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Council Packet - 3/15/2021
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Meeting will be held virtually via Zoom. Visit https:Hcityofwaterlooiowa.com/register and register to receive the Zoom meeting information. Please contact the City Clerk's Office at 319-291-4323 with questions. Monday, March 15, 2021 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new,livable wage jobs through a balanced economic development approach of assisting existing businesses,fostering start-ups,attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable,and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. ELECTRONIC CITY COUNCIL MEETINGS At this time,all meetings of the Waterloo City Council will be electronic because meeting in person is impossible or impractical due to the spread of C011ID-19. Iowa Code Section 21.8,Governor Reynolds'Disaster Emergency Proclamations allow cities to hold electronic meetings and Mayor Hart has issued Civil Emergency Proclamations calling for electronic meetings. Electronic meetings will be held utilizing Zoom video conferencing. Zoom meeting information is available on the city website at httpsJ/cityofwaterlooiowa.coni/register. You may also call the City Clerk's Office at 319-291-4323 or email clerks@waterloo- ia.org to receive the meeting information. Individuals speaking during the electronic regular session or planning session meetings are required to follow the rules for public participation. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A Iowa Code Chapter 21 gives the public the right to attend council meetings,but it does not require cities to allow public participation except during public hearings.The public is required to follow the rules listed in this article when speaking during any meeting of the city council. R At the presiding officer's discretion,individuals may address the presiding officer by stepping to the podium,and after recognition by the presiding officer,shall state their name,address and group affiliation,if appropriate,and speak clearly into the microphone. C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Page 1 of 356 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerks@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENTDURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer,individuals may speak for a maximum of three(3)minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of March 1, 2021, Regular Session, as proposed. Proclamation declaring March 23, 2021 as National Ag Day. Proclamation honoring the Iowa Food Bank Association. Swearing in of(3) new Police Officers, Jacob Bolstad,Anthony Frenz and Mitchell McGee. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: Page 2 of 356 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Variance to Noise Ordinance request from Lori Petersen, in conjunction with the Waterloo Public Library Summer Library Program Puppet Show to be held at Lincoln Park on Thursday, July 22, 2021 at 10:30 a.m. Submitted By: Corbin Payne, Police Lieutenant 3. Resolution approving Variance to Noise Ordinance request from Brandon Simon, in conjunction with the 5th annual Urban Cross Grand Prix event to be held on May 15, 2021 from 11:00 a.m. to 5:00 p.m., at National Cattle Congress Fairgrounds. Submitted By: Corbin Payne, Police Lieutenant 4. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of$300 from Metro 66 No.l, 3201 West Fourth Street, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Martin M. Petersen, City Attorney 5. Resolution approving submission of a grant application for Waterloo Housing Trust Funds in the amount of$40,000, to supplement Community Development's Emergency Repair Program, specifically when eligible applicants are unable to financially cover repair costs that exceed the cap of$4,000. Submitted By:Rudy D. Jones, Community Development Director 6. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of an EZ Liner Model TS-AL120 Truck Mounted Striping Machine from EZ LINER of Orange City, Iowa. Submitted By:Randy Bennett, Public Works Manager 7. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of a 2019 Ford Econoline VIPW Van, with a Lift Gate for the Street Department, in the amount of $37,120, from Enterprise Truck Rental of Davenport, Iowa. Submitted By:Randy Bennett, Public Works Manager 8. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as April 8, 2021 and date of public hearing as April 19, 2021, in conjunction with the FY 2021 Waste Water Treatment Plant and Lift Stations Mowing Contract, and instruct the City Clerk to publish notice. Submitted By:Brian Bowman,Treatment Operations Supervisor 9. Resolution approving preliminary specifications and bid documents, setting date of bid opening as April 8, 2021 and date of public hearing April 19, 2021, in conjunction with the purchase of one (1) 2021 mid-sized multi-passenger vehicle for the City Motor Pool, and instruct the City Clerk to publish notice. Submitted By:Randy Bennett, Public Works Manager 10. Resolution setting a date of public hearing as April 5, 2021, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of 514 Johnson Street to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and authorize the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning& Development Director 11. Resolution setting a date of public hearing as April 5, 2021, to approve a Business Property Lease with IPE1031 REV279, LLC, for the use of property located west of 1318 Martin Road, in the amount of $1,000 per year, and instruct the City Clerk to Page 3 of 356 publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 12. Resolution awarding bid to Restoration Services, Inc. in the amount of $77,500 for tuckpointing, power washing and sealing of exterior building at Waterloo Public Library, and approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Jeremiah VanDyke, Paramedic Class/Meeting: Basic Fire Investigation Course Destination: Camp Dodge, Johnston, IA Dates:April 26 - May 1, 2021 &May 3 - 7, 2021 Amount not to exceed: $475 b. Officer Nathan Watson Class/Meeting: Hazardous Device School Destination:Huntsville,AL Dates:March 29 -April 30, 2021 Amount not to exceed: $5,575 C. Officers Jordan Ehlers and Matthew Woodward Class/Meeting: Law Enforcement Intelligence Network School- Criminal Intelligence Gathering Destination:Des Moines, IA Dates:April 5-16, 2021 Amount not to exceed: $1,420 2. LIQUOR LICENSES a. Amigo Mexican Restaurant, 1415 San Marnan Drive Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date:2/28/2022 b. Babe's Tap, 210 Division Street Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 3/14/2022 C. Dollar General Store#7136, 66 E. Tower Park Drive *Ownership Update* Class: B Wine/C Beer New Application Includes Sunday Expiration Date:2/28/2022 d. Dollar General Store#10073, 3815 University Avenue Class: B Wine/C Beer Renewal Application Includes Sunday Expiration Date:2/28/2022 Page 4 of 356 e. El Senor Tequila Nightclub, 118 E. 11th Street Class: C Liquor Renewal Application Does not include Sunday Expiration Date:2/28/2022 f. Yourpie, 126 E. Ridgeway Class: Special Class C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date:4/5/2022 3. APPOINTMENTS a. Scott McDonald Board/Commission:Memorial Hall Commission Expiration Date:March 31, 2024 Re-Appointment b. John Mrzlak Board/Commission:Memorial Hall Commission Expiration Date:March 31, 2024 Re-Appointment C. Matthew Carpenter Board/Commission:Memorial Hall Commission Expiration Date:March 31, 2024 New Appointment d. James Lentfer Board/Commission:Memorial Hall Commission Expiration Date:March 31, 2024 Re-Appointment e. Anthony Miller Board/Commission: International Property Maintenance Board Expiration Date:March 15, 2022 New Appointment f. Ethan Mangrich Board/Commission: International Property Maintenance Board Expiration Date:March 15, 2022 New Appointment g. Sarah Topliff Board/Commission: International Property Maintenance Board Expiration Date:March 15, 2022 New Appointment h. Sherrie Jones Board/Commission: International Property Maintenance Board Expiration Date:March 15, 2022 New Appointment i. Carrie Chandler Page 5 of 356 Board/Commission: International Property Maintenance Board Expiration Date:March 15, 2022 New Appointment 4. Motion approving change order No. 4 with Kidder Construction, Inc., of Waterloo, Iowa, for a net decrease in the amount of$2,634.67 in conjunction with the Public Works Truck Wash Area Improvements Project, and authorizing the Mayor to execute said document. Submitted By:Randy Bennett, Public Works Manager 5. Motion approving Change Order No. 5 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $441.06, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 6. Motion to approve, receive and keep on file, amendments made to Section 1 of Article III -- Organization, of the Constitution of the Memorial Hall Commission. Submitted By:Kelley Felchle, City Clerk PUBLIC HEARINGS 2. Request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District, with conditions, to construct a new Dollar General store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District, with conditions, to construct a new Dollar General store. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director 3. Sale and conveyance of property located north of 3488 Wagner Road, to Camenzind Masonry, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property to Camenzind Masonry, LLC, in the amount of$1.00, generally located north of 3488 Wagner Road, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a Development and Minimum Assessment Agreement with Camenzind Masonry, LLC, for the construction of a new industrial building, with outdoor storage, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 4. FY 2021 Riverfront Stadium Electrical Repair Project, Contract No. 1046. Motion to receive and file proof of publication of notice of public hearing. Page 6 of 356 HOLD HEARING -No comment on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, bid documents, form of contract, estimate of cost etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of bid to Community Electric of Waterloo, Iowa in the amount of$131,500 in conjunction with the FY 2021 Riverfront Stadium Electrical Repair Project, Contract No. 1046, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Travis Nichols, Facilities/Project Manager 5. General Obligation Bonds - ECP-1 - The issuance of not to exceed $19,750,000 in General Obligation Bonds for essential corporate purposes. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Resolution authorizing the issuance of not to exceed$19,750,000 General Obligation Bonds, and levying a tax for the payment thereof. Submitted By: Michelle Weidner, Chief Financial Officer 6. FY 2021 Commercial St., Katoski Dr., and Hawkeye Road Right Turn Lane Reconstruction Program, Contract No. 1024. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of$2,021,867.20, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Commercial Street, Katoski Drive, and Hawkeye Road Right Turn Lane Reconstruction Program, Contract No. 1024, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE,Assistant City Engineer 7. Sale and conveyance of property located north of 3620 Wagner Road, to Camenzind Masonry, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property to Camenzind Masonry, LLC, in the amount of$1.00, generally located north of 3620 Wagner Road, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a Development and Minimum Assessment Agreement with Camenzind Masonry, LLC, for the construction of a new industrial building with outdoor storage, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 8. Asbestos Abatement Services Contract No. AB-2021-03-8P at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street. Motion to receive and file proof of publication of notice of public hearing. Page 7 of 356 HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Site Services, Inc., of Algona, Iowa, in the amount of$19,140, in conjunction with asbestos abatement services at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 9. Demolition and Site Clearance Services, Contract No. D-2021-03-06P, located at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Lehman Trucking and Excavating, Inc., of Waterloo, Iowa, in the amount of$72,942, in conjunction with demolition and site clearance services at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street , approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 10. Regulated Asbestos-Containing Materials Demolition Services, Contract No. RD-2021- 03-1P, located at 220 Hopkins Court. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding bid to Lansing Brothers Construction Co., Inc., of Luxemburg, Iowa, in the amount of$24,800, in conjunction with regulated asbestos-containing materials demolition services at 220 Hopkins Court, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director RESOLUTIONS 11. Resolution approving an Overnight Town Agreement with Ventures Endurance, LLC for 2021 RAGBRAI events in Waterloo. Submitted By: Mayor Quentin Hart 12. Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response and relief, in the amount of 5,034, for the work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document. Page 8 of 356 Submitted By: Keith Kaspari,Airport Director 13. Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response and relief in the amount of $1,007,984, for work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document. Submitted By: Keith Kaspari, Airport Director 14. Resolution approving the FY 2022-2026 Capital Improvement and FY 2027-2032 Long Range Needs Assessment Plans for the Waterloo Regional Airport, and authorizing the Airport Director to execute said documents for submission to the Federal Aviation Commission. Submitted By: Keith Kaspari, Airport Director 15. Resolution approving a Permanent Easement Agreement for a 280 square foot drainage easement from North Star Community Services, Inc., in the amount of$319.20, located at 3420 University Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 16. Resolution approving a Professional Services Agreement with Automatic Systems Company, of Ames, Iowa, in an amount not to exceed $72,556, in conjunction with existing aeration blower control panel upgrades, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor ORDINANCES 17. An ordinance prohibiting the use of consumer fireworks. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code of Ordinances by amending Subsection B, Prohibitions and Use, of Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Margaret Klein, Ward 1 Council member 18. Request by the City of Waterloo to rezone approximately 17.50 acres from "A-1" Agricultural District and "M-1" Light Industrial District to "C-P" Planned Commercial District and "B-P" Business Park District located at 700 Falls Avenue. Motion to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of approximately 17.50 acres from"A-1" Agricultural District and "M-1" Light Industrial District to "C-P" Planned Commercial District and"B-P"Business Park District, located at 700 Falls Avenue. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 356 MEETINGS 3:45 p.m. Council Work Session 4:45 p.m. Housing Authority Board 5:10 p.m. Finance Committee PUBLIC INFORMATION 1. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Stephen Crozier, Police Officer, effective January 1, 2021 with recommendation of approval of payout of$14,294.74 for unused benefits. 2. Communication from the Leisure Services Golf Department on the notice of the conclusion of employment for Casey Ham, Golf Maintenance II, effective February 16, 2021, with recommendation of approval of payout of$1,163.76 for unused benefits. 3. Complete Streets minutes of January 2021. 4. Airport Board Meeting minutes of January 27, 2021. 5. Leisure Services Commission Meeting minutes January 12, 2021. 6. Community Development Board Meeting minutes of January 2021 and 1st Public Hearing minutes. 7. Historic Preservation minutes of January 2021. Page 10 of 356 CITY OF WATERLOO Council Communication Minutes of March 1, 2021, Regular Session, as proposed. City Council Meeting: 3/15/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of March 1, 2021 Backup Material Submitted by: Submitted By: Page 11 of 356 March 1, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on Monday, March 1, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Jonathan Grieder, Ward 2 Council Member 159581 - Juon/Grieder that the Agenda, as amended,by adding the dollar amount of not to exceed$12,000 to Item No. 15, and moving Item 1.A.7 to Public Hearing Item No. 4, for the Regular Session on Monday, March 1, 2021, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159582 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, February 15, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Swearing in of(3) new Waterloo Fire Rescue Fire Recruits—Jeremy Fuller, Dustin Stotler and Ayala Reese. PUBLIC COMMENTS Mrs. Klein commented that she is asking to come back at the next council meeting. Mayor Hart commented that he is constantly taking a look at COVID-19 levels and anticipates returning to council chambers soon. Mr. Boesen commented that he is looking for an update to the lease agreement with Enterprise rental car and asked when we can expect delivery of the vehicles. Chief Fitzgerald commented that his expectation is approximately 15-20 days. Mr. Boesen questioned the status of the Ban the Box training that was discussed prior to Covid-19. Mrs. Juon provided an update on the progress being made with the Fair Chance Initiative and explained that a training session was held via Zoom with approximately 125 attendees. 159583 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159584 - Juon/Amos that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated February 22, 2021, in the amount of$1,526,159.92 and March 1, 2021, in the amount$2,786,926.76, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2021-107. 2. Resolution approving cancellation of special assessments for properties located at 1804 E. 4th Street, 413 Wellington Street and 2929 Spruce Lane, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Page 12 of 356 March 1, 2021 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2021-108. 3. Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, for a community block party to held in the parking lot located at 3622 Hammond Avenue, on June 12, 2021, from 10:30 a.m. to 3:30 p.m., in conjunction with a praise and worship event, along with a live band and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2021-109. 4. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of$300, from Broadway Liquor, 821 Broadway Street, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-110. 5. Resolution approving acceptance of improvements of Lincolnshire Addition, submitted by Clapsaddle-Garber Associates, Inc., and performed by Midwest Development Company, Rathje Construction Co., and Central States Concrete, LLC, and file two-year maintenance bonds. Resolution adopted and upon approval by Mayor assigned No. 2021-111. 6. Resolution awarding bid to Woodruff Construction, Inc., of Waterloo, Iowa, in the amount of $3,587,300 (Base Bid+Alternates 1, 2, 3, and 4), approving the contract, bonds and certificate of insurance, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase I Project, Contract No. 951, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-112. 7. Resolu4ion setting da4e of publie heafing as Mar-eh 25, 2021 to approve the FYE 2 • ReseltAien adepted and iipen approval by Mayef assigned Ne. 2021 DGOGWater-leeial 1042020, LLG, to rezone a 3.46 aer-e pr-opet4y loeated fieftheast of 2600 said netiee. Reseltttien adepted and iipen approval by Mayof assigned Ne. 2021 9. Resolution setting date of public hearing as March 15, 2021 on the proposed issuance of not to exceed$19,750,000 General Obligation Bonds, for essential corporate purposes, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-113. 10. Resolution setting date of public hearing as March 15, 2021, to authorize the sale and conveyance of property located north of 3488 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-114. 11. Resolution approving preliminary plans, specifications and form of contract, etc., setting date of bid opening as March 25, 2021, and date of Public Hearing as April 5, 2021, in conjunction with the Waterloo Regional Airport Hangar Rehabilitation Improvement Project, Iowa DOT Aviation Bureau CSVI Project No. 9-I-210-ALO-200, and Iowa DOT Contract No. 22634, and instruct the City Clerk to publish said notice. Page 13 of 356 March 1, 2021 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2021-115. 12. Resolution approving preliminary plans, specifications, form of contract, bid documents etc., setting date of bid opening as March 18, 2021 and date of public hearing as April 5, 2021, in conjunction with the 2021-2023 Right-of-Way Mowing Contract, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-116. 