcel 891316151019 (includes garage and well or wells) rya l4r ;zT,.. ''fir�+���+ a, s - 1 I Parcel Map N Property Lines ; Property in Question '� 7 2 so A e o 00 r a� -} 1 r ✓�Feef Ex 2008 City of Waterloo Exh ibit "D" Property 18 Property Acquisition Project 222 Greenwood Ave Demolition Services (no RACM) > !a k� w+ ` 4yp i' ` 4f"It i tad Q 4- .` er• I Parcel 89131615103 f S li .�J l- (� P Fence to be removed -_ 'F G,r eenw t AK-;[ ooCAke i z I m X ,. m n , _ �' � 222 Greenwood Ave ,:49�{ Parcel#891316151004, ( 1 4' sir s I -axWI' a ,, § �[ • F'S �X y = y ➢ t l Drilled well for 222 Greenwood located in this area Sherwood Neighborhood i Parcel Map N Property LinesAi 6. A Property in Question sa zs 0 so 00 +"-'" Feel y 2008 City of Waterloo Exhibit "D" Property 19 Property Acquisition Project 104 Woodside Drive Demolition Services (no RACM) eve e • f 3k: Sherwood reeow Neighborhood ° d . qte k - P4S yap Basketball court to remove 104 Woodside Drive Parcel#891316302001 i a� EZi h Rk�.F V a - Parcel Map Property Lines A Property In Question so zs o a 00 i Feel 2008 City of Waterloo Exhibit "D" Property 20 Property Acquisition Project 202-204 Greenwood Ave Demolition Services (no RACM) pc/a�Ryver- C "A 2 r: Sherwood Neighborhood t 4 '2. a f poa,q e�Y Ve 202 & 204 Greenwood Ave Parcel#891316151014 (two dwellings) Parcel Map Property Lines Property in Question so 25 0 50 100 Feet 1 2008 City of Waterloo Exhibit "D" Property 21 Property Acquisition Project 218 Greenwood Ave Demolition Services (no RACM) c R, et' R dri der f t J 1= '- F. • Sherwood Neighborhood P it , f` 4 re !31.# a enk rvf �,r w ooaq e ke 1 „i r l'' :cj ,...� _ _ - i - - Ella_ ' 'T d 218 Greenwood Ave ,- j 1 Parcel#891316151005 t" (dwelling burt to foundation) f ? # - Parcel MapAlt es _. ,:--;� . 'f a i •-�,_ Property Lines - 4 r•.fi.° t AA Property in Question s so zs 0 so too y A ' Feet 2008 City of Waterloo Exhibit "D" Property 22 Property Acquisition Project 206 Greenwood Ave Demolition Services (no RACM) p t ♦ C6''/ r ¶4, , et - Sherwood Neighborhood aak - I _ • • _ 4 206 Greenwood Ave e---O + 7.1=} -_- Parcel#891316151013 y _ f i_; - 4 -* - sue: }••.- _ _- sv ss p t Parcel Map • N Property Lines Property in Question 50 25 0 50 100 Feet 2008 City of Waterloo Exhibit "D" Property 23 Property Acquisition Project 136 Greenwood Ave Demolition Services (no RACM) 0 etya'Riper Sherwood; Neighborhood _ fA o- a': Parcel 891316401028 y,. l.. y 136 Greenwood Ave Parcel#8913 1 6401 026 ' '" 4 s Y sus Y C.� '_ s _ a, ; ` ., . • o Parcel Map `. a Property Lines N f_ 50 00 Property in Question sa a Feet L _ — + . 2008 City of Waterloo Exhibit "D" Property 24 Property Acquisition Project 142 Greenwood Ave Demolition Services (no RACM) .2{.. • Sherwood cetIo er Neighborhood Parcel 891316326022 • 142 Greenwood Ave Parcel#891316326023 • w 0 9L Parcel Map £ Property Lines - AProperty In Question - so ss o soFeet 2008 Cityof W Exhibit "aterloo D Property 25 Property Acquisition Project 149 Greenwood Ave Demolition Services (no RACM) • Sherwood Ca—, Neighborhood r. �'' G R ;" _ __ 149 Greenwood Ave — s i` Parcel#891316327012 r r� -- Parcel 891316327013 I. ��< _ z�r ' .e - •sue spa n•-• ,`€ Parcel Map ` Property Lines N e9 a Property in Question vE so zs o so goo -% - = '` Feet 2008 City of Waterloo Exhibit "D" Property 26 Property Acquisition Project 234 Greenwood Ave Demolition Services (no RACM) PRA,oecIe 234 Greenwood Ave Parcel#891316151001 Parcel 891316151002 e n-, o0 Parcel 891316151025 aq�@ Parcel891316151024 Parcel 891316151023 jj � Parcel 891 3161 5102 2 Sherwood ' at Pe Neighborhood Parce1891316151020 Parcel 891316151021 Parcel Map N Property Lines A Property in Question 50 25 0 50 100 Feet 4 2008 City of Waterloo Exhibit "D" Property 27 k Property Acquisition Project 302 N Hackett Road Demolition Services (no RACM) "•✓vt 3 E.- ! - R 1 Y e �S`r '. w /'R •� [ 'mot•` §. .' .'.*. r / 1, _ 'E Creel? y _- _ Sherwood I Neighborhood f r t, 3 �i'SRki S.. 1 d�ve f L i- Fencing to be remove___.-----------°°°°°°.......N.N. I t: 302 N Hackett Rd Parcel#891316304001 1 :fit $A a =4 3 e -i Parcel Map N Property Lines Property in Question so zs o so 100 `\ I- ®Feet ,v EXHIBIT"E" SIGNATURE PAGE The undersignned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, consisting of the total of the tabulated amounts submitted for each site is $ Amount in written form: The correct summation of actual bid tabulation figures will supersede any amounts shown on this page. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA(It is the Bidder's responsibility to check for issuance of any addenda). 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N 3 0 0 0-a m 0 CO 0 A 0cm o,� 0m ' Oc.0 c O2L.- 2'w a0N co 0 ,-CJ«.OwV Z F- 0- 0 0 .a) C 0 E)) yO a) — m m N' 00 L. C c y Q_ J = O )ca a) J a a) >. 0 0 "Dona�) a�i co Jw« Jwa d�� 0 Ea oa! umi acNva` WaE )iatoaZ � F Z O �emo3ca o O'08O ° 0E w=1.. a�i �L rn V a 00oco , ~ oo Qa `) a) u) w Q w U -pm= 0- po u W-adW EEyao � a_ wa gOawU � � awLa� Oa j U Fe re- c'0 �`-0 Cluj ca))o02� a � 3EWm RHa �� DP cm O. aW� CO 0. 0 E co c N o E O ~ 0 ~ ax) d '«ua m U O m Q • °)Emc-om�a WO m J .�g 0,y mC 3 « F Z o 0 0 0 o 0 0 0 0 N F Z 2 a�i 2 U r°$ (Ni of v )ri m r oa m 2 0 O F 1- U EXHIBIT"G" BUILDING DEMOLITION INSURANCE REQUIREMENTS Contractor, at its own expense, shall procure and maintain the following insurance so as to cover all risk which shall arise directly or indirectly from the contractor's obligations and activities. 1. Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the contractor's employees carrying out their work. 2. General Liability Insurance with limits of liability of at least$1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises,Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 3. Automobile Liability Insurance with either a combined limit of at least$1,000,000 per occurrence for bodily injury and property damage without sub-limits or split limits of at least $1,000,000 for bodily injury per person per occurrence and$1,000,000 for property damage per occurrence. Coverage shall include all owned,hired, and non-owned motor vehicles used in the performance of work by the contractor or its employees. Subcontractors. In the case of any work sublet,the contractor shall require subcontractors and independent contractors working under the direction of either the contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the contractor. Qualifying insurance. Policies shall be issued by insurers who are authorized to do business in the State of Iowa. All policies shall be occurrence form and not claims made form. The contractor shall be responsible for deductibles and self-insured retentions in the contractor's insurance policies. Additional Insured. The City of Waterloo,Iowa,its officers and employees,shall be named as additional insured on the contractor's, subcontractor's, and independent contractor's liability insurance policies and certificates of insurance. This provision does not apply to workers compensation insurance. Certificate of Insurance Requirements 1. "The City of Waterloo,Iowa, its officers and employees"shall be designated as additional insured's. 2. The minimum liability limits required by the City are$1,000,000. This must be occurrence form liability coverage. 3. The following address must appear in the Certificate Holder section: City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, IA 50703. 4. Certificate of Insurance must be provided to the City prior to starting the project and before a permit will be issued. Certificates may be sent by email,fax, mail,or delivery. 5. Contractor shall provide the City with a renewal certificate of insurance 30 days prior to policy expiration dates. RESOLUTION NO. 2011-214 RESOLUTION PRELIMINARILY APPROVING THE REQUEST FOR PROPOSAL DOCUMENT, PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE DEMOLITION AND SITE CLEARANCE SERVICES FOR THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Community Planning & Development Director of said City to prepare proposed Request for Proposal document, plans, specifications, form of contract, etc. , in conjunction with the Demolition and Site Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, in the City of Waterloo, Iowa, and WHEREAS, said Community Planning & Development Director did file said Request for Proposal document, plans, specifications, form of contract, etc. , in conjunction with the Demolition and Site Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed Request for Proposal document, plans, specifications, form of contract, etc. , in conjunction with the Demolition and Site Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 21st day of March, 2011. Liz oe Ernest G. Clark, Mayor ATTEST: 2 zy Sciares, CMC City Clerk RESOLUTION NO. 2011-215 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED REQUEST FOR PROPOSAL DOCUMENT, PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE DEMOLITION AND SITE CLEARANCE SERVICES FOR THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT, IN THE CITY OF WATERLOO AS APRIL 11, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the llth day of April, 2011, for the purpose of holding a public hearing on proposed Request for Proposal document, plans, specifications, form of contract, etc. , in conjunction with the Demolition and Site Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 21st day of March, 2011 . Ernest G. Clark, Mayor ATTEST : Suzy Schares, CMC City Clerk CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. February 18,2011 Carnegie Conference Room Members Present: Bonetta Culp,John Blitsch,Abraham Funchess(ex officio) Member Excused: Tim Luce Others Present: Dan Trelka, Sandie Greco, Mark Rice, Steve Decker, Bill Bachman, Craig Clark, Eric Thorson,Bob Stringer, Cheryl Huddleston Huddleston distributed a revised Agenda, changing Item E under New Business, and a job notice and job description for Maintenance Worker I. This job title better reflects the job duties of what is currently classified as Parking Meter Repair. This is strictly a job title change and the current employee in the Parking Meter Repair classification will also receive the new title. Moved by Culp, seconded by Blitsch to approve the February 18, 2011 revised Agenda. Motion carried. Moved by Blitsch, seconded by Culp to approve the December 17, 2010 and January 4, 2011 Minutes. Motion carried. ITNFINISHED BUSINESS The Civil Service List for Equipment Operator I—Street Department was presented for approval. The position was approved by Human Resources on 9/27/10 and by Civil Service on 11/19/10. There are several vacancies due to retirements. The position was advertised in the Courier, posted on the City website and cable channel, a notice was sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. We received 54 resumes and 23 candidates were invited to interview by a panel of Keith Kearns from Waste Management, Paul Huting from Leisure Services and Bob Stringer from Human Resources. One candidate cancelled, 3 did not show for their interview and 1 candidate did not pass the interview. The Civil Service List has 7 white males, 1 white female and 2 black males; the Reserve List has 8 white males. Moved by Culp, seconded by Blitsch: We, the members of the Civil Service Commission, cert5 the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Equipment Operator I for the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next year (February 18 2011 — February 17, 2012). CERTIFIED LIST Scott Paeper Debbie Ernst Michael Yerkes Chad McNamara Michael Hackbarth Robert Decker Larry McNamara Kenneth Rieves Chris Leet Brian tithe • The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. RESERVE LIST Gary Wentz Jay Millett Russell Myers Dave Rutledge Clint Olmstead Mike Skillings Craig Gorman Jeff Sharkey Motion carried. The Civil Service List for Operations Supervisor— Street Department was presented for approval. The position was approved by Human Resources on 10/11/10 and by Civil Service on 11/19/10. There is a vacancy due to a retirement. The position was advertised in the Courier, posted on the City website and cable channel, a notice was sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. We received 13 resumes and 3 candidates were