13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction with (RACM) Demolition Services, Contract No. RD-2021-03-01P, located at 220 Hopkins Court, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-117. 14. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction with the FY 2021 Reconstruction Program, Contract No. 1023, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-118. 15. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction with the FY 2022 Complaint Mowing with Complaint Snow Removal Contract, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-119. 16. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction with asbestos abatement services at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street, and directing the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-120. 17. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 11, 2021, and date of public hearing as March 15, 2021, in conjunction with demolition services, Contract No. D-2021-03-6P, located at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-121. 18. Resolution approving changing the location of a city council special session meeting scheduled for March 25, 2021 at 5:30 p.m., and a city council planning session scheduled for March 29, 2021 at 5:30 p.m., to the Schoitz Room at the Waterloo Center for the Arts, and instruct City Clerk to publish said notice of change of location. Resolution adopted and upon approval by Mayor assigned No. 2021-122. 19. Resolution setting date of public hearing as March 15, 2021, to authorize the sale and conveyance of property located north of 3620 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the development of a new industrial building, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-123. b. Motion to approve the following: Page 14 of 356 March 1, 2021 Page 4 1 Travel Requests Name & Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Officer Jakoubek Writing Well for Public Ankeny, IA 3/4/2021 $185 Safety Forces b. Sgt. Missy Ludwig Iowa Association of Sioux City, IA 3/8-9/2021 $298 Women Police Conference c. Lt. Greg Fangman FBI Law Enforcement Aurora, IL 3/22-26/2021 $1,497 Executive Development Association Internal Affairs Training d. Dave Jensson, Basic Fire Investigation Camp Dodge, 4/26—5/1 & $1,405 Lieutenant Course I Johnston, IA 5/3-7/2021 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Amalgamated Local 838 C Liquor w/Outdoor Renewal 2/28/2022 UAW, 2615 Washington Service Street b. Buzz's Bar, 1016 Maynard C Liquor w/Outdoor Renewal 3/14/2022 x Avenue Service c. Crossroads Cinema, 2450 Special Class C Liquor New 3/15/2022 x Crossroads Blvd. *Ownership Update* d. Elitte Cafe Bar, 1108 C Liquor Renewal 2/7/2022 x Jefferson Street e. Fairfield Inn& Suites, 2134 B Wine/C Beer Renewal 9/30/2021 x LaPorte Road f. Knights of Pythias-Furgerson A Liquor w/Outdoor New 1/31/2022 x Lodge#5, 244 Ash Street Service *Ownership Update* g• Lane's Comer- Store, T nine C Beni New 34/2022 x Falls Avem Liquef h. Prime Mart, 3535 Marigold B Wine/C Beer/E Renewal 1/19/2022 x Drive Liquor i. Ray's Supermarket, 1975 B Wine/C Beer/E Renewal 3/2/2022 x Franklin Street Liquor j. Sam's Club#6514, 210 E. B Wine/C Beer/E New 3/1/2022 x Tower Park Drive * Liquor Ownership Update* k. Sycamore Convenience, 617- B Wine/C Beer/E Renewal 3/11/2022 x 619 Sycamore Street Liquor 1. Uni Mart, 1615 Bishop B Wine/C Beer/E Renewal 2/28/2022 x Avenue Liquor 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Robert Bamsey Leisure Services Commission March 1, 2024 Re-Appointment Jadyn Spencer Leisure Services Commission March 1, 2024 Re-Appointment Michael Hudson Memorial Hall Commission March 31, 2024 New Page 15 of 356 March 1, 2021 Page 5 4. Recommendation of appointment of Wade Ingamells, from the Civil Service List, to the position of Golf Maintenance II in the Leisure Services Department, effective March 2, 2021. 5. Motion approving Change Order No. 7 with Cardinal Construction Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. 5. Exception to Burning Yard Waste Application by Tom Herzmann, on behalf of Cedar Valley Youth Soccer Association, to burn 21 acres of native prairie on the corner of DeWitt Road and W. Ridgeway Avenue, March 20 - May 10, 2021. 7. Exception to Burning Yard Waste Application by Sharon Stiles to burn up to 18.81 acres of native prairie on their farmland located at 4335 Logan Avenue during the month of April 2021, weather permitting. Roll call vote-Ayes: Seven. Motion carried. 159585 - Morrissey/Grieder Resolution setting date of public hearing as March 15, 2021, to approve a request by DGOGWaterlooia11042020, LLC,to rezone a 3.46 acre property located northeast of 2600 E. Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District with conditions, to construct a new Dollar General Store, and instruct the City Clerk to publish said notice. Roll call vote- Ayes: Seven. Motion carried. Mr. Morrissey requested clarification of the project. Noel Anderson,Community Planning and Development Director,provided clarification and explained additional information would be available at the time of the public hearing. Resolution adopted and upon approval by Mayor assigned No. 2021-124. 159586 - Morrissey/Feuss 1.b.2.g Approved Beer, Liquor, and Wine Applications Name &Address of Class New or Expiration Includes Business Renewal Date Sunda Lane's Corner Store B Wine/C Beer/E New 3/1/2022 x 2027 Falls Avenue Liquor Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey explained that he has been in contact with several members of the community who are concerned about what type of store this may eventually become. He commented that the proprietor has passed the vetting process, and that he will be voting to approve this item. He stated that he wants any concerned citizens to understand that there is the possibility of establishing an overlay district in the future, which would impose certain eligibility restrictions and requirements. Dalane Morehead, Lane's Corner Store,provided an overview of his plans for the store. Mayor Hart and the city council discussed the necessity of an overlay district. PUBLIC HEARINGS 159587 - Morrissey/Feuss that proof of publication of notice of public hearing on a request by the City of Waterloo to rezone approximately 17.50 acres from"A-1"Agricultural District and"M-1" Light Industrial District to "C-P"Planned Commercial District and"B-P"Business Park District located at 700 Falls Avenue, as published in the Waterloo Courier on February 19, 2021,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 16 of 356 March 1, 2021 Page 6 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159588 - Morrissey/Feuss that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159589 - Morrissey/Feuss that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to "C- P" Planned Commercial District and `B-P" Business Park District, located at 700 Falls Avenue", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, provided an update of the rezoning project. Mr. Grieder questioned if there is currently a firm plan for moving forward on this property or if this action is to add to our portfolio. Noel Anderson explained that action was initially set up to add to the portfolio, but there has been recent interest however, there is still work to be done prior to any development. 159590 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: One. Nays: (Boesen, Amos, Morrissey, Klein, Grieder, and Juon). Motion failed. Noel Anderson commented that there was one opposition on redeveloping the Greenfield site and that that timing is not an issue. 159591 - Amos/Grieder that proof of publication of notice of public hearing on Adoption of the University Avenue Area Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on February 18, 2021,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159592 - Amos/Grieder that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159593 - Amos/Grieder that "Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Klein and Boesen). Motion carried. Noel Anderson provided an overview of the item. Mr. Grieder questioned the TIF district timeline. Page 17 of 356 March 1, 2021 Page 7 Noel Anderson commented that there is possibility of an early release as they are seeing added interest in the corridor due to completing the project. Mrs. Juon commented that she received a call from a resident who was concerned that an urban renewal had no timeline or sunset. Noel Anderson explained that under the current code,the blighted urban renewal TIF's have no sunset, but the economic development TIF's under urban renewal would still have the 20-year time frame. Mr. Morrissey questioned if there are plans down the road to merge this with other TIF districts as was done with Logan Avenue and Midport TIF's. Noel Anderson commented that there are no plans at this time to merge this TIF with others. Mr. Boesen commented that he is not in favor of this because he believes the TIF district is too broad, and then described its boundaries. Currently the city has a large amount of TIFs and several are underperforming. He stated he would not have a problem revisiting this in the future but is not in favor at the moment. Mrs. Klein commented that she believes the city over TIFs currently and explained why. Mayor Hart questioned when creating a TIF district is beneficial to the city and why the decision was made to include these areas. Noel Anderson commented that currently the city has several large vacant commercial buildings. When working in an older corridor, there are larger costs for demolition, etc. The TIF gives investors additional dollars through rebates to incentivize and spur future development. Mrs. Klein commented that the city is just finishing University Avenue and it looks beautiful. The council was told that when construction concluded businesses would be flocking to the area. She said that the city should give the taxpayers a break and not TIF this area. Mr. Morrissey commented that TIF has become a huge fact of life in Iowa and that not utilizing it would put us at a disadvantage. Noel Anderson confirmed that TIF gives the city a competitive edge. Mr. Morrissey questioned the consequences to development if the city does not pursue this TIF District. Noel Anderson explained the potential impacts, including potentially halting four projects. Mrs. Klein commented that she does not understand why the proposed district is so incredibly large and that the TIF should only encompass University Avenue. Mayor Hart clarified that in this district there is an existing amount of taxable value in the district. Any new dollars stay within the area and go toward debt service. Mr. Boesen expressed his concerns that the city is looking at the largest capital improvement program that he can remember and it eventually all needs to be paid back. He is worried the city is getting too far ahead of itself and he will not be supporting this. Resolution adopted and upon approval by Mayor assigned No. 2021-125. 159594 - Amos/Grieder that"an ordinance providing that general property taxes levied and collected each year on all property located within the newly described University Avenue Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo,County of Black Hawk, State of Iowa,by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, Cedar Falls School District and other taxing districts,be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by Page 18 of 356 March 1, 2021 Page 8 said City in connection with said Urban Renewal Project",be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 159595 - Amos/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nay: One (Klein). Motion carried. 159596 - Amos/Grieder that"an ordinance providing that general property taxes levied and collected each year on all property located within the newly described University Avenue Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo,County of Black Hawk, State of Iowa,by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk,Waterloo Community School District, Cedar Falls School District and other taxing districts,be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Nays: One (Klein) Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5588. 159597 - Juon/Amos that proof of publication of notice of public hearing on FYE 2022 Budget Maximum Property Tax Levy, as published in the Waterloo Courier on February 19, 2021,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Kelley Felchle, City Clerk, read comments received via email from Dave Dreyer and Dr. Sherry Gable,both are opposed to raising taxes. Forest Dillavou, 1725 Huntington Road, commented that he is opposed to a tax increase at this time. He explained that he has an account where he deposits his social security and pension and learned this week that it is no longer enough to cover his expenses and he will now have to find additional income. Every time the city buys property and gives it away, and takes away a tax base likes what is happening in the TIF areas it starves out the citizens. Michelle Weidner, Chief Financial Officer, provided an overview of the item and explained that council will need to approve this item with five affirmative votes. 159598 - Juon/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159599 - Juon/Amos that "Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section 384.15A in the amount of$38,259,216, an increase in total collections of$2,912,595, or 8.24%, for the budget year ending June 30, 2022", be adopted. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Grieder commented that he would like to see information what would happen to city services if we kept the tax rate the same. Michelle Weidner, Chief Financial Officer, commented that the city would have to cut approximately 4 million dollars. Mr. Grieder questioned if we cut 4 million from the budget if there would be any way to protect front line emergency personnel. Page 19 of 356 March 1, 2021 Page 9 Michelle Weidner provided an example of what a budget cut that size could look like. She said the taxes for the Culture & Recreation areas are less than $7 million and that all of that would have to be eliminated and only have public safety. Mr. Amos commented that cuts would have to come from both police and fire services. Mayor Hart commented that it is a rough year across the board both at the city and for people in our community. He assured council that the final levy rate would not come in at this level. Mr. Morrissey questioned how the CFO came up with the amount of$38,259,216 and what happens if this resolution does not pass. Michelle Weidner explained how the levy rate was determined. Currently staff are working on ways to reduce that dollar amount. If this does not pass tonight, the council has to hold a special session to pass set the maximum levy rate. If the council does not do this, we have to accept last year's Tax Asking, which would be devastating. Resolution adopted and upon approval by Mayor assigned No. 2021-126. 159600 - Juon/Grieder Resolution setting date of public hearing as March 25, 2021 to approve the FYE 2022 budget, and instruct the City Clerk to publish said notice. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Morrissey questioned how many budget meetings are planned with the council between now and March 25. Mayor Hart commented that March 15th would be the next meeting. Michelle Weidner commented that it would be up to council. Mr. Morrissey questioned if the council would hear proposals from all the departments. Michelle Weidner commented that they are planning to post all of the departmental information on the city website. Mr. Morrissey questioned if that would be before the first meeting. Mayor Hart commented that they are hoping to have all of the information together on Monday and that there is another council meeting on the 15th, and a budget hearing on the 25th. He clarified that the city will not be doing 25 different presentations this year and that departments will upload their power point presentations for reviewing. He questioned how council wants him to proceed. Resolution adopted and upon approval by Mayor assigned No. 2021-127. 159601 - Morrissey/Feuss that proof of publication of notice of public hearing on sale and conveyance of property generally located near 1010 Fletcher Avenue, to LG Companies, LLC, in the amount of$5,000, and approval of a development agreement with $25,000 in infill incentives, in conjunction with the development of two new twin homes, as published in the Waterloo Courier on February 19, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Kyle Larson, LG Companies, LLC, 4104 Wedgewood Drive, Cedar Falls, provided a brief overview of the item. 159602 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 20 of 356 March 1, 2021 Page 10 159603 - Morrissey/Feuss that "Resolution authorizing the sale and conveyance of a portion of city-owned property to LG Companies, LLC, in the amount of $5,000, generally located near 1010 Fletcher Avenue, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Klein and Boesen). Motion carried. Mr. Boesen questioned whether the concerns of people in the twin homes using Byrnes Park Pro Shop parking had been addressed. He also stated that he is not in favor of refunding the purchase price of the land. Noel Anderson commented that it is 40 feet of land that is being used as excess parking during the Waterloo Open and explained that without the city's 40 feet of property,the developer would not have enough land to build the two new twin homes that they have proposed. He provided a brief overview of the parking design, which would address parking concerns. Mayor Hart questioned how tenants would be encouraged not to use golf course spaces. Kyle Larson explained that the plan is to create a courtyard effect on the ground floor by using arborvitaes and conifers to create a boundary along the west property line. Mr. Amos questioned the estimated tax dollars the city will receive. Noel Anderson commented that currently the property at 1010 Fletcher has an assessed value of $76,400. They have looked at a couple of other twin homes built in 2019, and they are anticipating the new taxable value would be closer to $630,000 or an increase of$12,000 per year in taxes. Mrs. Klein commented that the only thing that bothers her is that the city is giving away too much. Resolution adopted and upon approval by Mayor assigned No. 2021-128. 159604 - Morrissey/Grieder that"Resolution approving a Development Agreement with LG Companies, LLC, for the construction of two new twin homes, with $25,000 in infill incentives, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Klein and Boesen). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-129. 159605 - Morrissey/Feuss that proof of publication of notice of public hearing on sale and conveyance of city-owned property located west of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of$200, and approval of a development agreement including approximately$20,000 in improvements to the abutting house, as published in the Waterloo Courier on February 19, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159606 - Morrissey/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159607 - Morrissey/Feuss that"Resolution authorizing the sale and conveyance of a portion of city-owned property located west of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of$200, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Nays: One (Boesen). Motion carried. Page 21 of 356 March 1, 2021 Page 11 Mr. Boesen commented that he is apprehensive about entering into a development agreement to pull permits by specific dates and make improvements on a home that is still part of an estate and not yet owned by the developer. Noel Anderson explained that these concerns were shared with the developer who said the family was eager to move forward and they felt they could meet the terms of the agreement. Mayor Hart questioned if the city is currently maintaining the lot. Noel Anderson confirmed. Mr.Amos questioned if the development agreement would become null and void if the developer does not take ownership of the property. Noel Anderson explained that the development agreement was set up with diversionary language so if the developer was not able to meet the terms of the agreement as stated, the property would revert back to the city of Waterloo. Mayor Hart questioned if the developer could pay whatever it costs. Noel Anderson commented that the sale price is $200 based on the improvements they are planning to make. They would be paying the $200 upfront to gain the deed. Mayor Hart questioned the cost of the property. Noel Anderson confirmed the sales price is $200 and provided details of the pricing based on the Sale of Property Policy. Mrs. Klein questioned if permits could be issued without ownership. Noel Anderson commented that a contractor can take out permits. Mrs. Klein questioned if the developers can touch the house, without ownership. Martin Petersen, City Attorney, commented that the estate has applied for court approval to consummate the sale of the house. The development agreement could be drafted with contingencies where it would revert to the city as Mr. Anderson has indicated. Mr. Boesen explained that he supports the development of this property,but is concerned that moving forward before ownership will make it difficult for them to meet the timeline for the improvements. He suggests bringing this back to council when they have ownership then update the terms of the agreement that would provide them a full year to meet the timeline, instead of having to amend a development agreement. Mr. Morrissey questioned if this home is part of the Triangle area. Noel Anderson commented that this is abutting the triangle area, built in 1909. Resolution adopted and upon approval by Mayor assigned No. 2021-130. 159608 - Morrissey/Amos that "Resolution approving a Development Agreement with Elisa Walker and Bre'onna Walker, for approximately $20,000 for improvements to the abutting house, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll-call vote-Ayes: Six. Nays: One(Boesen). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-131. RESOLUTIONS 159609 - Klein/Amos Page 22 of 356 March 1, 2021 Page 12 that "Resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First Addition, a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south of 4245 W.4th Street,authorizing the Mayor and City Clerk to execute said documents,and rescinding Resolution No. 2020-856",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-132. 159610 - Klein/Amos that"Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a "M-2,P"Planned Industrial District to relocate three buildings on an approved site plan to another location is minor and shall be approved as a Minor Site Plan Amendment, located at 1246 Martin Road", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned what would happen if the flood plain standards cannot be met per the agreement. Noel Anderson, Community Planning and Development Director, provided an overview of the flood plain impacts and requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-133. 159611 - Klein/Amos that"Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within a "R-3,R-P"Planned Multiple Residence District to change the approved use of a veterinary clinic to a medical office and beauty salon is minor and shall be approved as a Minor Site Plan Amendment, located at 968 Home Plaza", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-134. 159612 - Feuss/Grieder that "Resolution approving an Encroachment Agreement with Northern Natural Gas Company, in conjunction with the FY 2021 E. Shaulis Road Trail Extension Project, Contract No. 1012, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-135. 159613 - Feuss/Grieder that "Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of$97,500, in conjunction with the Five Sullivan Brothers Convention Center Second Floor Meeting Rooms and Adjacent Lobby Renovation Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-136. 159614 - Feuss/Grieder that "Resolution approving a Professional Services Agreement with Amy Wienands Real Estate of Waterloo, Iowa, in conjunction with the sale of 225 Newell Street, in an amount not to exceed $7,752.20, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-137. 159615 - Amos/Morrissey Page 23 of 356 March 1, 2021 Page 13 that"Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, in the amount of$297,900, in conjunction with the 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant,and authorizing the Mayor to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-13 8. 159616 - Amos/Morrissey that"Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed February 1, 2016, in an amount not to exceed $25,000, in conjunction with the FY 2016 Satellite Raw Wastewater Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-139. 159617 - Amos/Morrissey that"Resolution approving Supplemental Agreement No. 4 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed$12,000 in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned why the project is taking so long to complete. Jamie Knutson, City Engineer, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-140. 159618 - Feuss/Grieder that "Resolution approving Supplemental Agreement No. 5 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed August 18, 2014, in an amount not to exceed$75,000, in conjunction with the Dry Run Creek Interceptor Project, Contract No. 877, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-141. 159619 - Feuss/Grieder that"Resolution approving request to piggyback on the State of Iowa bid for the purchase of a one (1) 2021 Chevrolet Tahoe from Karl Chevrolet of Des Moines, Iowa,in the amount of$36,455.50, for the Police Crime Lab", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned where the funding for this item is coming from. Randy Bennett, Public Works Division Manager, commented that existing bond funds would be used. Resolution adopted and upon approval by Mayor assigned No. 2021-142. 159620 - Feuss/Grieder that "Resolution approving request to piggyback from the current open bid originally awarded by council on April 8, 2019, for the purchase of three (3) 2021 (or newer) 119 Explorer Police AWD, 4 Dr. SUVs, from Stivers Ford of Waukee, Iowa,in the amount of$35,088 each, for a total of$105,264, for the Police Department",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-143. Page 24 of 356 March 1, 2021 Page 14 ORDINANCES 159621 - Morrissey/Grieder that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4,to approve a request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of six (6) residential lots for single family homes, on a site previously approved for two (2) duplexes, an increase in the number of approved residential units from four (4) to six (6), located southeast of 2950 Southland Drive",be received,placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried. Michael Meaney, 1909 Caras Road, Fischels Real Estate,provided an overview of the item. 159622 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 159623 - Morrissey/Grieder that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4,to approve a request by L and BB, LLC, for a Site Plan Amendment to the "R-3,R-P" Planned Multiple Residence District to allow for the development of six (6) residential lots for single family homes, on a site previously approved for two (2) duplexes, an increase in the number of approved residential units from four (4) to six (6), located southeast of 2950 Southland Drive",be considered and passed for the third time and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5589. 159624 - Juon/Grieder that the council adjourn to Executive Session at 7:46 p.m. Roll call vote-Ayes: Seven. Motion carried. City Attorney Martin Petersen stated that the discussion of collective bargaining, pursuant to § 20.16 is an approved topic of Executive Session. EXECUTIVE SESSION 159625 - Feuss/Morrissey that the council adjourn Executive Session at 9:20 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 159626 - Feuss/Morrissey that the Council adjourn at 9:21 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 25 of 356 CITY OF WATERLOO Council Communication Proclamation declaring March 23, 2021 as National Ag Day. City Council Meeting: 3/15/2021 Prepared: ATTACHMENTS: Description Type ❑ National Ag Day Backup Material Submitted by: Submitted By: Page 26 of 356 C n_ 11 _ OF' _. _ VrERL0%, IOWA PROCLAMATION WhERS, on National Ag Day, we recognize the farmers and ranchers who work hard to provide food, fuel, and fiber for all of us; and over the past year, we've faced unprecedented challenges that required unprecedented solutions. Through it all, the Iowa agriculture community has shown its resilience and willingness to help those in need; and each individual American farmer feeds more than 165 people, providing safe, abundant and affordable products we use and wear on a daily basis; and hEREM, agriculture brings $2,988.1 million total value-add industry in Black Hawk County, Iowa, with $7,304.7 million in sales and $1,466.0 million in wages; and AERE s9 approximately 1 in every 5 jobs across Iowa are agriculture related with a total of 3 99,63 1 jobs, representing almost 20% of Iowa's total jobs; and Waterloo, Iowa's economy and history as the Factory City is building ���*,. agricultural based manufacturing and food processing; and hEREAS, in recognition and celebration of the abundance provided by agriculture, we join with producers, agricultural associations, corporations, universities, government agencies, United States Secretary of Agriculture Tom Vilsack, and Iowa Secretary of Agriculture Mike Naig, and countless others across America to recognize the contributions of agriculture; NOW, THEWORE'ORE I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim March 23, 2021 as NATIONAL, AG DAY IN WITNESS IVHFJM0F, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 15th day of March 2021. ATTEST: 1 1 Kelley Felchle Quentin Hart City Clerk Mayor Page 27 of 356 CITY OF WATERLOO Council Communication Proclamation honoring the Iowa Food Bank Association. City Council Meeting: 3/15/2021 Prepared: ATTACHMENTS: Description Type ❑ Iowa Food Bank Association Backup Material Submitted by: Submitted By: Page 28 of 356 CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, the Secretary's Ag Leader Awards are given to people and organizations who make exceptional contributions to the state's food and agriculture community;and WHERE s, the award is being bestowed upon the Iowa Food Bank Association and its six regional partners because of their extraordinary efforts to help feed Iowans in need during the COVID-19 pandemic;and WHERE'lis, the Iowa Food Bank Association played a vital role in the state's food security initiatives, including Pass the Pork, Beef Up Iowa, Pack and Pantry and Turkey to Table; and WHEREMo we recognize that the Iowa Food Bank Association has distributed 50 million meals, which is a 30% increase and that the Northeast Iowa Food Bank has distributed 11.8 million meals, an increase of 20%. NOW, THEREFORE BE IT RESOLAD I Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby join Iowa Secretary of Agriculture and Land Management in honoring the Iowa Food Bank Association for their contributions to feeding Iowan, including those residing here in Waterloo during the COVID- 19 pandemic. IN TAUTNESS I&MOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 15th day of March 2021. ATTEST: ; 7 r , Kelley Felchle Quentin Hart City Clerk Mayor Page 29 o 3 CITY OF WATERLOO Council Communication Swearing in of(3)new Police Officers, Jacob Bolstad,Anthony Frenz and Mitchell McGee. City Council Meeting: 3/15/2021 Prepared:2/25/2021 SUBJECT: Swearing in of(3)new Police Officers, Jacob Bolstad,Anthony Frenz and Mitchell McGee. Submitted by: Submitted By: Dave Mohlis, Police Captain Page 30 of 356 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Lori Petersen, in conjunction with the Waterloo Public Library Summer Library Program Puppet Show to be held at Lincoln Park on Thursday, July 22, 2021 at 10:30 a.m. City Council Meeting: 3/15/2021 Prepared: 3/2/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request Backup Material Resolution approving Variance to Noise Ordinance request from Lori SUBJECT: Petersen, in conjunction with the Waterloo Public Library Summer Library Program Puppet Show to be held at Lincoln Park on Thursday, July 22, 2021 at 10:30 a.m. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 31 of 356 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Lori Petersen APPLICANT'S ADDRESS: 415 Commercial Street APPLICANT'S PHONE #: 319-427-3286 ANTICIPATED DATE OF VARIANCE: Thursday, July 22, 2021 @ 10:30 am NAME OF EVENT: Waterloo Public Library Summer Library Program Puppet Show TIMES OF DAY OF VARIANCE: 10:30 am GEOGRAPHICAL LOCATION OF VARIANCE: Lincoln Park DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Approximately 450 feet. PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. The Waterloo Public Library will be celebrating the end of the summer library program with a puppet show in Lincoln Park. We will have 3 staff members as puppeteers and they will be using a portable karaoke machine with a range of 33 feet for sound so that our patrons can more easily hear and enjoy the show. We are not expecting more than 100 people. Applicants Signature 2-23-21 Date CITY COUNCIL ACTION: Police Dept. Recommendation r r' , c APPROVAL: APPROVAL: DENIAL: - DENIAL: DECIBEL LEVEL: efla-ge 32 of 356 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Brandon Simon, in conjunction with the 5th annual Urban Cross Grand Prix event to be held on May 15, 2021 from 11:00 a.m. to 5:00 p.m., at National Cattle Congress Fairgrounds. City Council Meeting: 3/15/2021 Prepared:2/25/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request Backup Material Resolution approving Variance to Noise Ordinance request from Brandon SUBJECT: Simon, in conjunction with the 5th annual Urban Cross Grand Prix event to be held on May 15, 2021 from 11:00 a.m. to 5:00 p.m., at National Cattle Congress Fairgrounds. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 33 of 356 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Brandon Simon APPLICANT'S ADDRESS: 5711 Daisy Dr. APPLICANT'S PHONE.#: 319-404-7589 ANTICIPATED DATE OF VARIANCE: 5115121 NAME OF EVENT: UrbanCross Grand Prix TIMES OF DAY OF VARIANCE: 11am-5prn GEOGRAPHICAL LOCATION OF VARIANCE. National Cattle Congress Fairgrounds DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 3/8mi to homes located on the south side of HWY 218, .5m.i+to homes near proposed course addition PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING,PA SYSTEM, ETC. This will be our 5th annual Urbancross event. A hybrid motocross / off-road motorcycle event located at the National Cattle Congress Fairgrounds in Waterloo using existing race comae with proposed addition on NCC Property north of Cedar River dike. Motorcycle (with mandatory exhaust muffler systems) may exceed the noise ordinance. 7 Applicant's Signature Date CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: APPROVAL: `f; DENIAL: DENIAL: _ _ DECIBEL LEVEL: Page 34 of 356 CITY OF WATERLOO Council Communication Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of $300 from Metro 66 No.1, 3201 West Fourth Street, Waterloo, Iowa, for sale of tobacco to minor violation- first offense, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/15/2021 Prepared:2/23/2021 ATTACHMENTS: Description Type Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of$300 from Metro 66 No.1, 3201 SUBJECT: West Fourth Street, Waterloo, Iowa, for sale of tobacco to minor violation- first offense, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Martin M. Petersen. City Attorney Recommended Action: Approve Acknowledgment/Settlement Agreement for violation and accept the $300.00 payment. Page 35 of 356 CITY OF WATERLOO Council Communication Resolution approving the grant application for Waterloo Housing Trust Funds in the amount of$40,000 to be utilized to supplement Community Development's Emergency Repair Program specifically when eligible applicants are unable to financially cover repair costs that exceed the cap of$4,000. City Council Meeting: 3/15/2021 Prepared:2/24/2021 ATTACHMENTS: Description Type ❑ Grant Application Backup Material Resolution approving submission of a grant application for Waterloo Housing Trust Funds in the amount of$40.000, to supplement Community SUBJECT: Development's Emergency Repair Program, specifically when eligible applicants are unable to financially cover repair costs that exceed the cap of 4 000. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: Approve grant application The Waterloo Housing Trust Fund Board of Directors are accepting Summary Statement: applications for the 8th round of funding. All projects will be conducted in the City of Waterloo. Page 36 of 356 _IIAL WATERLOO HOUSING TRUST FUND / 2021 -2022 APPLICATION Activity 2 - Owner Occupied Rehabilitation PART I- PROJECT OVERVIEW Organization Name: City of Waterloo Community Development Board Contact Person: Anita Rousselow Street Address: 620 Mulberry Street City,State,Zip: Waterloo, Iowa 50703 Phone: 319-291-4429 Email:anita.merfeld@waterloo-ia.org Project Name: Owner- Occupied Emergency Repair Assistance Program Tax ID# 42-6005327 Agency Type: a Government Nonprofit Other: Please identify the amount of funds you are seeking for the program(s) for which you are seeking funds. ACTIVITY Amount Requested Activity 2 - Owner Occupied Rehabilitation and/or Repair $ 40,000.00 1. Provide a brief description of the project for which you are applying for funds. We are applying for Activity 2-Owner Occupied Emergency Repair program. We are applying for$40,000 in Waterloo Housing Trust Funds (WHTF) to be used to help supplement our existing emergency repair program for owner-occupied housing. The need for these funds is to help assist low and moderate income families/persons with an emergency repair where the dollar amount has exceeded the usual costs of emergency repairs, with an assistance level using WHTF not to exceed $4,000 per property. Repairs for homes have continually increased in price over the last few years. The cost of supplies for repairs or replacements such as roofs, furnaces, water heaters, water supply lines and other necessary items that a home needs can place a financial burden on homeowners and their families. Projects and cost of materials in the past year, especially with the COVID-19 pandemic, have continued to sky rocket. The average cost per emergency repair is $5,572. Community Development has already funded 22 projects this year and we are poised to help even more families this year. The funds from Waterloo Housing Trust Fund will help alleviate the financial strain that is placed on low and moderate income families who reside in the Waterloo area. Page 37 of 356 2. Explain your agency's administrative capacity to complete the activity. How will you monitor and track expenditures? The Waterloo Community Development Board has been providing Emergency Repair assistance services for over 40 years. We annually budget for this specific activity. We have the capacity for application intake and the review of qualification of clients with our existing administrative staff and we also have three Rehabilitation Specialists for the overview of the project construction. Combined we have over 25 years of experience in the administration of housing rehabilitation and emergency repairs. All work will be monitored by the Specialist who is assigned to the case and a final inspection will be completed by the Specialist and/or building official. A passing final inspection will signal the completion of the project. Final inspection, lien waivers, contractor's bills and any other necessary documents will be required prior to final payment to the contractor. Final payments will be made only after authorization by the Community Development office. 3. What are your proposed outcomes for this project? How many households/ units will be assisted? $40,000 of additional funding would help with 10 additional units. Our goal is to assist approximately 25-30 households per year with emergency repair funding. During the last fiscal year, June 30, 2019 to July 1, 2020 Community Development assisted 22 properties with emergency repairs. Many programs were affected by the pandemic. The emergency repair program was slowed or delayed due to households being under quarantine, contractors and workers being quarantined and lengthy material delays. During the current fiscal year and as of February 20th Community Development has already assisted 22 properties. With additional funding, Community Development will be able to focus on the applicants on the waiting list and assist far more properties than in the past fiscal year. 4. How will you obtain applicants? Community Development accepts new applicants that call in to sign up for our long-established Emergency Repair Program. In addition, Community Development accepts referrals from other local housing agencies including Operation Threshold and Northeast Area Agency on Aging for emergency repair assistance. At this time, Waterloo Community Development has aproximately 59 applicants on the waiting list. 47 of the households that are on the waiting list are waiting on roof repairs or replacements. With the average emergency repair averaging $5,572; Waterloo Community Development will need aproximately $329,000 to address all the households in need of emergency repairs. Due to the lack of funding available at this time, Waterloo Community Development has only been able to serve indivduals with the greatest disparities such as furnaces and water service interruptions. 