invited to interview by a panel of Steve Ravn from Cedar Falls Public Works, Rick Curran from Leisure Services and Bob Stringer from Human Resources. One candidate did not pass the interview. The Civil Service List has 2 white males, both current employees. Moved by Blitsch, seconded by Culp: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Operations Supervisor for the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next year (February 18, 2011 — February 17, 2012). CERTIFIED LIST Scott Clement Tony Pauley Motion carried. The Civil Service List for Park Maintenance IV/Electrician — Leisure Services was presented for approval. The position was approved by Human Resources on 10/11/10 and by Civil Service on 11/19/10. This is a new position replacing a vacant Park Maintenance II/Construction position. The position was advertised in the Courier, posted on the City website and cable channel, a notice was sent to the agencies, organizations and individuals on the Affirmative Action List and the IBEW and posted in all City departments. We received 10 resumes and all candidates were invited to interview by a panel of Tim Moyer from Building Inspections, Rick Curran from Leisure Services and Cheryl Huddleston from Human Resources. Three candidates cancelled their interview. The Civil Service List has 7 white males. Moved by Culp, seconded by Blitsch: We, the members of the Civil Service Commission, certi& the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Park Maintenance IV-Electrician for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (February 18, 2011 —February 17, 2012). CERTIFIED LIST Joseph Boyle Todd Heinrich Matt Delagardelle Gary Sadler Merlin Kruse Matthew Schuster Motion carried. IJpdateS Mechanic Foreman—Central Garage Approved by Human Resources 9/13/10 and Civil Service 11/19/10. Posted as a promotional and received 3 resumes. Candidates interviewed by Larry Smith from Waste Management, Rick Curran from Leisure Services and Bob Stringer from Human Resources. Mark Rice, Garage Superintendent, has requested the Commission delay certifying the list until we are closer to consolidation of public works services to the new building. Sewer Maintenance Worker—Waste Management Services Approved by Civil Service 11/19/10 and by Human Resources 12/13/10. Advertised in the Courier, posted on the City website and cable, notices were sent to the agencies, organizations and individuals on the Affirmative Acton List, and posted in all City departments. There is a vacancy due to a resignation. Received 24 resumes and will be reviewing and scheduling interviews soon. Police Recruit—Safety Services Approved by Human Resources 11/8/10 and by Civil Service 11/19/10. Extensive advertising— Courier twice, City website and cable, notices sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. PSA sent to regional radio stations and newspapers, KBBG, KWWL, posters sent to a variety of businesses around Waterloo and all the fitness facilities, posted on policeone.com, policerecruiter.com, officer.com, notice sent to state and regional colleges with a police science program. Received 211 resumes; 87 showed for physical fitness test, but only 75 passed. Those 75 took a written exam and 62 passed. Interviews scheduled for Feb 22-25, 28. NEW BIJSINESS The job description and testing criteria for Engineering Technician was presented for approval. The position was approved by Human Resources on 12/13/10. There is a vacancy due to a retirement. There are very minor changes in the job description. It will be posted as an open exam. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Engineering Technician. Motion carried. The job description and testing criteria for Plans Examiner-Building Inspections was presented for approval. The position was approved by Human Resources on 1/3/11. There is a vacancy due to the retirement of the Plan Review Specialist. This is a new job classification and description. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Plans Examiner-Building Inspections. Motion carried. The job description and testing criteria for Captain of Police Services-Safety Services was presented for approval. The position was approved by Human Resources 2/7/11. There is a vacancy due to a reorganization of the Waterloo Police and Fire Rescue Departments. This is a new job classification and description that will be posted as a promotion with the intent that it will be filled by a current police captain. The position will continue to perform a division captain's duties in addition to administrative duties. Moved by Culp, seconded by Blitsch to approve the job description and testing criteria for Captain of Police Services-Safety Services. Motion carried. The job description and testing criteria for Chief of Fire Services-Safety Services was presented for approval. The position was approved by Human Resources on 2/7/11. There is a vacancy due to a reorganization of the Waterloo Police and Fire Rescue Departments. This is a new job classification and description. Under Iowa Code the City must have a Fire Chief and the position must be filled as an open position. The position will act in that capacity while reporting to the Director of Safety Services. Blitsch noted that there was a portion of the "Acceptable Experience & Training" left off the Job Notice — "Any equivalent combination.....necessary to perform the work" will be added to the job notice before posting. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Chief of Fire Services-Safety Services with the noted correction. Motion carried. The job description and testing criteria for Maintenance Worker I-Traffic Operations was presented for approval. The position will be taken to Human Resources on 2/21/11 but we needed to get a jump on the position quickly. This is a new job title replacing the Parking Meter Repair person who retired. The current description has more ramp maintenance duties and may be used to assist with other downtown maintenance as available and needed, but will continue parking meter duties. Moved by Culp, seconded by Blitsch to approve the job description and testing criteria for Maintenance Worker I-Traffic Operations. Motion carried. OTHER BUSINESS None With no further business, moved by Culp, seconded by Blitsch to adjourn. Motion carried. Cheryl Huddleston,Human Resources Manager Clerk for the Civil Service Commission MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, FEBRUARY 8, 2011 LEISURE SERVICES OFFICE 1101 CAMPBELL AVENUE Chairman Dave Buck called the meeting to order at 7:30 AM Present: Sheryl Annette, David Buck, Kevin Evans, Bob Frost, Chris Handfelt, Aundra Meeks and Sharon Samec. Staff present: Paul Huting, Bill Bachman, James Bolger, Rick Curran, Todd Derifield, Chris Dolan and Mark Gallagher. Also present: Courier Reporter Tim Jamison, Roger White, Chair of the Black Hawk County REAP Committee, Vern Fish of the Black Hawk County Conservation Commission and Aric Schroeder, City Planner. Buck called for approval of the Agenda. Motion by Samec, seconded by Evans to approve the agenda. Ayes: All. Nays: None. Buck called for approval of the 01/11/11 meeting minutes. Motion by Annette, seconded by Evans to approve the minutes. Ayes: All. Nays: None. Chris Handfelt and Aundra Meeks arrived at 7:31 AM. Buck called for approval of the bills. Motion by Frost, seconded by Samec to approve the bills. Ayes: All. Nays: None. REQUEST TO APPROVE BLACK HAWK COUNTY REAP PLAN — Roger White explained the Black Hawk County Resource Enhancement and Protection (REAP) Plan. Motion by Frost, seconded by Samec to endorse the Black Hawk County REAP Plan. Ayes: All. Nays: None. SIMPLIFY RENTAL RATES FOR BOAT HOUSE - Motion by Evans, seconded by Meeks to approve the simplified rental rates for the Boat House as recommended by the Leisure Services staff. Ayes: All. Nays: None. WEEKDAYS, Monday through Thursday • $150 1-4 hours. (Was $173) • $200 4-8 hours. (Was $221) • Over 8 hours, evaluation by Director. WEEKENDS, Friday, Saturday, Sunday, Holidays • $250 1-4 hours. (Was $248) • • $300 4-8 hours. (Was $296) • Over 8 hours, evaluation by Director • Eliminate $12 per hour attendant fee. The next regular Leisure Services Commission Meeting is scheduled for March 8, 2011. Motion by Samec, seconded by Evans to adjourn. Meeting adjourned at 8:24 AM. Signed this 8th day of March 2011. Sharon Samec, Secr tarjr MINUTES COMMUNITY DEVELOPMENT BOARD MEETING February 15, 2011 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:30 p.m. on Tuesday, February 15, 2011. Members present: Kenneth Adderley, Mickye Johnson, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Members absent: Amber Boyd. Also present: Rudy Jones, Community Development Director;Noel Anderson, Community Planning& Development Director; Steve Schmitt, Council Liaison;Nancy Gulick, Community Development Coordinator;Ann Northey,Administrative Secretary; Patricia King, Eye of the Needle; Barb Prather, Northeast Iowa Food Bank; Barb Grant, Operation Threshold and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed out and asked for additions or changes to the agenda. Rudy Jones reported an invitation from Habitat for Humanity would be added under Discussion Items. It was moved by Mickye Johnson and seconded by Bob Reisinger to approve the Agenda as mailed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING AND THE PUBLIC HEARING ON JANUARY 11,2011. It was moved by Bob Reisinger and seconded by Kenneth Adderley to approve the minutes for the regular meeting and public hearing on January 11,2011. Motion carried. C. OLD BUSINESS: 1. Multi-Family Rental Housing Funds Update—Round 2. Rudy Jones reported the State has approved the Stroh project. Some administrative environmental work must be completed and then we will initiate contract documents for this project. Chairman Johnson asked when the project would break ground and get underway. Rudy Jones stated we anticipate the work to begin this summer. 2. Rental Rehabilitation—Rath Brownfields Rudy Jones indicated the Rental Rehabilitation Program for the Rath Brownfield's area has been packaged, we are advertising and sending out applications. The application deadline is March 4, 2011 and all work must be completed by the end of August. Economic Development funds will be utilized for this project, which will complement the new construction that is taking place in this area. Minutes February 15, 2011 Page 2 Chairman Johnson asked if staff or a subcommittee would be responsible for reviewing the applications. Following discussion, it was determined that a subcommittee would review applications prior to the March 15th Board meeting and provide a recommendation to the Board. Subcommittee members include: Bob Reisinger, Kenneth Adderley and Jeri Thornsberry. 3. National Community Development Week Rudy Jones indicated with the threat of potential budget cuts to the CDBG program, we may need to accelerate dialogue and initiate correspondence to our congressional representatives in support of these programs. D. NEW BUSINESS: 1. Endorse Rehabilitation Contracts for January 2011. (Report attached.) It was moved by Mickye Johnson and seconded by Kenneth Adderley to endorse the Rehabilitation Contracts for January 2011 as presented. Motion carried. E. DISCUSSION ITEMS: 1. FY2012 Budget Reductions Chairman Johnson reviewed allocations for past years and noted a gradual reduction in funding has developed. This year we were anticipating about $1.5 million in funding, however,Nancy Gulick attended a conference in Washington, D.C. in January and learned that our funding levels would be cut to approximately the FY2009 funding level. The Chairman noted this would put us at about $1.3 million, and he noted the subcommittee reduced the proposed budget to reflect that figure. Nancy Gulick advised that our current information out of Washington is that funding levels will be at the FY2009 levels, but funds could still be cut further. She noted we should know more about our status in March. Mickye Johnson indicated the work of the subcommittee is always a challenge to provide a workable budget. He inquired if there was any way to determine across the board cuts if we receive a significant reduction in funding this year? Rudy Jones stated we would look at programming first,and those programs furthest away from our core would be considered, as well as programs with shorter life spans and project periods. We would need to stay close to the commitments of our one-year and five-year plans. We are diligent in reminding staff that we need to ramp up efficiency and production. Our new staff members are getting up to speed with their certifications and our programs, because our production and efficiency is more critical now than ever. Mickye Johnson inquired if this cut would affect staffing levels. Rudy Jones indicated this may be a critical issue at some point. As programs are addressed and decreased, we may need to reduce the staff that implements those programs. Chairman Johnson stated we have factored in the President's proposal, but it sounds like the Republican budget may be less favorable, in the name of deficit reduction,which there are two sides to every coin and this may be less favorable to CDBG funds. We are approving this and we should have a back up plan. • Minutes February 15, 2011 Page 3 Mickye Johnson stated it is best to be proactive to our subrecipients and make it plain to them that severe cuts may be a possibility. Rudy Jones indicated we would be communicating this message throughout the next few weeks up to Community Development Week. Chairman Johnson expressed the cuts will affect staffing levels, and even though additional funding sources come in to the department,the staffing levels should be adjusted to reflect these funds. Rudy Jones indicated we do have additional dollars that we administer apart from CDBG funds that may not be there in the future as well. Jeri Thomsberry inquired about the process for approving the applications recommended by the subcommittee, and if there was a deadline for disbursing the funds. Chairman Johnson stated the Community Development Board makes a recommendation, which is publicized for a 30-day public comment period. After this, the City Council holds their public hearing to approve our proposed budget or make changes to it, and then it is submitted to HUD by May 15th. We are now trying to approve a budget for publication. Jeri Thornsberry indicated we are really stalled for making a budget, as we don't know how long the budget process will take in Washington. Chairman Johnson reviewed the deadlines for our Funding Cycle process and a scenario if funding levels are drastically reduced. Nancy Gulick stated that in the past our allocations have arrived in March. If there were significant changes, we would notify the Board to raise or lower a budget line item to accommodate the change. We have been able to do this prior to submission of a full budget to the City Council. We have never had to deal with this issue before. Nancy indicated the CDBG budget should be ok with the information she currently has,however, the HOME budget may need to be reduced further. Chairman Johnson indicated we would deal with the information that we have so that we submit our application to HUD by the May 15th deadline. 2. Cedar Valley Coalition Trip Rudy Jones indicated there would be strong discussions with congressional staff on our concerns for the CDBG and HOME programs. We will also be reviewing competitive grants for homelessness and other programs. Jeri Thornsberry inquired if the Rath Brownfields project was in jeopardy with considerable pressure to eliminate the EPA? Did the EPA create funding that is a part of our project here? Rudy Jones stated many dollars have been contributed toward the clean-up of this area, removal of primary buildings, an Economic Development loan pool that would have helped create additional economic development initiatives and the Rental Rehabilitation project will address some of the rental housing in this area. We are also planning to move outside that area to a new target area. This will be the last push we have to develop this area. Minutes February 15, 2011 Page 4 Mickye Johnson asked what are the regional projects and programs being discussed during the Cedar Valley Coalition Trip. Rudy Jones stated there is some discussion from the HUD offices that communities must start thinking more regionally. Even though we don't have any regional projects,we do have a vision of that, lets say Highway 63. Neighbors to the north and south look realistically how we impact our region with decreasing dollars. Nothing is on the table. Noel Anderson stated it is not always just about a project, but a policy issue from the federal level that can impact the Cedar Valley such as transportation, economic development and job creation, etc. Chairman Johnson advised the Board was invited to attend the open houses for two Habitat for Humanity homes in the Cedar Valley on February 28th. Information was circulated. F. ADJOURN MEETING With no further business to come before the Board,the Chairman adjourned the meeting. Respectfully submitted, Kenneth Adderley, Secretary • , j i i S I Ci fl • li >18 'OUP:P: 4.4,0 3i '' 4 44 W,N- evww . wars wr ....... . ..........♦.... . , ....O .......,.......1 ......... .... _..•....t t•_ o�w W."' c-pr _aglg a 151.1 lelaw.g w.w. . 4 a ;19 v l s WEl 0 O i .....................^, L ,... ...•IV 1 ........n._ 1Y F CO........ L V t L W _ VB VI Oil X 3 i n y .aa .13_ „ 1 .,, q8.1 sgrl. ,, r ! a !IA 8 •q RBI .1;i UNP RI h..., ,,- L' 5 P P P Z ail � g Mi g ... 