5. If full funding is not awarded from WHTF, how will this project be completed? If full funding is not received, Community Development will rely on (CDBG) Community Development Block Grant funding to assist households. Less funding would result in smaller number of households to be assisted. 1. Emergency Repairs Assistance ( other than roofing) which could consist of repairs or replacements of furnaces, water heaters, or water issues in which emergency assistance would not exceed $4,000. If the repair does exceed that $4,000 assistance level; then we could use WHTF dollars to cover the additional expenses of the repair. For instance, a repair is $6,025; Community Development would use $4,000 of CDBG funds and $2,025 of WHTF dollars to cover the repair. 2.Emergency Roofing Repair Assistance which would consist of repairs or replacement of a single family home roof. WHTF money may be used towards the repair or replacement of the roof but would not exceed $4,000. For instance,a roof replacement is $8,500; Community Devemopment would use $4,500 of CDBG funds and WHTF in the amount of$4,000 to cover the replacement. 6. What is your timeline for this project? List project tasks or milestones. Community Development will incur expenses and draw the funds from Waterloo Housing Trust Fund beginning May 1,2021 thru June 30, 2022. 7. Provide a brief explanation of the income verification process that the organization will utilize to ensure that the homeowners being funded meet the income eligibility guidelines. mmunity Development staff will review applications and collect source documentation to verify that gross household income is less than 80% of the area median income based upon household size. Staff uses the HUD Part 5 method of income verification according to the established procedure at Community Development. 8. Provide a brief explanation of the process the organization will utilize to ensure that the homeowner's repair need exists, the repair has been completed and all parties are satisfied with the result. When an applicant is ready for Emergency Repair Assistance, the repair request is assigned to one of our Rehabilitation Specialists. The Specialist then contacts the owner to set up a site inspection to determine if the request meets our criteria for an Emergency Repair. If the request meets the criteria as an emergency, it is then determined if the household is income eligible. The Rehabilitation Specialist prepares a bid specification. Bids are solicited, reviewed and then is awarded. As work is done, it is inspected by the Rehabilitation Specialists and the Building Inspection Department. Once all repairs have been completed and a Building Department final inspection passes, we then reimburse the contractor. Page 39 of 356 9. Will the homeowner be expected to contribute to the cost of the improvements? If yes, describe how that process will work. If an emergency repair other than a roof exceeded the maximum amount of available funding the homeowner would be responsible for the difference. In the case of a roof replacement, there is a $10,000 grant maximum. If a roof replacement exceeded the allowable assistance level, the homeowner would be responsible. Allocations of funds to a homeowner will be in the form of a grant, loan or combination of both. A grant and /or loan under the Emergency Repair Assistance Program will be determined by the cost of the repair and by the applicant's adjusted income level for the houshold size when compared to the area median income. (AMI) 10. Will the dollars invested in a home be secured by the use of a recordable document, such as a lien against the home? If yes, how will this be accomplished? As this is an Emergency Repair Program and the amount of federal funding involved is less than $4,000, we do not secure any of our dollars invested in a property by a recorded document such as a mortgage or a lien against the property. Emergency repairs consisting of roof replacement do require a five- year forgivable mortgage. In addition, if the owner's income is over 51% of the median income, then our assistance is in the form of a grant/low interest loan and that loan is secured by a mortgage and promissory note. 11. How will contractors be selected? How will the organization ensure that any sub-contractors that are utilized have been paid for the work they completed? Contractors are solicited to bid on a project from our list of qualified, licensed and bonded/insured contractors. Common practice is to solicit 3 bids per project from qualified contractors. However, depending upon the type of emergency, we can solicit bids from only one contractor with the approval of the Director of Community Development or designee. In cases where other contractors are involved in a project as subcontractors, we will request lien waivers from any subcontractors. The general contractor is required to sign a lien waiver/ anti-kickback statement before final payments are made to the General Contractor. All work must be performed by a contractor approved by the Community Development Board and possess all necessary and current professional licenses that may be required. Furthermore, a contractor must be in good standings with the Waterloo Community Development Board and Waterloo Building Inspections Department and must carry all insurance and/or bonding as required by the Waterloo Building Department. A contractor must also have demonstrated capacity to complete work in a timely and professional manner. age 40 of 356 12. Use the space below to explain anything else you would like WHTF Board to know about your project. Page 41 of 356 Part II - PROGRAM BUDGET Complete the Program Budget below. You may add supplemental information or a separate project budget, if you feel it will help clarify your costs or proposal. AMOUNT AMOUNT FROM DESCRIPTION REQUESTED FROM OTHER SOURCES TOTAL WHTF Emergency Repair Assistance $ 40,000.00 $ 80,000.00 $ 120,000.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTALS $ 40,000.00 $ 80,000.00 $ 120,000.00 Part III - ATTACHMENTS • Documentation of 501 c3 or other agency status • Other documents to support your application as necessary Part IV - CERTIFICATION 1 certify that all statements in this application, including all requested supplemental information are true, complete and accurate to the best of my knowledge. Anita ROUSSeIOW Digitally signed by Anita Rousselow 02/24/21 Signature: Date:2021.02.23 11:37:49-06'00' Date: Administrative Secretary Title: You may mail or scan / email your application and attachments to INRCOG@i�r �. Qf2�56 Due: NOON, Mar h 1 20 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of an EZ Liner Model TS-AL120 Truck Mounted Striping Machine from EZ LINER of Orange City, Iowa. City Council Meeting: 3/15/2021 Prepared: 3/1/2021 ATTACHMENTS: Description Type ❑ EZ Liner Price Sheet Backup Material Resolution authorizing an exception to the City of Waterloo's Purchasing SUBJECT: Procedures Policy, to approve the purchase of an EZ Liner Model T S- AL120 Truck Mounted Striping Machine from EZ LINER of Orange City, Iowa. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve resolution This is an excellent opportunity to purchase a State-of-the-Art Paint Machine Summary Statement: to replace the older version needing costly repairs and upgrades. This will be bid thru Sourcewell and includes one-day of training at no additional charge at the factory when the unit is picked up. Expenditure Required: $164,408.00 Source of Funds: GO Bond Funding 418-17-7120-2117 and 419-17-7120-2117 Policy Issue: Strategy 2,2: Enlist all City Department and staff members in efforts to promote a safer community. Page 43 of 356 .. PF PA ' DIVISION OF February 26, 2021 City of Waterloo-(Sourcewell Member ID#2491) 625 Glenwood Street Waterloo, IA 50703 Re: Sourcewell Contract No. 052417-EZL Purchase of EZ Liner Model TS-ALI20 Truck Mounted Striping Machine-Price Sheet Item Description List Price 18H TV-AL 110 Isuzu NPR-HD FE2 Gas Chassis w/Paint Striping Body $147,400.00 18C-04-01 Add'I Paint&Bead Line with Graco guns 3,580.00 18C-04-04 120 Gallon SS Tank w/Agitators 5,710.00 18C-07-05 Camera Guidance System 10,080.00 Subtotal $166,770.00 3%Discount ($5,004.00) Net Amount Published Pricing $161,766.00 Sourced Goods - Whelen Traffic Advisor Model TAC850 $1,642.00 Additional expenses as a result of changes: Customizing electrical system to include chassis cab switch box; Change placard for chassis cab switch box for camera system; Modifying paint&bead plumbing assemblies Engineering Fee for Changes 111,000.00 Total for Sourced Goods $2642_00 TOTAL AMOUNT F.O.B.Orange City,IA..........................................$164,408.00* *NOTE: One-day of training to be provide at no additional charge at the factory,when unit is picked up. OPTIONS Delivery to Waterloo, IA$1,300.00. Two-days of training at Waterloo, IA$3,800.00. A build-slot for May 17,2021 is being held for this project. To continue to hold this built-slot a purchase order needs to be received by March 22,2021. Respectfully submitted, � j Z�Li�1V.�ER���,'Nlorm SclioIten Truck Project Design&Bid Manager I EZ Liner . PO Box 140 - Orange City,IA 51041 P:(712) 737-4015 - TF:(900)373-4016 - edner.com CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of a 2019 Ford Econoline VIPW Van, with a Lift Gate for the Street Department, in the amount of $37,120, from Enterprise Truck Rental of Davenport, Iowa. City Council Meeting: 3/15/2021 Prepared: 3/2/2021 Resolution authorizing an exception to the City of Waterloo's Purchasing SUBJECT: Procedures Policy, to approve the purchase of a 2019 Ford Econoline VIPW Van, with a Lift Gate for the Street Department, in the amount of $37,120, from Enterprise Truck Rental of Davenport. Iowa. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Resolution Summary Statement: This utility vehicle will be used by the concrete crew housing all tools, equipment and materials for concrete work. Expenditure Required: $37,120.00 Source of Funds: GO Bond Funding Strategy 3.4 and 3.5: Identify and implement cost and resource saving Policy Issue: measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 45 of 356 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as April 8, 2021 and date of public hearing as April 19, 2021, in conjunction with the FY 2021 Waste Water Treatment Plant and Lift Stations Mowing Contract, and instruct the City Clerk to publish notice. City Council Meeting: 3/15/2021 Prepared: 3/1/2021 ATTACHMENTS: Description Type ❑ Notice to Bidders Backup Material ❑ Mowing Specs 2021 Backup Material ❑ Bid Tab Backup Material Resolution approving preliminary_plans, specifications, bid documents, etc., setting date of bid opening as April 8, 2021 and date of public hearing as SUBJECT: April 19, 2021, in conjunction with the FY 2021 Waste Water Treatment Plant and Lift Stations Mowing Contract, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Brian Bowman,Treatment Operations Supervisor Recommended Action: Approve the specifications, etc., and taking of bids, and set the date of bid opening and hearing. Source of Funds: Sewer Funds Page 46 of 356 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2021 WWTP & LIFT STATIONS MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, April 8, 2021, until 1:00 p.m. , for the 2021 WWTP & LIFT STATIONS MOWING as described in the plans and specifications now on file in the City Clerk's office, Waste Management Services. OPENING OF BIDS All proposals received for the 2021 WWTP & LIFT STATIONS MOWING will be opened in the council chambers in City Hall, Waterloo, Iowa, on Thursday,April 8, 2021, at 1:00 p.m., and the proposals will be referred to the Waste Management Services for recommendation of award. The bid opening will be livestreamed on YouTube and made available on the City website. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2021 WWTP & LIFT STATIONS MOWING at the City Council Meeting, Monday,April 19, 2021. The hearing will be held in the City Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St., Waste Management Services, 3505 Easton Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via Zoom videoconferencing. If council Chambers are closed to the public for city council meetings do to health and safety concerns from COVIC-19 the city council meeting will be held electronically via Zoom. For information on how to participate in electronic meeting, visit: https://www.cilyofwaterlooiowa.com/govemment/ciiy council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to commentskwaterloo-ia.org which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If council chambers are open to the public for city council meeting, the public may attend the meeting in person but is required to wear a mask and practice social distancing. Page 47 of 356 NOTICE TO BIDDERS Pagel of 3 SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary for mowing and weed control spraying the designated areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 20, 2021, through October 15, 2021. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waste Management Services. The bidder shall bid on a per unit price (WITH EACH "Option"treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. City of Waterloo, Iowa, Kelly Felchle, City Clerk Page 48 of 356 NOTICE TO BIDDERS Page 2 of 3 Page 49 of 356 NOTICE TO BIDDERS Page 3 of 3 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES SPECIFICATIONS for 2021 WWTP & LIFT STATIONS MOWING SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary to mow and weed control spraying from designated areas in accordance with these specifications. References in these specifications to Waste Management Services shall include the City of Waterloo. WASTEWATER TREATMENT PLANT (WWTP) The following WWTP area/area's to be mowed. The acreages listed are approximate only and shall be verified by bidder. The Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA shall be mowed three times monthly or every ten (10) days from approximately April 20, 2021 to October 15, 2021 for a maximum of 16 mowings.Approximately 45 acres shall be mowed not including buildings, tanks, roads, parking and structures. To be trimmed one (1) foot on each side of fence line to match the height and appearance of surrounding vegetation. Mow area/area's marked in Wastewater Treatment Plant Mowing Contract Drawing and on both sides of road on Easton Ave., mow at least three (3) feet on the outside of fenced area/area's where possible. There will also include two (2)weed control spraying around buildings, tanks, fencing, gravel area/area's, digester flare gravel area, electrical transformers and structures to help weed trimming and for control of weeds. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. LIFT STATIONS The following lift station area's to be mowed. The acreages listed are approximate only and shall be verified by bidder. The following lift stations shall be mowed on a bi-weekly basis from approximately April 20, 2021 to October 15, 2021 for a maximum of 12 mowing's. To be trimmed one (1) foot on each side of fence line to match the height and appearance of surrounding vegetation. Mow area/area's marked in Lift Station Mowing Contract Drawing or Photo's and mow at least three (3) feet on the outside of a fenced area. There will also include one (1)weed control spraying around buildings, tanks, fencing, gravel area's and structures to help weed trimming and for control of weeds. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. Ref. No. Address/Location Name LS-420 739 Black Hawk Rd Black Hawk- Storm Approx. 0.1 acre mowing Approx. 94 linear feet of fence line SPECIFICATIONS Page 1 of 6 Page 50 of 356 Ref. No. Address/Location Name LS-309 1220 Black Hawk Rd Garden Approx. 0.1 acre mowing No fencing LS-421 1528 Black Hawk Rd Black Hawk-Holding Pond Approx. 1.25 acre mowing No fencing LS-304 4001 Kimball Ave Tower Park Approx. 0.25 acre mowing Approx. 210 linear feet offence line Approx. 200 linear feet of guardrail LS-302 889 Belle St Cedar Terrace Approx. 0.4 acre mowing Approx. 100 linear feet of fence line LS-314 1055 Virginia St Virginia Approx. 0.06 acre mowing Approx. 100 linear feet of fence line LS-322 220 Douglas St Douglas Approx. 0.1 acre mowing No fencing LS-324 2534 W.Airline Ave Con-Agra Approx. 1.2 acre mowing Approx. 1,300 linear feet of fence line LS-316 2212 W.Airline Ave Airline Approx. 0.4 acre mowing Approx. 270 linear feet of fence line LS-312 220 Ansborough Ave Cattle Congress-Sanitary Approx. 0.07 acre mowing No fencing LS-325 2749 Independence Ave Lagoon Approx. 7.6 acre mowing Approx. 3360 linear feet of fence line SPECIFICATIONS Page 2 of 6 Page 51 of 356 The following lift stations shall be mowed on a monthly basis from approximately April 20 to October 15, 2021 for a maximum of 6 mowing's. To be trimmed one (1) foot on each side of fence line to match the height and appearance of surrounding vegetation. Mow area/area's marked in Lift Station Mowing Contract Drawing or Photo's and mow at least three (3) feet on the outside of a fenced area. There will also include one (1)weed control spraying around buildings, tanks, fencing, gravel area's and structures to help weed trimming and for control of weeds. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. Ref. No. Address/Location Name LS-301 3931 Texas St Hawkeye Approx. 0.4 acre mowing Approx. 265 linear feet of fence line LS-303 3500 E. Shaulis Rd Triangle Approx. 0.2 acre mowing Fence line in concrete LS-311 242 N. Hackett Rd N. Hackett Approx. 0.11 acre mowing No Fencing LS-305 3750 Sergeant Rd 63 South Approx. 0.1 acre mowing Approx. 80 linear feet of fence line LS-427 100 Rainbow Dr Cattle Congress-Storm Approx. 0.53 acre mowing Approx. 668 linear feet of fence line LS-318 450 W.Arlington St David Approx. 0.07 acre mowing Approx. 76 linear feet of fence line LS-403 836 Logan Ave Quincy-Storm Approx. 0.04 acre mowing Approx. 200 linear feet of fence line, Residential fence LS-404 1365 Logan Ave WCF&N-Storm Approx. 0.07 acre mowing Approx. 150 linear feet of fence line SPECIFICATIONS Page 3 of 6 Page 52 of 356 Ref. No. Address/Location Name LS-429 251 Fletcher Ave Fletcher-University-Storm Approx. 0.18 acre mowing Approx. 387 linear feet of fence line LS-431 425 Blackhawk Rd Blackhawk-Downing-Storm Approx. 0.01 acre mowing Approx. 82 linear feet of fence line LS-423 1306 Campbell Ave Hollywood-Campbell-Storm Approx. 0.18 acre mowing Approx. 355 linear feet of fence line LS-425 251 Cedar Bend St Cedar Bend-Storm Approx. 0.20 acre mowing Approx. 306 linear feet of fence line The following WWTP and Lagoon area which consist of only the Dike Sloped areas, (Option D). The acreages listed are approximate only and shall be verified by bidder. The following area at shall be mowed approximately May 18 to August 24, 2021 for a maximum of 4 mowing's.The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. EQ DIKE AREA 3505 Easton Ave., Waterloo, IA Approx. 1.5 Acre LAGOON SLOPE DIKE 2749 Independence Ave Approx. 2 Acre SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to Waste Management Services Department. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. Waste Management Services Department may add or delete mowing of areas based on growing conditions and budget constraints. GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of Waste Management Services with no additional cost to Waste Management Services Department. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians, clippings shall be bagged or mulched straight down. Ultimately, SPECIFICATIONS Page 4 of 6 Page 53 of 356 clippings may not land on any road surfaces. Also after mowing property, it shall meet city codes and excess grass removed from the property and sidewalk. If for any reason Waste Management Services Department finds that a property is still in violation, after the contractor has done the abatement, the contractor shall return to the property and make the necessary corrections without additional costs to the City. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs,poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curb and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new landscaping. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches,utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to Waste Management Services Department. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of Waste Management Services Department with no additional cost to Waste Management Services Department. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of Waste Management Services Department with no additional cost to Waste Management Services Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of mowing equipment required for this contract: Line trimmers Walk-behind mowers Commercial rotary front mowers (60"-72" deck) Bagging/mulching mowers Utility tractors with heavy-duty mowers Four wheel drive mower Hedge trimmers SPECIFICATIONS Page 5 of 6 Page 54 of 356 For larger parcels that are overgrown contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels. Equipment listed on the Bid Form will be reviewed by Waste Management Services to determine whether it is adequate for this mowing contract. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 7:00 A.M. TO 4:00 P.M. SPECIFICATIONS Page 6 of 6 Page 55 of 356 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES BID FORM for 2021 WWTP & LIFT STATIONS MOWING BIDDER: COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned,being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, Waterloo Waste Management, 3505 Easton Avenue, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed 2021 WWTP & LIFT STATIONS MOWING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all specified mowing &trimming services for three mowing monthly or every ten day mowing &two (2)weed control spraying services per contract: For Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA Price Per Occurrence Mowing: dollars ($ ) Price Per Occurrence Weed Control Spraying: dollars ($ ) BID FORM Page 1 of 5 Page 56 of 356 OPTION B: provide all specified mowing &trimming services for bi-weekly lift stations mowing & one (1)weed control spraying service per contract: LS-420 739 Black Hawk Rd Black Hawk-Storm LS-309 1220 Black Hawk Rd Garden LS-421 1528 Black Hawk Rd Black Hawk-Holding Pond LS-304 4001 Kimball Ave Tower Park LS-302 889 Belle St Cedar Terrace LS-314 1055 Virginia St Virginia LS-322 220 Douglas St Douglas LS-324 2534 W.Airline Ave Con-Agra LS-316 2212 W.Airline Ave Airline LS-312 220 Ansborough Ave Cattle Congress-Sanitary LS-325 2749 Independence Ave Lagoon Price Per Occurrence Mowing: dollars ($ ) Price Per Occurrence Weed Control Spraying: dollars ($ ) OPTION C: provide all specified mowing &trimming services for monthly lift stations mowing & one (1)weed control spraying service per contract: LS-301 3931 Texas St Hawkeye LS-303 3500 E. Shaulis Rd Triangle LS-311 242 N. Hackett Rd N. Hackett LS-305 3750 Sergeant Rd 63 South LS-427 100 Rainbow Dr Cattle Congress-Storm LS-318 450 W.Arlington St David LS-403 836 Logan Ave Quincy-Storm LS-404 1365 Logan Ave WCF&N-Storm LS-429 251 Fletcher Ave Fletcher-University-Storm LS-431 425 Blackhawk Rd Blackhawk-Downing-Storm LS-423 1306 Campbell Ave Hollywood-Campbell-Storm LS-425 251 Cedar Bend St Cedar Bend-Storm Price Per Occurrence Mowing: dollars ($ ) Price Per Occurrence Weed Control Spraying: dollars ($ ) BID FORM Page 2 of 5 Page 57 of 356 OPTION D: provide all specified dike/slope mowing for WWTP EQ Basin Dike and Lagoon Dike Four(4) times/year: LS-325 2749 Independence Ave Lagoon Dike only Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA EQ DIKE ONLY Price Per Occurrence Mowing: dollars ($ ) YEARLY CONTRACT ESTIMATED AMOUNT: OPTION A: 16 x $ _ $ #of Mowings/year Mowing Price/Occurrence Total 2 x $ _ $ # of Weed Sprayings/year Weed Spraying Price/Occurrence Total OPTION B: 12 x $ _ $ # of Mowings/year Mowing Price/Occurrence Total 1 x $ _ $ # of Weed Sprayings/year Weed Spraying Price/Occurrence Total OPTION C: 6 x $ _ $ #of Mowings/year Mowing Price/Occurrence Total 1 x $ _ $ #of Weed Sprayings/year Weed Spraying Price/Occurrence Total OPTION D: 4 x $ =$ #of Mowings/year Mowing Price/Occurrence Total Total Estimate Yearly Cost= $ Note: While yearly contract estimated amount is based upon the estimated number of times mowing and weed control sprayings, the actual payment will be based upon the actual number of occurrences of mowing and weed control spraying work was performed. BID FORM Page 3 of 5 Page 58 of 356 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty(30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten(10) days after the agreement is presented for signature, and start work within ten(10) days after"Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non-Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten(10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts BID FORM Page 4 of 5 Page 59 of 356 10. The Bidder shall list all equipment available for this project: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none" or"NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: Name and Title BID FORM Page 5 of 5 Page 60 of 356 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications and bid documents, setting date of bid opening as April 8, 2021 and date of public hearing April 19, 2021, in conjunction with the purchase of one(1)2021 mid-sized multi-passenger vehicle for the City Motor Pool, and instruct the City Clerk to publish notice. City Council Meeting: 3/15/2021 Prepared: 3/2/2021 Resolution approving preliminary specifications and bid documents, setting date of bid opening as April 8, 2021 and date of public hearing April 19, SUBJECT: 2021, in conjunction with the purchase of one(1) 2021 mid-sized multi- passenger vehicle for the City Motor Pool, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve resolution Summary Statement: The van will replace the current motor pool van. This vehicle willbe used by city employees attending training and/or out of town meetings. Expenditure Required: $35,000.00 Source of Funds: GO Bond Funding Strategy 3.4 and 3.5 - Identify and implement proven cost and resource Policy Issue: saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency to City operations and activities. Page 61 of 356 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as April 5, 2021, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of 514 Johnson Street to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and authorize the City Clerk to publish notice. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ 28E City& Hawkeye agreement Backup Material ❑ HCC Project Addendum Backup Material ❑ Map of 514 Johnson Street Backup Material Resolution setting a date of public hearing as April 5. 2021, to approve a Project Addendum to Agreement for Residential Housing Construction with SUBJECT: Hawkeye Community College, authorizing the sale and conveyance of 514 Johnson Street to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and authorize the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Set a date of Hearing The agreement is an addendum to the previously approved 28E agreement with Hawkeye Community College, and will provide for the City to convey the home at 514 Johnson Street and allow Hawkeye to demolish the current home and construct a new home on the lot. The Lot will be conveyed back to the City after construction is complete in exchange for the cost of materials actually incurred by the college. The City will then be able to sell Summary Statement: the home. The agreement benefits both the City and Hawkeye's vocational and technical training education programs. This action also approves the design and layout of the home to be constructed on the lot. None at the present time. Once the house is completed the property will be Expenditure Required: deeded back to the City of Waterloo at a to be determined cost that will be based on the actual cost of materials incurred by Hawkeye to build the homes. Source of Funds: Bonds Page 62 of 356 Policy Issue: Strategic goals 1, 3, and 4 for economic development of the area. Alternative: Not approve The City of Waterloo previously approved a 28E Agreement to partner with Hawkeye Community College to build homes, and would like to approve the project addendum to identify the fourth lot Hawkeye Community College would build homes on. Hawkeye Community College will utilize existing City owned lots to create additional housing opportunities for the City of Background Information: Waterloo, and expand the educational experience of students enrolled within their vocational& technical education programs. This is the fourth lot that Hawkeye Community College will be constructing a home on for the City as a part of this overall agreement. The first three homes were constructed along Newell Street Legal Descriptions: Lot 2, Block 13, Leavitt, Johnson and Miller Addition to Waterloo, Iowa. Page 63 of 356 CHAPTER 28E AGREEMENT- AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the day of ,2017,by and between the Hawkeye Community College (hereinafter referred to as "College") and the City of Waterloo, Iowa(hereinafter referred to as"City"): WHEREAS,College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS,City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6); and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS,City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 Page 64 of 356 1. Purpose. The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement.This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College,and the Community Planning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement(the "Project"). 4. Pro e . Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project(each lot agreed upon between the parties is herein referred to individually as the "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College.No additional monetary consideration will be required of the College. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents ("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments, if any,pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to,are specifically adapted to,or are a part of the 2 Page 65 of 356 Property,whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Platting; Survey. If a survey is required under Iowa Code Chapter 354,city or county ordinances, or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i)the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances,codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the `Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and(iii)no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on or adjacent to the Property,nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage,waste or refuse of any kind(all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College,by a duly executed and acknowledged general warranty deed,free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College, City represents and warrants to College the following: 3 Page 66 of 356 i. City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract,agreement,or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation,nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. V. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease, contract, agreement, order, or judgment affecting the Property or the operation thereof vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. X. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 Page 67 of 356 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not-to-exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended,without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work,the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6-month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent,which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition, and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 Page 68 of 356 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. 8. Transfer of Property Back to City.Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings,structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property,whether attached or detached. D. Deed. At Second Closing, College shall convey the Property to City,by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances,reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps,if any,and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 Page 69 of 356 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands,causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of. (i) a material breach of this Agreement by City, (ii) the material failure of any representation or warranty of City made in this Agreement to be true, (iii) any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of. (i) a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true,(iii)any material act or omission of College related to its obligations under this Agreement, or(iv)any physical injury occurring during,and related to,the work performed by College under Section 7 of this Agreement. 11. Assi.ng ment. Neither parry may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly,by a written agreement executed by College and City; B. By either parry,without cause,upon ninety(90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty(30) days. Failure to cure the breach within thirty(30) days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes"completion"and"payment"for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 Page 70 of 356 started, within sixty(60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices,requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail,postage prepaid.All notices shall be effective upon receipt,if notice is given by delivery in person, or on the fifth day following mailing to the other party at its respective address listed below: To College: To City: Vice President of Community Planning& Administration and Finance Development Director 1501 East Orange Road 715 Mulberry Street P.O. Box 8015 Waterloo, Iowa 50703 Waterloo, Iowa 50704 16. BindingEms. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County, Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts,each of which,when executed and delivered, shall be an original,but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 Page 71 of 356 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO By: By: Board President Mayor By: By: Board Secretary City Clerk 01387991-1\10567-257 9 Page 72 of 356 PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION This instrument is an addendum (the "Addendum")to that certain Chapter 28E Agreement- Agreement for Residential Housing Construction (the "Agreement") dated August 21, 2017, by and between City of Waterloo, Iowa("City") and Hawkeye Community College ("College"), previously recorded as Doc. No. 2018-00004311. This Addendum shall be effective when executed by both parties. WHEREAS, the parties have identified a Project site located at 514 Johnson Street, as described on Exhibit"A" attached hereto (the "Property"), and desire to set forth the terms by which they will undertake the Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Within thirty(30) days after execution of this Addendum by both parties, City will convey the Property to College by general warranty deed. 2. Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not-to-exceed budget for the Project. 3. This Addendum is subject to all terms, covenants, conditions, and restrictions set forth in the Agreement; provided, however, that to the extent of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail. Except as modified herein, the Agreement shall continue in full force and effect. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. The Agreement and this Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Project Addendum to Chapter 28E Agreement-Agreement for Residential Housing Construction by their duly authorized representatives. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO, IOWA By: By: Board President Quentin M. Hart,Mayor By: By: Board Secretary Kelley Felchle, City Clerk Dated: Dated: Page 73 of 356 EXHIBIT"A" Property Description Parcel no. 8913-26-457-002, legally described as: Lot 2, Block 13, Leavitt, Johnson and Miller Addition, City of Waterloo, Iowa. Page 74 of 356 •,-fit: _ 3 ZI J L 5- `SCO ` PLEASANT ST W I i I t _ � I gar L'L i I: e a tt • � I �; � _ k1IMLLL C1tij of Waterloo, Iowa W�E S Page 75 of 356 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as April 5, 2021, to approve a Business Property Lease with IPE1031 REV279, LLC, for the use of property located west of 1318 Martin Road, in the amount of$1,000 per year, and instruct the City Clerk to publish notice. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Signed Lease Agreement Cardinal Backup Material ❑ Map of Tract B Backup Material Resolution setting a date of public hearing as April 5, 2021, to approve a SUBJECT: Business Property Lease with IPE1031 REV279. LLC, for the use of property located west of 1318 Martin Road, in the amount of$1,000 per year. and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Set a date of Hearing IPE1031 REV279, LLC, also known as Cardinal Construction, will be utilizing the ground for a laydown area for their business that is located at Summary Statement: 1246 Martin Road. There is no expiration to the lease but there is a 90 day termination notification window that both parties have agreed to. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use Legal Descriptions: Tract"B", Brock Third Addition, City of Waterloo, Black Hawk County, Iowa, Page 76 of 356 BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of 2021, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and IPE1031 REV279, LLC ("Tenant"), whose address for the purposes of this Lease is 1246 Martin Road, Waterloo, Iowa, 50701. 1. PREMISES AND TERM. In consideration of the rents herein reserved and of the agreements and conditions herein contained, Landlord leases unto the Tenant, and Tenant hereby rents and leases from Landlord, the following described real estate, situated in Black Hawk County, Iowa, to wit: Tract"B", Brock Third Addition, City of Waterloo, Black Hawk County, Iowa, with the improvements thereon and all rights, easements, and appurtenances belonging thereto, for a term commencing upon the date hereof and continuing until and including the effective date of termination hereof, upon the condition that the Tenant pays rent therefor and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $1,000 (One-Thousand Dollars and Zero Cents per year, in advance, due and payable upon signing of this Lease and on or before the 31st of March of each year thereafter during the term hereof. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of 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. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for lawful purposes in its current condition. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as otherwise provided herein. 6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, 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. Tenant will not allow trash of any kind to accumulate on said premises, and it will remove same from the premises at its own expense. 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 the premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant shall make no structural improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary maintenance and upkeep of grounds to keep the premises well- maintained, including but not limited to clearance of brush and trees. 7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. 8. END OF TERM. Either party may terminate this Lease at any time upon ninety(90)day's advance written notice to the other party. Landlord does not intend to terminate this Lease unless it has entered into an agreement to sell the premises. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises as required by Sections 3 and 4 and shall remove all of its personal property and equipment. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 1 Page 77 of 356 9. ASSIGNMENT AND SUBLETTING. Tenant may assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord, but in any such instance shall provide written notice of such assignment or sublease to Landlord. 10. PROPERTY TAXES. The Property is currently tax exempt. Tenant shall be responsible to pay before delinquency any general property taxes that may be assessed against the Property during the Term hereof. 11. INSURANCE. (a)Tenant agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty(30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (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) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises due to increased risks or hazards resulting from Tenant's use of the premises. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) (each of the foregoing is a "Claim") 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 foregoing indemnity shall include, but is not limited to, Claims of Tenant or any third party for loss, damage or destruction of any personal property or fixtures left on the premises after termination of the tenancy. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. In the event of a destruction or damage of the leased premises so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty(60)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. 14. CONDEMNATION. N/A. 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 as set forth in Section 8. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in business activities on the premises for more than thirty(30) consecutive business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10)days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) Waiver as to any default shall not constitute a waiver of any other or subsequent default. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A. 2 Page 78 of 356 17. SIGNS. Tenant shall not place any signs on the leased 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 or other 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, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs, salvaging 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 agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. N/A. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. N/A. 21. OTHER PROVISIONS. (a) The premises is subject to a right of first refusal in favor of Tenant, pursuant to the terms of a separate agreement between the parties. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as 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 to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the parties hereto 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. 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives,successors, 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. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed and delivered by the parties. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa IPE1031 REV279, LLC By: By: Quentin Hart, Mayor Title: Chief Executive Officer Attest: Kelley Felchle, City Clerk 3 Page 79 of 356 - + �:�•::.�.. �r}l _ , .tet. �, ;w. :. 06 0 t• 4 J . ....... ..... _ t Al 4 - CITY OF WATERLOO Council Communication Resolution awarding bid to Restoration Services, Inc. in the amount of$77,500 for tuckpointing, power washing and sealing of exterior building at Waterloo Public Library, and approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/15/2021 Prepared: 3/12/2021 Resolution awarding bid to Restoration Services, Inc. in the amount of $77,500 for tuckpointing, power washing and sealing of exterior building at SUBJECT: Waterloo Public Library, and approving the contract, bond, and certificate of insurance, and authorizingthe e Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Expenditure Required: 420-22-3100-2152 ($50,000) & 418-22-8800-2152 ($27,500) Source of Funds: Bonds Page 81 of 356 CITY OF WATERLOO Council Communication Motion approving change order No. 4 with Kidder Construction, Inc., of Waterloo, Iowa, for a net decrease in the amount of$2,634.67 in conjunction with the Public Works Truck Wash Area Improvements Project, and authorizing the Mayor to execute said document. City Council Meeting: 3/15/2021 Prepared: 3/2/2021 ATTACHMENTS: Description Type ❑ change order#4 Backup Material Motion approving change order No. 4 with Kidder Construction, Inc., of SUBJECT: Waterloo, Iowa, for a net decrease in the amount of$2,634.67 in conjunction with the Public Works Truck Wash Area Improvements Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Randy Bennett, Public Works Manager Recommended Action: Approve Motion Summary Statement: Credit to the City for remaining balance of unused General Allowance. Expenditure Required: -0- Strategy 3.4 and 3.5: Identify and implement proven cost and resource Policy Issue: saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 82 of 356 � r� Document G701 - 2017 Change Crater PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION. Public Works Truck Wash Area Contract For:General Construction Change Order Number:004 Improvements for the City of Waterloo, Project No. 19-23490 Iowa. Date:July 30,2020 Date:February 24,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.JSG) Kidder Construction,Inc. 715 Mulberry Street 314 East 4th Street 6036 Foulk Road Waterloo,IA 50703 Waterloo,IA 50703 PQ Box 2242 Waterloo,1A 50704 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibi4s.Also include agreed upon adjustments attributable to executed Construction Change Directives) A. Credit to Owner for remaining balance of unused General Allowance...................................Deduct ($2,634.67) TOTAL AMOUNT OF THIS CHANGE ORDER,DEDUCT FROM CONTRACT SUM($2,634.67). The original Contract Sum was $ 302,574.OU The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 302,574.00 The Contract Sum will be decreased by this Change Order in the amount of $ 2,634.67 The new Contract Sum including this Change Order will be $ 299,939.33 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be November 30,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER, I&S Group,Inc.(ISG) Kidder Construction Inc. City of Waterloo ARCHITECT(Firm name) CONT�5CTOR(Fire:name) OWNER(Firm name) SIGNATURE SIGNATURE SIGNATURE ;Lathan Compton.ArchitectJProject Lonnie Kidder Quentin Hart,Mayor Manager A'v S.-"d"61 PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE February 24,2021 !—�•' , �� �[i� DATE DATE DATE AIA Document G701"—2017.Copyright®1979,1987,2000,2001 and 2017 by The American Institute of Architects.Al rights reserved.The"American Institute of Architect5;"'AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document I was produced by AIA software at 14:50:00 ET an 92124/2921 under order N0.81 14132283 which expires on(17/1212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract❑ocumentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Nates: (389ADA34) Page 83 of 356 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $441.06, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 3/15/2021 Prepared: 3/2/2021 ATTACHMENTS: Description Type ❑ Change Order#5 - 5 Bros Addition-Reno Backup Material Motion approving Change Order No. 5 with Cardinal Construction, of SUBJECT: Waterloo. Iowa, for a net increase of$441.06, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: Door hardware changes per owner's request. Page 84 of 356 ,titrAIA Document 6701Pv 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:005 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 Date:March 2,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 Bast 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,IA 50703 Waterloo,fA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the charge and,ij'applicable,attach or reference specifle exhlhitr.Also include agreed rrpon adjrrstmrents attributable to executed Construction Change Directives) A. COR 03: Cost for additional framingldrywall at stairs to enclose..........................................Add $ 185.50 B. COR 04: Credit to Owner to change soffit panels in Concourse 118 to Designer White plastic laminate in lieu of Solieor due to availability..................Deduct ($3,559.44) C. COR 05: Per the Owner's request,door hardware changes.....................................................Arid $3,815.00 TOTAL ADD $ 441.06 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$441.06. The original Contract Sum was $ 5,516,300.00 The net change by previously authorized Change Orders $ 110,188.00 The Contract Sum prior to this Change Order was $ 5,626,488.00 The Contract Sum will be increased by this Change Order in the amount of $ 441.06 The new Contract Sum including this Change Order will be $ 5,626,929.06 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Cardinal Construction,Inc. City of Waterloo ARCHITECT(Finn nanre) C ACTOR(Firer name) OWNER(Firrrn name) IAI /V SIGNATURE SIG ATURE SIGNATURE Nathan Compton,Architect Katy Susong,President Queutin Marl,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE March 2,2021 March 2,2021 DATE DATE DATE AIA Document 0701"—2017.Copyright®1979,1987,2000,2001 and 2017 by The American Institute of Architocts.All rights reserved.The"American Institute of Architects,"A1A,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may riot be used without permission.This document was produced by AIA software at 12:01:42 ET on 03102!2021 under Order No.8114132283 which expires on 07/1212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADA31) Page 85 of 356 CITY OF WATERLOO Council Communication Motion to approve, receive and keep on file, amendments made to Section 1 of Article III -- Organization, of the Constitution of the Memorial Hall Commission. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Proposed Changes to Article III - Organization Backup Material Motion to approve, receive and keep on file, amendments made to Section 1 SUBJECT: of Article III -- Organization, of the Constitution of the Memorial Hall Commission. Submitted by: Submitted By: Kelley Felchle, Cie Clerk Recommended Action: Approve. A proposal was made at the December 9, 2020 commission meeting to consider amendments to Section 1 of Article III — Organization due to the imminent retiring of some of the organizations which make up the Commission. In an effort to maintain and grow membership, a motion was made to consider the proposed amendments and such amendments were Summary Statement: discussed at two separate meetings prior to a vote, per Article VII - Amendments. Voting members of the Memorial Hall Commission met on February 24, 2021, and voted unanimously to approve changes to Section 1 of Article III - Organization as shown in the red-lined attachment. Page 86 of 356 CONSTITUTION and BY-LAWS Memorial Hall Commission Veterans Memorial Hall/Soldiers and Sailors Park CONSTITUTION Article I—Name Section 1.The name of this administration shall be: "Memorial Hall Commission"as set forth in 1993 Code of Ordinances of the City of Waterloo,Iowa,Section 2, 195.5 of Division 5,of Article VII,Chapter 2: Ordinance No.4236 adopted by the city council on July 23, 1997,creating the Memorial Hall Commission. Ordinance No.4265 adopted by the city council on November 3,1997,increasing the members from five to eleven. Ordinance No.4266 adopted by the city council on November 17, 1997,creating terms of offices. Article II— Object Section 1.The object of this Commission shall be:to unite and promote fellowship among Veterans, Civic,and Patriotic organizations advancing the interests and the betterment of the property and contents located at 655 Memorial Court,Waterloo,Iowa;devoted to improve,restore,preserve,enhance,and maintain the building and park,monuments,documents,portraits,and relics;in order to perpetuate the memory and achievements of United States military personnel who distinguished themselves by their services and sacrifices while with our Country's National Defense;to encourage historical research and extend educational services in relation to Wars and defending American freedom;to celebrate the anniversaries of prominent events of our Country's Wars and Conflicts;to foster in loyal appreciation true American patriotism;and at all times to uphold and maintain the Constitution and the laws of the United States of America. Page 87 of 356 Article III-- Organization Section 1.This Commission shall consist of.(a)American Legion#730,(b)American Legion#138,(c)- ^NWETS1°#1° AMVETS at large,(d)Disabled American Veterans#11,(e)Veterans of Foreign Wars# 1623,(f)Military Order of the Purple Heart#86,(g)Women's AFffi-y GeFps Veteran Asseeimie ,Sons of the Union Veterans Civil War at large,(h)The Retired Officers Association,and(i)ex-officio City Representatives,0)Rolling Thunder Iowa Chapter 1,(k)UAW 838 Veterans Committee,(1)Seas of n N"IETc+19,(m)Cedar Valley Civil War Roundtable,and no more than two(2)members at large. (a) Primary and alternate members of commissioner's status shall be authorized to be,member,sons Formatted:Indent:Left: 0.25' or auxiliary(clarifying Article IV Section 1 paragrgph(a);eligible representatives and Article V Section 1 of the bylaws). Section 2.Any honorably discharged military person,Gold Star Mother,or concerned citizen,shall qualify to become a candidate for the Memorial Hall Commission provided he/she is a member in good standing with the organization he/she is representing and/or a proponent of veteran's affairs. Section 3.Each organization identified shall elect two(2)representatives--one(1)delegate and one(1) alternate to serve a three(3)year term on the Memorial Hall Commission.Due notice of such elected representatives must be submitted to the City Clerk's office not later than September 30 of that year. Section 4.Any representative may succeed himself/herself if properly elected by their organization provided the tenure conforms to the City Code of Ordinances,regarding Boards and Commissions. Section 5.No representative shall be appointed to serve on this Commission without recommendation by the Mayor and approved by the City Council. Section 6.Each organization identified,shall be placed into a group described by the term expiration dates when the Commission is first instituted.One group to serve one year,one group to serve two years, and one group to serve three years.After the term of each group expires,that group shall be elected to serve for three years. Article IV—Membership Section 1.Types of Membership shall be as follows: Para.(a)ACTIVE-Membership of this Commission shall be composed of only eligible representatives from each organization or members at large as defined in Article III,Sections 1,2,3,4,and 5.The Mayor of the City of Waterloo or an appointed designee shall be an ex-officio voting member of the Commission. Para.(b)ASSOCIATE-Any individual who is or may become a member to any of the organizations identified in Article III,Section 1,and all servicemen and women who are presently on active duty in any branch of the United States Military shall be eligible for Associate Membership and shall be entitled to all privileges except those of voting and holding office. Page 88 of 356 Para.(c)ALLIED SUPPORT GROUP-Any individual currently serving as and limited to hereafter as; Mayor,City Council Member,Community Development,Police Chief,Administrative Director,City Clerk,Fire Chief,Executive Director of Grout Museum,Waterloo Museum of Art,Executive Director of Main Street Waterloo and High School Junior ROTC shall be eligible for Allied Membership and shall be entitled to all privileges of membership except those of voting and holding office. Para.(d)SOCIAL-Any individual who is a member and may become a member to any established subordinate unit attached to any of the organizations identified in Article III,Section 1 or any individual whose disposition is favorable to the Commission,shall be eligible for Social Membership and shall be entitled to all privileges of membership except those of voting and holding office. Section 2.All Memberships shall conform to the requirements as set forth in this Constitution and By-laws. Section 3.All Membership Dues or any other types of fee shall be established by the Commission. Article V -- Principal Office: Scope of Activities Section 1.The principal office of this Commission shall be located at 715 Mulberry Street,Waterloo, Iowa 50703 or in any such other place as may later be determined by the Mayor,but the activities of the Commission shall not be confined to that place. Article VI—Administration Section 1.The administrative affairs of this Commission shall be vested only in the eligible representatives present and voting when the Commission is in session.Each organization represented shall have the right to cast one(1)vote on each matter submitted to a vote at any Memorial Hall Commission meeting. Section 2.The officers of this Commission shall consist of a General Chairperson,a Vice Chairperson,a Secretary,and a Treasurer. Article VII—Amendments This Constitution may be amended at any Memorial Hall Commission meeting by a vote of two thirds of the representatives present and eligible to vote,provided that any such amendment is read at two(2) meetings and that all delegates and alternates were notified of the proposed change prior to each of the two(2)meetings. Page 89 of 356 Article VIII This Constitution and By-laws shall not become in full force and effect until approved by the City Council and signed by the Mayor. Page 90 of 356 BY-LAWS Article I— Organization Section 1.This Commission shall be known as"Memorial Hall Commission,"and affirms its allegiance to its Constitution,By-laws and rules,mandates and regulations promulgated pursuant thereto. Section 2.The creation and continuance of Veterans Memorial Hall shall be as a monument to men and women who have honorably served with any United States military forces. Section 3.The building and grounds shall serve as:(a)a meeting site for veteran's associations and patriotic societies;(b)a site for Memorial Day observances and other patriotic ceremonies;(c)a museum to display photographs and patriotic memorabilia;and(d)a site for city business affairs and social activities. Article II -- Officers Section 1. Para 1:The Commission shall elect annually a General Chairperson,Vice Chairperson,Secretary,and a Treasurer. Para 2:The General Chairperson,with the approval of the Commission,shall appoint Commission Committees,with the exception of the Nominating Committee,which shall be elected by the Commission. Para 3:Such other officers as may be necessary to operate the Commission may be appointed by the General Chairperson,with the approval of the Commission. Para 4:A"Commission Officer Report"shall be submitted to the City Mayor's office within five(5)days after the installation of newly elected officers or in the event of any subsequent change in the Commission officers during the membership year. Section 2. Para 1:The General Chairperson shall be the presiding officer and in his/her absence,the duty will fall to the next highest officer in line of succession who is present.He/she shall maintain order and dispatch such business as may legally come before him/her.Shall perform all other duties that may reasonably be assumed to be incidental including those set forth in this Constitution and By-laws and such other duties as may be lawfully delegated to him/her by the Commission. Para 2:The Vice Chairperson shall perform the duties of the General Chairperson in the event of his/her absence.If the General Chairperson should die,resign,or be removed,the same order of authority would be in effect until a new General Chairperson is elected.He/she shall be the Membership Chairperson and Page 91 of 356 as such is responsible to confirm all types of memberships and campaign to increase all memberships as set forth in the Constitution and By-laws. Para 3:The Secretary is responsible for keeping the Commission records and conducting the Commission's correspondence.He/she must keep detailed records of the Commission's meetings and business affairs.All motions considered by the Commission should be recorded along with the names of the delegates or alternates who make,second,or speak on motions.At each commission meeting,he/she should read all correspondence received between meetings and see that all matters which require action by the Commission are properly disposed of and should answer all correspondence promptly and file copies of responses with the commission records. Para 4:The Treasurer and City Clerk shall keep an accurate record of all monies received and disbursed. All monies received shall be deposited in the form of an individual"City of Waterloo Escrow Account" that must be established in a financial institution insured by an agency of the Federal Government.He/she shall make a report on Commission finances at each meeting and records shall be open to the Commission when a request is made in writing through the General Chairperson or Mayor's office.He/she shall also be a member on the Finance/Fundraising Committee. Section 3. Para 1:Upon election or appointments,and installation of the successor to any such Commission office, all Commission property in his or her predecessor's possession shall be surrendered to the newly installed officer. Article III— Qualifications Section 1.Any individual who is a delegate or alternate of this Commission shall be eligible to any elective or appointive office in this Commission,unless otherwise provided in this Constitution and By-laws. Section 2.Any individual may not hold more than one(1)elected position. Section 3.Any officer of this Commission may succeed themselves if properly elected. Article IV-- Tenure of Office Section 1.Officers shall be nominated each year during the October meeting and again immediately prior to the November election meeting.Elected officers shall be installed not later than December 1 of that year and shall serve in that office for one(1)year or otherwise defined in tins Constitution and By-laws. Section 2.Unexcused absence of any officer from three(3)consecutive meetings shall be cause for removal by the Commission. Page 92 of 356 Article V-- Membership Section 1.No applicant shall be denied membership if he or she meets the eligibility requirements as set forth in this Constitution and By-laws. Article VI-- Committees Section 1.There will be four(4)Committees:Building and Grounds,Operations,Finance/Fundraising, and Education/Historical. Section 2.Committees shall consist of not less than three(3)members with one(1)to be a voting member of the Commission. Section 3.In the event a Committee fails to make a recommendation upon any matter referred to within a reasonable time or in emergencies,the City may act upon such matter without receiving approval of the Commission. Article VII --Meetings Section 1.Commission meeting dates,time,and place shall be determined by the desires of the Commission. Section 2.Special meetings of the Commission may be called by the General Chairperson or the Mayor whenever they may deem it necessary. Section 3.A quorum shall consist of five(5)voting members. Section 4.Minutes of the meetings shall be kept and available for inspection. Article VIII—Memorial Day Ceremony Section 1.At least once a year there shall be observed a special Memorial Day Ceremony in accordance to the Waterloo Memorial Board By-laws Page 93 of 356 Article IX -- Miscellaneous Section 1. Para 1:These By-laws may be amended at any Commission meeting by a vote of two-thirds of the representatives present and eligible to vote,provided that any such amendment is read at two(2)meetings and that all Commission delegates and alternates were notified of the proposed change prior to each of the two(2)meetings. Para 2:The Charter of this Commission shall be displayed at Veterans Memorial Hall in a frame and a copy of its Constitution and By-laws shall be properly affixed to its back,a copy kept at City Hall,and also in the Commission's file. Para 3:No part of the net earnings,property or assets of this Commission shall inure to the benefit of any organization,private person,or any member,officer,or director. Article X--Parliamentary Authority Section 1.Roberts Rules of Order,newly revised,shall govern in all cases not specifically covered by this Commission's Constitution and By-laws. APPROVED: ATTEST: Craig White,Chair Randy Miller,Vice Chair Memorial Hall Commission Marcia Courbat,Treasurer CERTIFIED: Quentin Hart,Mayor City of Waterloo Page 94 of 356 CITY OF WATERLOO Council Communication Request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road from"A-1"Agricultural District to "C-P"Planned Commercial District, with conditions, to construct a new Dollar General store. City Council Meeting: 3/15/2021 Prepared:2/15/2021 ATTACHMENTS: Description Type ❑ Staff Report Backup Material ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ Flood Plain Map Backup Material ❑ Building Elevations Rendering Backup Material ❑ Plan Set Backup Material ❑ Conditions to Zoning Cover Memo ❑ Pictures Backup Material ❑ Application Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning SUBJECT: Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road from"A-1" Agricultural District to "C-P"Planned Commercial District, with conditions, to construct a new Dollar General store. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by DGOGWaterlooial1042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shaulis Road from"A-1" Agricultural District to "C-P"Planned Commercial District to construct a Summary Statement: new Dollar General Store. The Planning and Zoning Commission recommended unanimous approval Page 95 of 356 of the rezone request with conditions at their regular meeting on February 9, 2021. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. The applicant is requesting to rezone the property in question to construct a 10,640 SF Dollar General Store. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of agricultural land abutting, and residential across Highway 218, and Summerland Park father south on Dysart Road. Lost Island Water Park and the Isle Casino and Hotel are located approximately'/z mile to the west/northwest, and Lost Worlds Theme Park is under construction across the road to the southwest. With the location along East Shaulis Road, it would appear a suitable location for a neighborhood commercial store. The Shaulis Road Trail is located approximately 2,000 feet west of the proposed rezone area. Currently there are no sidewalks in the area; however the Shaulis Road Trail will be extended eastward to the Dollar General Store and construction will begin within the next few months as part of a RISE Grant that will reconstruct this portion of East Shaulis Road. The proposed Dollar General will also have a 4' sidewalk that will extend from the building to the road, across the street from the Shaulis Road Trail that will be constructed as part of the road reconstruction. It should be a condition to require that the applicant install approaches for a mid-block crossing, and potentially be required to install the crossing including rectangular rapid flashing. The area of the proposed site is currently zoned "A-1"Agricultural District and has been since adoption of the Zoning Ordinance in 1969. Surrounding uses and zoning: North— Highway 218; Commercial Development with some vacant land, zoned "M-1"Light Industrial District. South—Agricultural land and the under construction Lost Worlds Theme Park, zoned"A-1"Agricultural District; and "C-P"Planned Commercial District. East—Residential area, zoned "M-1"Light Industrial District and "R-1, R- P"Planned One and Two Family Residence District. West—Agricultural land, Lost Island Water Park and Isle Hotel and Casino, zoned"A-1"Agricultural District and"C-P"Planned Commercial District. The property is in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. The structure will be elevated to have a finished floor elevation of 850 feet or one foot above the base flood evaluation. Page 96 of 356 Traffic Operations, the Planning Department, and Engineering Department had a meeting on January 7, 2021 to discuss a traffic simulation for ingress and egress off of E Shaulis Road to the proposed Dollar General. All three departments discussed the traffic simulation and none of the departments noted any major concerns regarding traffic generation to and from the site. It Background Information: was determined that a left turn lane would be required for East-bound Shaulis Road traffic wanting to turn left into the Dollar General, but the turn lane will be installed as part of the proposed reconstruction of East Shaulis Road. There was also mention that the applicant will need to install a street light at their driveway with a specific pole and light approved by the City. In addition sidewalk will be required along the street frontage and pedestrian approaches will need to be constructed on both sides of E Shaulis Road in the event that a pedestrian crossing is needed at a future date, and Dollar General should be required to install the crossing in the future(including painting, signage, and wired rectangular rapid flashing beacons) if such a crossing is determined to be warranted by the City. Therefore, staff recommends that the request by DGOGWater1ooiall042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shauhs Road from"A-1"Agricultural District to "C-P"Planned Commercial District, with conditions, to construct a new Dollar General Store be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The masonry-sandstone walls that are brown and gray in color, and a metal-galvalume roof will be compatible with existing buildings in the area. 4. The site will bring a neighborhood commercial use to a tourism destination and north of a residential area that sits along Waterloo's Highway 218 Corridor. And subject to the following conditions: 1. That sidewalk be installed along the frontage of the property. 2. That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons)in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board (list tree/shrub species that are diverse and suitable to climate; update landscape plan to cluster trees with a more natural appearance; Page 97 of 356 group shrubs together within parking lot and near building in a larger bed of mulch; and utilize parking lot islands to better cluster shrubs. 6. That the roof contains a solid color to reduce or eliminate glare. A-1 to C-P Area: That part of Government Lot 4, in Section 12; And That part of the Southeast Quarter of the Southeast Quarter of Section 12, Township 88 North, Range 13 West of the 5th Principal Meridian, in Black Hawk County, Iowa lying Southwesterly of the center line of U. S. Highway Number 218 except that part deeded to the State of Iowa in 538 LD 150. Legal Descriptions: And That part of the Southeast Quarter of the Southeast Quarter Section 12, Township 88 North, Range 13 West of the 5th Principal Meridian, Black Hawk County, Iowa described as follows: Commencing at the Southeast corner of said Section 12; thence South 88 degrees, 43 %minutes West 397.8 feet along the South line of the Southeast Quarter of said Section 12 to the point of beginning;thence continuing on said South line South 88 degrees 43 '/z minutes West 35.5 feet;thence North 49 degrees 56 %minutes West 147.4 feet; thence North 45 degrees 21 '/2 minutes West 128.9 feet; thence North 28 degrees 56 %minutes West 154.2 feet; thence South 44 Degrees 33 minutes East 448.6 feet to the point of beginning. Page 98 of 356 March 15,2021 REQUEST: Request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new Dollar General Store. APPLICANT: DGOGWaterlooia11042020, LLC, 1598 Imperial Center, West Plains, MO, 65775. GENERAL DESCRIPTION: The applicant is requesting to rezone the property in question to construct a 10,640 SF Dollar General Store. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of agricultural land abutting, and residential across Highway 218, and Summerland Park father south on Dysart Road. Lost Island Water Park and the Isle Casino and Hotel are located approximately '/2 mile to the west/northwest, and Lost Worlds Theme Park is under construction across the road to the southwest. With the location along East Shaulis Road, it would appear a suitable location for a neighborhood commercial store. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The request to construct a new Dollar General building and associated parking area is not anticipated to have a negative impact upon nearby properties or land uses. The proposed site is a corner lot in between E Shaulis Road to the south and Highway 218 to the northeast. Access to the site will be off E Shaulis Road, which is classified as a Minor Arterial. Highway 218 is classified as a Principle Arterial. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The Shaulis Road Trail is located approximately 2,000 feet west of the proposed rezone area. Currently there are no sidewalks in the area; however the Shaulis Road Trail will be extended eastward to the Dollar General Store and construction will begin within the next few months as part of a RISE Grant that will reconstruct this portion of East Shaulis Road. The proposed Dollar General will also have a 4' sidewalk that will extend from the building to the road, across the street from the Shaulis Road Trail that will be constructed as part of the road reconstruction. It should be a condition to require that the applicant install approaches for a mid-block crossing, and potentially be required to install the crossing including rectangular rapid flashing NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" PSg@F 99f cif 356 March 15,2021 beacons in the future if determined to be warranted. Sidewalk should also be required to be installed along the frontage of the property, so that it could potentially be connected to the sidewalk and trail system as adjacent parcels are developed. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area of the proposed site is currently zoned "A-1" Agricultural District and has been since adoption of the Zoning Ordinance in 1969. Surrounding uses and zoning: North — Highway 218; Commercial Development with some vacant land, zoned "M-1" Light Industrial District. South — Agricultural land and the under construction Lost Worlds Theme Park, zoned "A-1" Agricultural District; and "C-P" Planned Commercial District. East —Residential area, zoned "M-1" Light Industrial District and "R- 1, R-P" Planned One and Two Family Residence District. West —Agricultural land, Lost Island Water Park and Isle Hotel and Casino, zoned "A-1" Agricultural District and "C-P" Planned Commercial District. DEVELOPMENT The Lost Island Water Park was constructed in the early 2000's and HISTORY: opened in 2001. The Isle and Casino was constructed in the mid 2000's and opened in 2007. The Lost Worlds Theme Park is currently under construction and it is planned to open in 2022. BUFFERS/ SCREENING The applicant will be constructing a shrub and tree buffer on all three REQUIRED: sides of the property. DRAINAGE: Rezoning of the land would not appear to have a negative impact upon drainage in the area as the project notes a detention area and outfall to the east of the Dollar General Store location. FLOODPLAIN: The property is in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011 . The structure will be elevated to have a finished floor elevation of 850 feet or one foot above the base flood evaluation. PUBLIC /OPEN SPACES/ Kittrell Elementary is located approximately 4 miles to the northwest, SCHOOLS: Hoover Middle School is approximately 5 miles to the northwest, and West High is approximately 4.5 miles to the northwest of the project site. Lloyd Randall Park is located approximately 1 mile to the east. NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" Pdg@P I6UP of 356 March 15,2021 UTILITIES: WATER, SANITARY SEWER, There is 15" sanitary sewer line located within a 30' sanitary sewer STORM SEWER, easement to the west and a 16" water main along E Shaulis Road. ETC: RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map designates this property as Mixed LAND USE PLAN: Commercial: Medium to High Density Residential; Professional Officials, and Neighborhood Commercial. The proposed land use of neighborhood commercial is in conformance with the Future Land Use Map for this area. The proposed Dollar General Store is also located in a primary growth area as identified in the City's Comprehensive Plan. The Comprehensive Plan cites neighborhood commercial use examples such as small restaurants, neighborhood grocery stores, and convenience stores. The Dollar General Store setup is similar to a convenience store. STAFF ANALYSIS ZONING The applicant is requesting to rezone a 3.46-acre property northeast ORDINANCE: of 2600 Shaulis Road to construct a new Dollar General Store. The "C-P" designation is intended for the residential and commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The C-P zoning will enable the Dollar General Store to have greater flexibility in regards to setbacks, lot configuration, and other parameters associated with building on a triangular lot. The parking lot contains 35 stalls with two of those stalls being reserved for handicap parking. The size of the building is 10,640 square feet, with 8,159 SF of retail floor space. Per the Zoning Ordinance, one parking space is required for every 250 feet of retail floor space. This equates to 33 required parking stalls, and 35 are being provided to meet the requirement. The submitted building materials for the proposed Dollar General Store consist of masonry-sandstone walls that are brown and gray in color, and a metal-galvalume roof. The west and south sides of the building will also have some glass windows. The proposed materials would be compatible with the surrounding area which contains the Isle Casino and Hotel, Lost Island Water Park, and the Lost Worlds Theme Park that is currently under construction. The building also has three proposed signs. The two wall signs are 97.5 square feet and a 20 feet high pylon sign which is 50 square feet. All three signs meet the sign requirements of the Highway 218 Corridor Overlay District and "C-P" Planned Commercial District. The Highway 218 Corridor Design Review Board at their regular meeting on February 1 , 2021 approved the site plan with the conditions that the landscape plan is updated to reflect 4 recommendations by the NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" Pdg@P I OT of 356 March 15,2021 Design Review Board and that the roof will be a solid color to reduce glare. Traffic Operations, the Planning Department, and Engineering TECHNICAL Department had a meeting on January 7, 2021 to discuss a traffic REVIEW simulation for ingress and egress off of E Shaulis Road to the COMMITTEE: proposed Dollar General. All three departments discussed the traffic simulation and none of the departments noted any major concerns regarding traffic generation to and from the site. It was determined that a left turn lane would be required for East-bound Shaulis Road traffic wanting to turn left into the Dollar General, but the turn lane will be installed as part of the proposed reconstruction of East Shaulis Road. There was also mention that the applicant will need to install a street light at their driveway with a specific pole and light approved by the City. In addition sidewalk will be required along the street frontage and pedestrian approaches will need to be constructed on both sides of E Shaulis Road in the event that a pedestrian crossing is needed at a future date, and Dollar General should be required to install the crossing in the future (including painting, signage, and wired rectangular rapid flashing beacons) if such a crossing is determined to be warranted by the City. The Planning and Zoning Commission recommended unanimous approval of the rezone request with conditions at their regular meeting on February 9, 2021 . STAFF ANALYSIS SUBDIVISION The applicant plans to subdivide the property once the rezone ORDINANCE: request is approved. STAFF RECOMMENDATION Therefore, staff recommends that the request by DGOGWaterlooia11042020, LLC to rezone a 3.46 acre property northeast of 2600 E Shaulis Road from "A-1" Agricultural District to "C-P" Planned Commercial District to construct a new Dollar General Store be approved for the following reasons- 1. easons:1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The masonry-sandstone walls that are brown and gray in color, and a metal-galvalume roof will be compatible with existing buildings in the area. 4. The site will bring a neighborhood commercial use to a tourism destination and north of a residential area that sits along Waterloo's Highway 218 Corridor. And subject to the following conditions: NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" Pdg@P 46f2l of 356 March 15,2021 1. That sidewalk be installed along the frontage of the property. 2. That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be responsible to install the crossing and related elements (painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board (list tree/shrub species that are diverse and suitable to climate; update landscape plan to cluster trees with a more natural appearance; group shrubs together within parking lot and near building in a larger bed of mulch; and utilize parking lot islands to better cluster shrubs. 6. That the roof contains a solid color to reduce or eliminate glare. NE of 2600 E Shaulis Road Rezone"A-1"to"C-P" Pdg@P I6IS of 356 City of Waterloo City Council March 15, 2021 s-� �N Sj. R-3 U A-1 N Z G1 20 218 eF< F BELLE ST pR R-P r� ro R-2 CRESTR�p OAK RIDGE RD co LU M-1 m C-P C-P =ISLE OF �'OKENTER F m R-4, S A C-2 ��' R-P D o n y n A-1 ~ A-1 R-1Z E SHAULI R_1 R-1 R-1 l� vN�\ R-3,R-P A-1 R-4 9N, Z° 2c°2 A-1 � N� CEDAR KNOLL rsoR�� � I C-2 m / o I SPR`AFT(W 0 218 ARBORETUM DR SUMME�;rye J Ai0 T � O � rr mRN9j>0; II R-2 Q 1O o 'L0 QUIGBY RD II I I p--XJPLING RD 0 II �? p—ELLINGTON STS O VIOLET DR p —BRISTOL RD �.. M� E ORANGE,,- Northeast RANGERDNortheast of 2600 East Shaulis Road w+1 E Rezone from "A-1" to "C-P" s DGOGWaterloo1104202o LLC 1,000 500 0 1,000 . . Feet Page 104 of 356 City of Waterloo City Council March 15, 2021 � rn 218 ". y &� i� KEN -ER LN o Y 218 S 9sy� y��cT ycT°ti �ysr 6G �9S,S� �fyN 9Sy�ti tiC�O �'� �T ti QST 218 - Area to be Rezoned j yoTo� { tis TO 218 218 E SHAULIS'RD� E SHAULIS RD E SHq U cTo ysyy�r �\s Ft0 o v tisT �'S,rP 218 �SygG �y0 218 s O 0 S9 # a i Ib N Northeast of 2600 E Shaulis Road w E Rezone from "A-i" to "C-P" s DGOGWaterlooiaiio4202o LLC 300 150 0 300 � � Feet Page 105 of 356 City of Waterloo City Council March 15, 2021 218 0 p GL 9 KENTER LN �� ST 218 N� �9 �9Sy� syitic �, tis T l f iy y� T yN 9Sy�ti�T yT�ti Floodway �N� oti sT - sT 218 \ Area to be Rezoned .� yeti tis .T ,yCr 218 A. 218 �G9 E SHAULIS RD E SHAULIS RD E SHgIj �To L/g,40 QST �q o v 218 �NygG �Q 218 s O �� S�PJ\ Sy�ticT otisr 0 500-Year Floodplain a. t N Northeast of 2600 E Shaulis Road w E Rezone from "A-1" to "C-P" s DGOGWaterlooiaiio4202o LLC 300 150 0 300 Feet ' Zone AL(100-Year Floodplai#ybge 106 of 356 A B C D D C B A 76-0" 76-0" 25'-4" 25'-4" 25'-4" 25'-4" 25-4" 2S'-4" I I I I I I I I I I I [ I I I I T.O.PARAPET T.O.PARAPET T.O.PARAPET T.O.PARAPET ELEV.=118'-0" 12 ELEV.=118'-0" 12 ELEV.=118'-0" ELEV.=118'-0" - 318 318 — DOLLAR GENERAL T.D.PURLIN T.O.PU114' ELEV.=114'-0" ELEV.=114'-0" B.O.SOFFIT B.O.SOFFIT ELEV.=110'-0" I I I I I I ELEV.=110'-0" T.O.WAINSCOT T.O.WAINSCOT T.O.WAINSCOT T.O.WAINSCOT ELEV.=104'-0" ELEV.=104'-0" ELEV.=104'-0" - ELEV.=104'-0" T.O.SLAB T.O.SLAB T.O.SLAB T.O.SLAB ELEV.=10 7'-6" 12'-0" ELEV.=100'-0" ELEV.=100'-0" .=100'-0" � I I 0. 20'-6" 2' 8" 34'-6" 2'-8" 2'-8" 34'-6" 2'-8" 11 34'-6" 2'-8" 1 EAST ELEVATION 2 WEST ELEVATION SCALE: 118"=1'-0" SCALE: 118"=1'-0" 6 5 4 3 2 1 140'-0" 26'-0" 26'-0" 28'-0" 28'-0" 28'-0" I I I I I I I I T.O.PARAPET T.O.PARAPET ELEV.=118'-0" ELEV.