1 fit ul �$ flih MINUTES COMMUNITY DEVELOPMENT BOARD PUBLIC HEARING FOR CITIZEN INPUT FY2012 CDBG and HOME PROGRAM February 15,2011 Chairman Eric Johnson called the public hearing to order at 5:00 p.m. in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa. Board Members present: Kenneth Adderley, Mickye Johnson, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Board Members absent: Amber Boyd. Also present: Steve Schmitt, City Council Liaison; Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator;Noel Anderson, Community Planning& Development Director; Ann Northey, Administrative Secretary; Patricia King, Eye of the Needle; Barb Prather,Northeast Iowa Food Bank; Barb Grant, Operation Threshold; and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF AGENDA It was moved by Kenneth Adderley and seconded by Bob Reisinger to approve the agenda as mailed. Motion carried. B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING The Chairman stated the purpose of the hearing is to receive citizen input on the subcommittee recommendation for FY2012 CDBG and HOME Program funding for the Consolidated Plan, One-Year Action Plan. Chairman Johnson indicated a copy of the display ad published in the Waterloo/Cedar Falls Courier on Sunday,February 6, 2011 announcing the public hearing was included on the back of the printed agenda. Copies of the affidavits were submitted for approval. It was moved by Mickye Johnson and seconded by Kenneth Adderley to approve and place on file the affidavit for the notice published in the Waterloo Courier. Motion carried. Chairman Johnson reviewed the subcommittee's process to prepare a preliminary budget. He stated the committee initially began with an approximate allocation of$1.5 million in CDBG funding. During the process we were informed that those numbers would be reduced. This information required us to pare down some of our recommendations. We hope the proposed budget we have advertised will remain firm, however, it is a possibility we may need to revisit this budget and provide a new recommendation. r Minutes February 15, 2011 Page 2 C. OPEN PUBLIC HEARING It was moved by Jeri Thornsberry and seconded by Gary Rankin to open the public hearing. Motion carried. At this time the Chairman opened the hearing for comments and asked participants to identify themselves at the microphone, stating their name, address and project request. Patricia King, representing Eye of the Needle, extended her appreciation for the funding received last year and was glad to see the allocations proposed so her program could continue. Ms. King emphasized the great need in the community for the services provided by her organization and stated she would utilize the proposed funds as wisely as possible to assist the most people. Barb Prather,Northeast Iowa Food Bank indicated their project is in the 3rd year for their Capital Campaign and thanked the Board for funding the past two years. She noted the third year of support keeps their program on track for completion of this project. Barb Grant, Operation Threshold also thanked the Board for including additional funding for their Weatherization Plus program. Chairman Johnson asked for further comments from the public. No further comments were received. D. CLOSE PUBLIC HEARING The Chairman called for a motion to close the hearing. It was moved by Gary Rankin and seconded by Kenneth Adderley to close the public hearing. Motion carried. E. MOTION TO AUTHORIZE PUBLICATION OF BUDGET FOR THE 30-DAY COMMENT PERIOD (MARCH 1-30,2011)AND SUBMIT RECOMMENDATION TO THE CITY COUNCIL FOR PUBLIC HEARING—APRIL 18,2011. Chairman Johnson explained we are at the point to authorize this budget for publication for a 30- day public comment period and then submit the recommendation to the City Council for a public hearing on April 18, 2011. The Chairman noted this is the subcommittee's recommendation, but it does not have to be the Board's recommendation. He stated if anyone has questions or wishes to advocate for a certain project,then this is the time. Chairman Johnson commented that the review process is a difficult one, as there are more good programs in need than we have funds available to distribute. Chairman Johnson indicated he served on the subcommittee this year along with Bob Reisinger and Amber Boyd. This year our council representatives were David Jones and Quentin Hart. Minutes February 15, 2011 Page 3 It was moved by Bob Reisinger and seconded by Jeri Thornsberry, to authorize publication for the 30-day comment period—March 1-30, 2011 and submit the recommendation of the subcommittee to the City Council for their public hearing on April 18,2011. On roll call: Kenneth Adderley, Mickye Johnson, Gary Rankin, Bob Reisinger,Jeri Thornsberry and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. F. ADJOURN Chairman Johnson thanked everyone for attending and with no further business adjourned the meeting. 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CFD 3 p 3 Q, p ca P a`' 3 0.) '^ w d. n. FIT D co N _c -0 (� Vi r�-r -p CD 0 c CD cn = 3 = -- Y p CCD - 3. 3 a 3 a <1111 y 3. IT :ram "._CD (IQ A I E.: R 5,' ,.,. N I m IOWA STATE UNIVERSITY University Extension Butler Bremer Black Buchanan Grundy Hawk Healthy people, environments, and economies start with Extension. Read about some of the ways Tama ISU Extension meets local needs, improves quality of life, and helps make Iowa a better place to live. You'll be amazed at what we do. 2010 Stakeholder Report Allen Ricks W .` / ' Region9 ` ` Regional Extension 1 ` a$ I y, � Education Director • e s r ,, ,., ge ' alricks@iastate.edu a , 319-239-5225 t 1 COUNTY EXTENSION COUNCIL Every Iowa county has an elected $ Extension Council that guides local educational programming by partnering with staff.From needs assessment through program implementation and '. .. evaluation of outcomes,the council HEALTHY ECONOMIES: represents the issues and people of the county. Local farmers continue to have access to Iowa State University Extension support. Even as ISU Extension implements new program delivery methods and ag specialist assignments are shifted,the tradition of supporting agriculture with a strong base of specialists in Region 9 has been kept intact.This is demonstrated by the appointment of KEY ISSUES: a new dairy specialist and new field agronomist to serve northeast We identified these priorities for Iowa, including several counties in Region 9.Training programs for all current and future programming in agriculture producers continue to be offered in all six counties. this region... • Support for crops and livestock County educators and program specialists continue to support traditional production as well as innovative and entrepreneurial ventures of agriculture producers. • Local foods initiatives With the support of these ISU Extension specialists,two new vineyards opened in 2010;a public-land-use policy shift opened tracts of land • Positive youth development for new Iowans hoping to move into limited production for farmers' • Nutrition and healthy lifestyles markets; and an incubator kitchen for processing local foods continues to be explored. ISU Extension's commitment to serve the agricultural • Family financial literacy base of Iowa's economy is very evident in Region 9. • Consumer horticulture and acreage living HEALTHY PEOPLE 4-H continues its strong influence for positive youth development in the six counties of Region 9. One out of four K-12 youth in the region is directly impacted by 4-H programming each year.A total of 1,636 L. HEALTHY PEOPLE (CONT.) *-^- t youth are currently enrolled in the traditional 4-H club program, with 14 percent of those youth self-identifying as being from a town, suburb or `/� city, and 86 percent indicating a farm or rural background. Cooperative day camps, special project groups, and school-based 4-H experiences brings the total number of youth being impacted by 4-H to 9,284 (unduplicated participants). The 4-H program has seen strengthened support from the counties. Tama and Butler counties both welcomed new county youth coordinators in the past year. Black Hawk County conducted a formal - 4-H review,with changes in staffing patterns and new assignments being made. Black Hawk County has also welcomed two AmeriCorps volunteers to its staff. Regionally, a grant-funded summer intern t' supported the county fairs in each of the counties.And, work proceeds t toward the hiring of a second regional youth specialist. 4-H maintains _, -� its status as the premiere youth development program in Iowa—and continues to shape and mold a very significant number of lives in Region 9. „ ,-. HEALTHY ENVIRONMENTS I When flood waters rise,ISU Extension moves into high gear. Just as the counties of Region 9 were finally feeling a sense of recovery from the record floods of 2008,the summer of 2010 proved to be another season for a deluge of rain in the region. But, again, ISU Extension in the affected counties stepped up to the situation, providing education and support to the families being impacted by the floods. Information for flood clean-up _ was quickly distributed to homeowners. Staff members participated in a ma the counties' emergency management efforts, and several staff members t' 1. n got personally involved in helping their friends and neighbors with the - .� " immediate clean-up in their communities. '1 In the longer term, ISU Extension resources helped agriculture producers '►/ with decisions related to flooding impact on crops,forage, and livestock. ISU Extension is a ready friend when nature is too generous with rainfall! Mal — FUTURE PLANS County ed+carats are(from left) Frank Albertsen, A strong ISU Extension Region 9 leadership team evolved as the six Tama;Ron Lenth, Bremer;Amy Kelly, Buchanan; counties moved through the ISU Extension restructuring. Each county Rod Hamer,Black Hawk;Al Ricks,regional chose to employ a key staff member as the "face at the front door" director;and B,llArndorfer, Butler and Grundy for extension.These key educators are responsible to their respective andivaee-f-tau county extension council, and meet on a monthly basis with the The D.S.Department of Agriculture(USDA)prohibits discrimination in regional director. all its programs and activities on the basis of race,color,national origin, gender,religion,age,disability,political beliefs,sexual orientation,and marital or family status.INot all prohibited bases apply to all programs.) Opportunities for shared programming are being recognized as Many materials can be made available in alternative formats for ADA clients.To file a complaint of discrimination,write USDA,Office of Civil administrative efficiencies are gained. Regional 4-H camps were held in Rights,Room gton,D,What-9 10orcal, th and 02-720tod6pendenceAvenae' 2010 and areplanned again for 2011. A regional intern will again support SW,Washington,DC 20250-9470 or w11 2 0 2-7 2 0�5964. g Issued in furtherance of Cooperative Extension work,Acts of May 9and the six county fairs, and exploration of local foods opportunities will June 30,1914,in cooperation with the U.S.Department of Agriculture. impact multiple counties in the region next year. Gerald A.Miller,interim director,Cooperative Extension Service,Iowa State University of Science and Technology,Ames,Iowa. CEO 10 December 2010 3420 UNIVERSITY AVENUE,SUITE B,WATERLOO,IA 50701-20451319-234-5811 I FAX 319-234-5581 W W W.EXTENSION.IASTATE.EDU ' 17th Annual y Omelet Breakfast Sunday, March 27 Sam - 1pm UAW HALL 2615 Washington St., Waterloo COST: Adults (11 & over) - $6.00 Children (6-10) - $2.00 5 and Under - Free Sponsored by Black Hawk County 4-H Co Ce -r X fry 1/414, Proceeds to benefit the Black Hawk County 4-H & FFA Fair Matching funds provided by Thrivent Financial for Lutherans. The fees for service will be used to off-set direct expenses and to support the 4-H Youth Development County Extension Program. IOWANS itstartswitheachofus Iowa State University Extension helps you invest in yourself, your family, and your future. Extension helps you make the most of your resources, and that helps all of us. ICI A S BUILD THEIR PROFESSIONAL SKILLS WITH LSE E ` E StON. COURSES.. Last year enrollment in noncredit educational programs topped 492,000. Iowans gain knowledge and expertise for professional certification and career advancement online,face-to-face, and in home study. IOWANS MAKE BETTER CHOICES ABOUT FOOD AND FITNESS and gain healthy habits. In a sample survey of the 76,000 participants in ISU Extension nutrition education workshops, 85 percent reported improving their diet; 48 percent increased physical activity. Last year 9,690 Iowans participated in ISU Extension family financial management programs; in a sample survey 64 percent reported reducing debt. Farmers evaluate profitability, liquidity, solvency, and risk-bearing ability of their businesses with Extension's Farm Financial Planning computer analysis.The analysis helps them make informed decisions to increase farm profitability and improve cash flow. DREAMS COME TRUE FOR IOWA ENTREPRENEURS. ISU Extension helps Iowa entrepreneurs understand their clientele, identify business locations, and set up marketing and business plans.Whether they are new to Iowa, seeking financing, or trying to find their Main Street niche—ISU Extension can assist them. reduces stress and contributes to family and community stability. ISU Extension's A Place of Your Own educates homebuyers about finding a home that fits their needs and their budget.This online homeownership education program trained 500 first-time homebuyers last year, helping them qualify for a loan. LOCAL LEADERS IMPROVE COMMUNITY QUALITY OF LIFE with ISU Extension's technical assistance, consultations, and educational programs. Extension builds leadership skills and helps with projects that lead to downtown restoration, landscape revitalization, and other economic development. FuLL from comprehensive business feasibility audits. Extension audits examine economic, market, technical, financial, and management factors, so people in business can make informed decisions about expanding services, product development, or building or remodeling facilities. itstart with EXTENSION EXTENSION PROGRAMS BENEFIT ALL IOWANS IT ' ' Find us at www.extension.iastate.edu F 4 --e tT j" - � _ K t ALE 11q' -NI' IBYO�o iER if - 1 4,4E YARD A -' 42373 �• at a ` V v i c ` '% }m. Nit ',tr ... ,- r f t ' ,� -10 a�`�+'yc,�re pr M = i c "* IOWA STATE UNIVERSITY University Extension Healthy People. Healthy Environments. Healthy Economies. Iowa State University Extension programs are available to all without regard to race,color,national origin,religion,sex,age,or disability. CER10.0le May 2010 Page 1 of 1 MARIA ARMSTRONG From: Temeyer, Michelle R [CO PD] [temeyer@iastate.edu] Sent: Wednesday, March 09, 2011 9:32 AM To: MARIA ARMSTRONG Subject: Agenda Item -- Monday, March 21 Attachments: Press Release-- Extension Week 2011.doc Maria: May we (Iowa State University Extension Black Hawk County) be placed on the Waterloo City Council agenda on Monday, March 21 to inform council members about Extension Week? It is purely a matter of information and no action is required by the Council. Attached is a press release that provides further information. Extension Council members will be present to discuss this item—for 3 or 4 minutes. Let me know if this works and if you have any questions! Michelle Michelle Temeyer Community Education Liaison Iowa State University Extension—Black Hawk County 3420 University Ave Ste B Waterloo, IA 50701 319.234-6811 temeyer@iastate.edu 3/9/2011 STATE UNIVERSITY University Extension Healthy People. Environments. Economies. Iowa State University Extension - BSu to alack Hawk County 3420 University Waterloo, IA 50701 319.234.6811 March 9, 2011 For Immediate Release Contact: Michelle Temeyer at Iowa State University Extension (319.234.6811) Iowa State University Extension sion 2011 Celebrates Extension Week Waterloo - Iowa State University Extension will cy leb ate yEut nsio o ton Week on March 21 - 25, 2011. "It's one way we can many volunteers, community leaders, organizations, agencies and other partners who support ISU Extension work in Black Hawk County," said Rod Hamer, the county's office manager for ISU Extension. County extension offices across the state are hosting many events. In Black Hawk County, with offices at 3420 University Avenue, Suite B in e visits to partnerin bus Waterloo, activitiesek nesses staff servicep ojectlatdthe Northeast Iowa Foodl andWBank and foand organizations,riv Mod drive, eplacement of severalrbi boards anies nd public sery service the month of March and thep announcements to promote Extension. Gerald Miller, interim vice president for ISU Extension and Outreach stated that, "As a land-grant university, Iowa State was founded on three big ideas: to open higher education to all, to teach practical classes and to share knowledge far beyond the campus borders," Miller said. "When it comes to providing education that makes a difference in Iowans' everyday lives, it starts with Extension." Extension is part of an educational network supported by Iowa State University, local county governments and the United States Department of Agriculture. Every county in Iowa has an elected extension council that 1 • decides how local tax dollars are spent to support ISU Extension educational programs at the county level. "County extension council members help keep ISU Extension relevant and engaged with Iowans," said Terry Maloy, president of the Iowa Association of County Extension Councils (IACEC). "We keep track of local issues so ISU Extension can address them with research-based information and education to help people make better decisions in their personal, community and professional lives." If you are interested in learning more about Extension, contact Michelle Temeyer, Community Education Liaison at 319.234.6811 or visit www.extension.iastate.edu/blackhawk. ABOUT EXTENSION: Iowa State University Extension builds partnerships and provides research-based learning opportunities to improve quality of life in Iowa. Businesses, farmers, communities, or families turn to Iowa State University Extension for our unbiased, research-based information and education to help Iowans make better decisions today and tomorrow. Extension staff members present information for everyday living through public programs & workshops, direct mail, radio, television, and newspapers. Staff members also provide one-on-one counseling, assist various organizations & businesses, and organize conferences, workshops and educational courses. For more information on Extension, go to: http://www.extension.iastate.edu/blackhawk/. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Many materials can be made available in alternative formats for ADA clients. To file a complaint of discrimination, write USDA, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call 202-720- 5964. The fees for service will be used to off-set direct expenses and to support the 4-H Youth Development County Extension Program. --END- 2