=118'-0" T.O.PURLIN 4 T.O.PURLIN ELEV.=114'-0" ELEV.=114'-0" B.O.5OFFIT ELEV.=110'-0" T.O.WAINSCOT T.D.WAINSCOT ELEV.=104'-0" ELEV.=104'0" I ! I I I I T.D.SLAB T.D.SLAB ELEV.=100'-0" ELEV.=100'-0" � I I 18" 24' 8" 2'8" 24'8" 2' 8" 2b'4" 24'-8" 2'-8" 24'-8" 2'-8" 3 NORTH ELEVATION SCALE: 118"=1'-0" 1 2 3 4 5 b 140'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" I I I I I I I I I I I I T.O.PARAPET T.O.PARAPET ELEV.=118'-0" - - - -� ELEV.=118'-0" DOLLAR GENERAL I B.O.SOFFIT ELEV.=110'-0" -71 T.O.WAINSCOT �J i T.O.WAINSCOT ELEV.=104'-0" ELEV.=104'-0" T.D.SLAB - T.O.SLAB ELEV.=100'-0" - ELEV.=100'-0" 12'-0" 3'-6" 2'-8" 32'-0" 2' 8" 31'-10" 2'-8" 31'-10" 2'-8" 18'-0" 14'-0" 2'-8" 7r r 4 SOUTH ELEVATION SCALE: 118"=1'-0" Proposed Store for: DOLLAR GENERAL Dysart Road (0. 17 Miles Northwest of E. Shaulis Road & U.S. Highway 218) Waterloo, Black Hawk County, Iowa 50701 TORGERSON ARCHITECTURE I REAL ESTATE I DEVELOPMENT Page 107 of 356 846.25 x x X 84 .66 u) 846.43 \" ALTA04SPS LAND TITLE SURVEY + IN S%BL SE1/4 SECTION 12-T88N-R13W X 847.50 CK HAWK COUNTY, IOWA F + \ \ LEGEND ITEMS PURSUANT TO SCHEDULE B SECTION II 846.56 x 846.56 x co U) O = 5/8 Inch X 16 Inch iron stake monument 30 + (capped SJT 13147)-Placed 3. DEED TO STATE. Deed to State of Iowa for road purposes filed September 9, 1953, in 113 LD 177 of the Black Hawk © \ • = Iron stake monument-Found County records. (Does not affect subject property) 11 = Items in Schedule B \ W = Water Main 4. EASEMENT. Electric transmission line easement to Iowa Public Service Company filed April 17, 1961, in 132 Misc. 77 00 x + S = Sanitary Sewer of the Black Hawk County records. (Does not affect subject property) 845.94 ST = Storm Sewer 5. EASEMENT. Sanitary sewer easement to the City of Waterloo filed January 2, 1969, in 1 Ease 403 of the Black Hawk X 845.76 e \ UT = Undergrlound Telephone County records. (Does not affect subject property) 846.'6 \ X = Chain Link Fence 846.51 x 846.46 x x'0 x 845.60 = Hand Hole 6. EASEMENT. Sanitary sewer easement to Youngblut Construction Co., Inc. filed November 17, 1977, in 5 Ease 933 of the Black Hawk County records. The rights to this easement were acquired by the City of Waterloo by an Agreement + \ = Culvert filed January 27, 1978, in 221 Misc 713 of the Black Hawk County records. (Shown) �w sT T = Manholes 845'92 x \ -1272- = Elevation Contour Line SCALE: 1" = 30 7. EASEMENT. Easement for public highway to the City of Waterloo filed July 27, 1979, in 538 LD 147 of the Black 845.75 x + \ 1271.23 = Spot Elevation 0 30 Hawk County records. (Shown) RM 1270.89 = Rim Elevation FL1262.34 = FlowLine Elevation 8. DEED TO STATE. Deed to the State of Iowa filed July 27, 1979, in 538 LC 150 of the Black Hawk County records. x 845.53 + \ 15 60 (Shown) = Deciduous Tree SCALE IN FEET 846.7X 845.51 x 845.67 1 = Concrete Surface 9. EASEMENT. Communications systems easement to Northwestern Bell Telephone Company filed January 31, 1985, AREA 846.25 x 846.01 x x \ + = Gravel Surface 3.46 ACRES ,579 Ft 2) in 8 Ease 638 of the Black Hawk County records. (Blanket easement) 845.84 VICINITY MAP TITLE COMMITMENT 845.31 x \ ABSTRACT NO. A-40396, DATED OCTOBER 23, 2020, BY IOWA TITLE GUARANTY. 04 ENCROACHMENTS NW1/4 NE1/4 M RM844.68 O. y A. Sanitary manhole is 0.7'± east of the easement. � 846.70 x 845.4033.59(N,S) x 845.59 \?�L 846.38 x 846.41 x x x 845.49x !� x845.66 vv � FLOOD ZONE DESIGNATION I� �� 'd III b 845'82 \ 20 1 240 x 845.55 THE SURVEYED PROPERTY LIES IN ZONE X, 0.2%ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1% ANNUAL \ CHANCE FLOOD WITH AVERAGE DEPTH LESS THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN 845.37x �j \ ONE SQUARE MILE AND ZONE AE, SPECIAL FLOOD HAZARD AREAS WITH BFE OR DEPTH, AS SHOWN ON \ SW1/4 FEMA FLOOD INSURANCE RATE MAP COMMUNITY-PANEL NO. 19013C 0308F, EFFECTIVE DATE, July 18, 2011. �� sv� LEGAL DESCRIPTION + LL SITE '9� \ T88N E. AULIS SHRd That part of Government Lot 4, in Section 12; 847.29 846.50x 846.72x x x x x 845.72 \ Scale: 1"-200�� 847.12 o x 845.99 � And x 845.90 A °' � \ !�� That part of the Southeast Quarter of the Southeast Quarter of Section 12, Township 88 North, Range 13 West of the 5th C 0 84s.Ox \\ S \ Principal Meridian, in Black Hawk County, Iowa lying Southwesterly of the center line of U. S. Highway Number 218 Q� 845.47 x + oGT F� except that part deeded to the State of Iowa in 538 LD 150. x 845.63 ►3 UJ Fs�� And in w00 x a4s a2 r\\ 1P \ That part of the Southeast Quarter of the Southeast Quarter Section 12, Township 88 North, Range 13 West of the 5th 00 N Principal Meridian, Black Hawk County, Iowa described as follows: C14 oto cc 847 3 x 845.71 Commencing at the Southeast corner of said Section 12; thence South 88 degrees, 43 '/2 minutes West 397.8 feet along 846.56 x Z x x x x x 846.28 Z + Gs the South line of the Southeast Quarter of said Section 12 to the point of beginning; thence continuing on said South line J 0UJ i= y, South 88 degrees 43 '/2 minutes West 35.5 feet; thence North 49 degrees 56 '/2 minutes West 147.4 feet; thence North 45 w w N 845.65 c%, degrees 21 '/2 minutes West 128.9 feet; thence North 28 degrees 56 '/2 minutes West 154.2 feet; thence South 44 3 V' '� x 845.25 84518 x + I)- \ Degrees 33 minutes East 448.6 feet to the point of beginning. W x 845.37 \ +0 \ N x845.63 SURVEYOR'S CERTIFICATE Q x 845.32 + aPARCEL A \ To The Overland Group, LLC, a Missouri limited liability company, Iowa Title Guaranty and each of their respective 846.95 N + \ successors, assigns, and/or affiliates: 846.62 x x (INCLUDES RAW) 4- 84772 x� x 846.25 x 845.86 NET AREA=3.46 ACRES± !+� M (EXCLUDES R/W) This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 848.° imum Standard Detail Requirements for ALTA/NSPS Land Title Surveys,jointly established and adopted b ALTA x 845.30 84 .38 q Y J Y p Y N w NO BUILDINGS ON SITE + and SPS, and includes items 1, 2, 3, 4, 5, 6, 8, 11, 13, 16, 17 and 18 of Table A thereof. The field work was completed C x 845.24 844.93 ��\�AI N /���j 2 on 12-1 2020. CO X 84540 + \\tti�. •• SG/� Date of Plat or Map: 12-21-2020 Z ;• STEVEN J. G =_ x 845.41 �9 - w THOMPSON m _- M 5F 114 5F 114 SECRON l2-T88N-R13W 0 13147LO - + •; 0 Dec. 28, 2020 846.60 x 846.81 x 8X7 .66 x 845.78 x x 846.06x % *••.••••••..•�* ��� Steven J. Thompson, Registered Surveyor in the State of Iowa Date 847.76 x 845.32 x 845.12 � / OW P ��� Registration No. 13147 845. 3x + //0/01100\ 844.89 x 845.55 x 845.34 X 845.48 co NOTES: The property has direct access to E. Shaulis Road which is a dedicated public roads or highways. ro x 845.50 847.66 x x 846.27 x 845.59 x 845.34 844.81 846.95 x 846.97 x x All public utilities are within easements or right-of-way. 847.62 x 845.67 845.1 { 00 x 845.84 844.61x There is no evidence of recent earth moving work, building construction, or building additions observed � on the day of survey. 41J There is no evidence of changes of the street right-of-way on the day of survey. x 845.55 30 A �xs There is no evidence of wetland delineation markers observed on the day of survey. © RM846.60 FL04.17(N,S) x 845.55 COPYRIGHT 846.00 x 845.25 845 5 This document is the property of Jones, Haugh & Smith Inc. and may not be used, copied or duplicated 847.31 0.7t x 845.91 x 845.09 BENCHMARK 846.78 x x + without prior written consent. SET RAILROAD SPIKE 84711 x 845.73 .ON EASE SIDE OF TREE ROOT x 846.66 NORTH R/W LINE E. SHAULIS ROAD x 844.80 844.86x FI sv.=8�i 8s x8 x x 846.16 No responsibility is accepted for the locations of utilities shown hereon. Verification of actual locations ZFL845.7647.11 N$$°1 ' 6"E 77.40 x 845.78 x 845.53 S �� + 1b lox/ should be requested prior to the commencement of construction or the taking of any other action relying 847 8" CMP x 846859 25 x 846. x S$4°35'44"Ex 846.18 x 845.62 x 845.34 on the actual locations. 46.97 848.12 847.61 846 846.36 846.88 x 39.10 ORTH R/W LINE E. SHAULIS ROAD +v 846.10 x ST - 848�4 7 8 845.67 846.07x x 848.48 ti 845.31 x 845.40 x 845.30 846. _ _ Locations of all utilities shown are approximate. 846.17x g47 a FIELD DRIVE 846 845.69 845.48 �• �84_&42--C - - - - 845.15x T 846.84 W 48.56x 847 x 846.2 x 845.63 844. x 845.79 \ TREE 848.85 1849.1 848 x 315.28 84.5 845.66x G - c - G 845 \ IOWA ONE CALL: 1-800-292-8989 847.99 �n o UTx 848 $°45 G x 845.36 \ x 849.45 848.95 UT 84 -UT UT G x 845.10 � \ 849.07 849 x849.21 _No x849.38_84976 ALTA/NSPS LAND TITLE SURVEY 849.6 x849.0 N 1 � �.SOx 849.51 850 � �� 849.99 849. 844.78x 845.71 x CD � 849.92 845 844.94 845.50 x 845.59 E SHAULIS ROAD 850.03 -850- M N 1 850.45 850.67 x x 845.61 845.71 IN SE1/4 SE1/4 SECTION 12-T88N-R13W 50 26 1 , , ° 850`79 850.20 x 845.29 x 845.35 8 * M yy 844.81 850.07 i SH o ROAD ° 8�0.a ° S` 8 �0° ° _ 845.21 8 - N88 4504E 763.10 BLACK HAWK IOWA x JE 0.53 1° a 8 845.59 COUNTY, � �G z, . •��� 857 � x e45.33 x 8�3 s2 �i 2 < s° 851 93 5 9.04 SE CORNER SE1/4 FOR: THE OVERLAND GROUP, LLC. + - 0 850.39 z, s �8°45'04"E s 845 x 845.59 x 845.46 SECTION 12-T88N-R13W ° 830.42° e o� FOG LINE 8850.96 d , 851.42 x 85 \ SOUTH LINE SE1/4 850.17 ° 850.15 .85p.�2 s ° Fd. CONCRETE MONUMENT X850, �.= --- ° s , ° 850.38 ascso r P s z DY , Ur 84S 844.7ox SECTION 12-T88N-R13W 850.95 1 a ° I ° 850. 1x 1 T A , , 8 84 845.28 Drawn: Job No. 849.83 849.89 • 85 , FOG LINE �° P a 1 ' ��850.�0 ��"ID 81.1 , ° a 851.66 850.5\8 84 848 �� 6 �x 84.59 W W x W W x 845.43 W x W x845.14 SJT 20-414_Alta.dwg 849.92 849.92 850.08U�L/C�Y 850.60 SJ o W° 1 W ° W• W 845.50 845.16 Checked. J O N E S 851.07 �s 84 . W W W W QED/CqT r a ' 50.97 �S a . 20" WATER MAIN SJT 515 South Washington Ave. Datum: W W E� °, ° 851°.38 s , 851.85 � .7 PER WATERLOO WATER WORKS W W R/GyT °, .1 e , .r Date of Field Work: Albert Lea, MN 56007 _ APPROXIMATE LOCATION FROM MAP SW CORNER SE1/4 SE1/4 OF° 850.90 o h'/Gy 1 ° °s, ° 1 a k sso ( ) 12/16/2020 H A U G H 507-373-4876 SECTION 12-T88N-R13W 850.23 SAY , /85515 ° �qY� l 851.22 e \ BENCHMARK Y 20" WATER MAIN x 1 Revised: Survey: PER WATERLOO WATER WORKS Fd. MARK IN CONCRETE 1° ° S �3' ° \ - _ (APPROXIMATE LOCATION FROM MAP) 850.51 °1 ,S° 85 . /max/ 51.52 " < ° 851.97 Set railroads ike on the east side of tree root located north of the E. Shaulis Road " SMITH 415 West North Street SJT s , z �, ° s , \ p Date of Plat or Map: Owatonna,MN 55060 850 ° 85137 , 'FOG"LINE•-f s and approximately 103 more or less west of the southwest corner of subject property. 12/21/2020 Engineers+Surveyors 507-451-4598 Book:Page: 850.66 1 851. ° s Elevation = 847.83 - g FOG LINE ° s °d -x SST.66 • • , BASIS OF BEARING SYSTEM SHEET NO--!--OF 1 SHEETS 8(50.81 ° < �/°51 59 •' , All bearings are based upon the NAD 83 SPCS IA SPCS N. Page 108 of 356 C \ + Cn LEGEND O = 5/8 Inch X 16 Inch iron stake monument (capped SJT 13147)-Placed LU < z 0 • = Iron stake monument-Found + = Items in Schedule B o W = Water Main o LU \ S = Sanitary Sewer Q N \ + ST = Storm Sewer 3: G = Gas Main Q o� 30' 0' 30' 60' UT = Underground Telephone � X = Chain Link Fence L N \+ = Hand Hole Q \ SCALE: 9/NCH=30 FEET = Culvert = Ow ST OS = Manholes w + —1272— = Elevation Contour Line 1271.23 = Spot Elevation O \ RM 1270.89 = Rim Elevation \ FL1262.34 = FlowLine Elevation d' = Deciduous Tree �+ = Concrete Surface \ = ' = Gravel Surface RM844.68 m FL833.59(N,S) \ BENCHMARK Set railroad spike on the east side of tree root located north of the E. Shaulis Road o and approximately 103 more or less west of the southwest corner of subject property. \ Elevation = 847.83 \ + BASIS OF BEARING SYSTEM o All bearings are based upon the NAD 83 SPCS IA SPCS N. I GREEN \ + 6 \ INTED Cn AREA YELLOW STRIPE G % GENERAL NOTES x,� \ AT EDGE OF ti o SIDEWALK 1. THE CONSTRUCTION COVERED BY THESE PLANS SHALL CONFORM TO ALL CURRENT APPLICABLE STANDARDS AND \ �L- SPECIFICATIONS OF THE PUBLIC GENERAL NOTES WORKS DEPARTMENT OF THE CITY OF WATERLOO, IOWA, UNLESS \ 2 OTHERWISE NOTED. o \ 2. ALL WORKMANSHIP AND MATERIALS SHALL BE SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF z CONCRETE DUMPSTER PAD �� WATERLOO, IOWA. W/WOOD FENCE ENCLOSURE 3. PRIOR TO COMMENCEMENT OF WORK, THE CONTRACTOR SHALL NOTIFY ALL THOSE COMPANIES WHICH HAVE FACILITIES IN THE NEAR VICINITY OF THE CONSTRUCTION TO BE PERFORMED. 4. THE CONTRACTOR MAY UTILIZE THE FOLLOWING TOLL FREE PHONE NUMBER PROVIDED BY ONE CALL SYSTEM, Li BOLLARDS, TYP. INC.: 1-(800)-292-8989. THIS PHONE NUMBER IS APPLICABLE ANYWHERE WITHIN THE STATE OF IOWA. C0 �6 '' -9S 5. ALL DAMAGE TO EXISTING UTILITIES SHALL BE REPAIRED BY AND AT THE EXPENSE OF THE CONTRACTOR. w a CONCRETE a:}o- 6. THE CONTRACTOR SHALL UNDER NO CIRCUMSTANCES CLEAR OR DAMAGE ANY TREES OUTSIDE THE CLEARING L m UNLOADING PAD PROPOSED Oj, LIMIT LINE SET BY THE CITY WITHOUT THE WRITTEN PERMISSION OF THE CITY ENGINEER OR PROPERTY OWNER. 3 w DOLLAR GENERAL O �' (0 Cf) TORE S \ 2 7. CLEARING AND GRUBBING OPERATIONS AND DISPOSAL OF ALL DEBRIS THEREFROM SHALL BE PERFORMED BY N \ + Sj• THE CONTRACTOR IN STRICT ACCORDANCE WITH ALL LOCAL CODES AND ORDINANCES. 7Sx RE 8. THE CONTRACTOR SHALL KEEP THE STREETS CLEAN OF MUD AND DEBRIS. Z 10,640 SF �� �F`], 9. THE CONTRACTOR SHALL PLACE MIN. 4" TOPSOIL AND SEED& MULCH ALL DISTURBED AREAS AT THE DIRECTION Prototype E PLUS d'+Cn OF THE CITY ENGINEER. w N With Vestibule `9 s BOLLARDS N I HVAC On Roof �o I g°'Q PAINTED g J o 5 STRIPEQ i �cR: VV rLtj AREA(TYP) N ctI A I z U 0 ti� �5 G OJ Q W GOCl) QP O UI C' O 6' ADA RAMP O WHEELSTOPSONE Z �tio s� O SM — Q Oyo O LANDSCAPING 5 \ : o F9� O ISLAND, TYP. �0Q O O 1 =SOOm292=8989 Z Do []- Ln CONCRETE CURB O + www.iowaonecall.col'Y1 """cai 'uero W 4' CONCRETE 0" \ RM846.60 SIDEWALK I O \ -f- FL834.17(N,S) I UTILITY DISCLAIMER 5 STORM WATER DETENTION AREA, \ + EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY SEE SHEET C2. LIGHTED PYLON SIGN W/ AlD xQ � \ OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS UNDERGROUND ELECTRIC I �Q� GQ��� EDGE OF PAVING ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE + TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. GJ QQ. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND BENCHMARK \ COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED Q SET RAILROAD SPIKE \ ON EASE SIDE OF TREE ROOT w ELEV.=847.8361'R N88°18'16 E — — _ z — z FL845.76 77.40— — — - + 25, — _ S84°3= - - - 20'SETBACK \ SEAL: I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT w O J X 18, CMP R _ ST ST — � 239. 10 \ WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL �I'1 O � N 36' — _ _ SUPERVISION AND THAT I AM A DULY LICENSED �•J J FIELD DRIVE FL845.25 _ _ — — — + PROFESSIONAL ENGINEER UNDER THE LAWS OF THE N w TREE II I — — `L' — — w 8 G G G G G G G G G c STATE OF IOWA. 0. -oT UT UT— S88'45'04"W 315.2 G G G G r r I r r r 4s l Q \ +tr G UT \\���OFESSIONq� �i (SIGNATURE) (DATE) J Ln UTE. SHA UL IS ROAD O UT Q' N —UT Q 2 E. SHAULIS o ROAD e —UTA — — — — — — — — — — — — + _ O USSEL W z: RUSSELL W. DOSS 1°_ 1_ — — — — — — N88°45 04"E 569.04 _ M :: _ UT \ _ m_- LICENSE NO. 20087 _— FOGd LINE �� s z� S,q \ \U � ' MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 r s o Y !'T R�'4' T W FOG LINE Uj W W W W W W W P(JBz/�'LY p _ wa W W �� W //i/ �OV11P`\`�� PAGES OR SHEETS COVERED BY THIS SEAL: C1 THRU C5 �r ,. , E ►►rill D �� �/ 20" WATER MAIN W W W W W W W W /cgTEo R/cyr_o s T PER WATERLOO WATER WORKS r(8I SHEET 20° WATER MAIN J 24"X 48" TRUNCATED F l4iq y o y/Gym \�\�� (APPROXIMATE LOCATION FROM MAP) PER WATERLOO WATER WORKS DOME DETECTABLE s �y �3 \ C 1 (APPROXIMATE LOCATION FROM MAP) S a ' 1 WARNING, SEE SHEET C5.1 Page 109 of 356 I � + I � LEGEND i \- O = 5/8 Inch X 16 Inch iron stake monument I \ (capped SJT 13147)-Placed o I \ • = Iron stake monument-Found Z - I \ � = Items in Schedule B oN W = Water Main W 30' 0' 30' 60' I I \ S = Sanitary Sewer52 Q l I \ + ST = Storm Sewer SCALE. 1/NCH=30 FEET G = Gas Main Q 09 UT = Underground Telephone J + X = Chain Link Fence N - \ = Hand Hole a \ < = Culvert = Ow ST Os = Manholes 5 5 w -1272- = Elevation Contour Line I 1271.23 = Spot Elevation O \ RM 1270.89 = Rim Elevation \ + FL1262.34 = FlowLine Elevation I \ d = Deciduous Tree I + = Concrete Surface = Gravel Surface RM844.68 m I FL833.59(N,S) BENCHMARK Set railroad spike on the east side of tree root located north of the E. Shaulis Road and approximately 103 more or less west of the southwest corner of subject property. N 312 L.F., 10" PVC Elevation = 847.83 z ROOF DRAINBASIS OF BEARING SYSTEM @ 0.51% SLOPE All bearings are based upon the NAD 83 SPCS IA SPCS N. II \ U.S. FL = 848.00 SITE PLAN GENERAL NOTES: D.S. FL = 846.40 w 1. STANDARD PARKING SPACES SHALL HAVE MINIMUM SIZE OF 9'X 20' UNLESS LOCAL \ JURISDICTION REQUIRE LARGER SPACES. PARKING SPACE STRIPING SHALL BE STANDARD 90 \ DEGREE STYLE. MINIMUM SIZE OF H.C. PARKING SPACES AND ACCESS AISLE ARE SHOWN ON \ G DETAILS. Cf) \\ \ y 2. PAINTED STANDARD PARKING SPACE AND ISLAND STRIPE COLOR SHALL BE YELLOW FOR Q ^ G� ASPHALT PAVEMENT AND CONCRETE PAVEMENT. COLOR FOR PAINTED H.C. ACCESSIBLE o / ♦ �� PARKING SPACE STRIPES, ACCESS AISLE OR ISLAND STRIPES, H.C. SYMBOLS, SHALL BE PAINTED PER THE REQUIREMENTS OF THE AUTHORITY HAVING JURSIDICTION. BOLLARDS \ \ \ 20 SHALL BE PAINTED YELLOW. PAINT SHALL BE REFLECTIVE TYPE. p I � z �O \ 4- 3. PAINTED FIRE LANE STRIPING OR PAINTED CURBS SHALL BE PROVIDED AS REQUIRED BY / JURISDICTIONAL REQUIREMENTS. \\\j11 rrr D� / ♦ 4. CONCRETE PARKING STOPS SHALL BE USED AT PARKING SPACES ALONG THE OUTER + \\�.`OFESSIONq� zI \ // ♦ \ PERIMETER OF PARKING LOT WHEN CONCRETE CURBS ARE NOT USED. a I 1 / ♦ (9- 7,Q S 5. CONCRETE PARKING STOPS SHALL NOT BE USED AT THE FRONT OF THE BUILDING OR ALONG _ USSEL :m �oj // ♦♦ 900 \4- y/��� THE PERIMETER (ADJACENT) TO THE BUILDING. _ M\ I I w I / PROPOSED `♦ 02 6. THE SIDEWALK AT THE FRONT OF THE BUILDING SHALL BE A MINIMUM OF 9-FEET WIDE. THE � I S SIDEWALK SHALL INCLUDE A 10-FOOT MINIMUM WIDE ADA ACCESSIBLE RAMP CLOSE TO THE N 1 // DOLLAR GENERAL 0�� � ♦ STORE MAIN ENTRANCE. SIDEWALKS ALONG OTHER SIDES OF BUILDING SHALL BE MINIMUM z II STORE ��Qo ��� S-6" WIDE. SIDEWALKS ADJACENT TO BUILDING SLABS SHALL HAVE SEALED ISOLATION JOINTS ` Q AND SHALL BE 6 HIGH ABOVE EXTERIOR OR PAVEMENT FINISH GRADES. ALL EXTERIOR C I Cn +Oho SIDEWALKS SHALL HAVE A BROOM FINISH. F.F.E. = 850.00 0�0� .�Qob �� C\\\\ \ 7. PORTLAND CEMENT SIDEWALKS SHALL BE MINIMUM 4" THICK WITH WELDED WIRE FABRIC REINFORCING. U ,fig '♦ ?0 1� \ \ J � " N 8. SIDEWALKS ADJOINING THE BUILDING MUST HAVE A 6HIGH INTEGRAL CURB. I o O J o00 I ° � � s° opo• �o. o ♦D \ \ 9. SLOPE CONCRETE SIDEWALKS AWAY FROM BUILDING AT A MINIMUM SLOPE OF 1/8 PER FOOT. R 6f ° A99S AQ �GQ �� O \� \ INCLUDING RECESSED ENTRY. Q ho O z a- O �o�• OO O \ 10. THE ACTUAL LOCATION FOR THE PYLON SIGN SHALL BE SITUATED FOR OPTIMUM VISIBILITY ALONG THE MAIN FRONT TRAFFIC CORRIDOR. Q RIPRAP EROSION \ \ Q I 0�c9 '�50 DO O O Q`5� PROTECTION, 6"-12" \ \ \ 11. BUILDING CORNERS ADJACENT TO PAVED AREAS SHALL BE BOLLARD PROTECTED. ABOVE o o O O \ \ GROUND UTILITY APPURTENANCES, SUCH AS METERS, TRANSFORMERS, FIRE HYDRANTS IN N R ' O ROCK, 12" DEPTH. \ \ 1 0 o 4- PAVED AREAS, ETC. SHALL BE BOLLARD PROTECTED. W 0 0`9c� 8 G R 49 `b�O�cbO 12. DOWNSPOUTS SHALL NOT BE ALLOWED TO DISCHARGE ON CONCRETE SIDEWALKS. ROUTE z DOWNSPOUTS UNDER SIDEWALKS AT ALL SIDEWALK LOCATIONS. Q 13. ALL DOWNSPOUTS DISCHARGING ONTO NON PAVED AREAS ARE TO HAVE A MINIMUM FIVE "' o I 0 QO�O ���� R0�1 O O \ FOOT PERFORATED LANDSCAPE PIPE STRAPPED TO A MINIMUM 12 INCH X 24 INCH CONCRETE z co sr O ` \ \ SPLASH BLOCK. I 6-1 0 O \ \\ 14. FINISH FLOOR TO BE A MINIMUM OF 12 INCHES ABOVE 100 YEAR FLOOD PLAIN. RM846.60 I I I `90 �O O \�\\+ 15. FINISHED GRADE AT EXTERIOR WALLS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR AT FL834.17(N,T) I I cb o �O 0 CO ,�O \ �\ ALL NON-PAVED AREAS. clo Oo SpA• � G'b" q0d �'\ DETENTION AREA I �Op1' �5 �,�Q O TOP BERM = 847.50 OUTLET = 845.50 \ 80 L.F., 18" RCP I I \ O \ \\ @ 1.04% SLOPE \ `� U.S. FL = 845.90 �w D.S. FL = 845.50 I �Q ,�Q �Q DETENTION OUTFALL BENCHMARK I o SEE DETAIL ON SHEET\C5.1 \ \ Q SET RAILROAD SPIKE /� I �� 4�0 \ A\ \ Z ON ON EASE SIDE OF TREE ROOT / CID �QO�O \V A\ Q ELEV.=847.83 // / H \ Z FL845.76 - \ _ - 846 + X - ' \18" C - � - - 847 _ - - - _ - ' > \ SM w O - - s - _ - - - - - - - - - _ 847 - \ O 8� 6. TP 850.00 - _ �_ �� 846 - - + z FIELD DRIVE 45.2 _ _ QQ _ - _ _ - - - - 1 =800492=8989 � o TREE 7 - - �84� _ - =87- - - - - - _ - - - �-- - - - - G - - - G G G G -� l - _ - - - \ _G - _ G G � www iowaonecall com """CallI`below. \` pi UT -UT - G- �_ �r G \ Call uemre Vail a1Y- F SHA ULIS ROAD J 44T - O E SHAULIS s ROAD s 1 s 1° la ° _ _ _ _ _®�_ - = � � _ - - - - - - - - - - + UTILITY DISCLAIMER p FOG°LINE _1 ° - \ \� `� \ \� \ \ EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY zRT �� UT Zg � OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS �U�NE f s ° R�'�� \�� 1� � WWW W w W W W ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE WQ W , ` _ _ _ TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. W W W r.�ED/C'�/E0 - ° � \ �((\� \ 20" WATER MAIN THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SHEET W W w -W Q/G �°° L/ \\�� \� PER WATERLOO WATER WORKS Hr_of s °, (APPROXIMATE LOCATION FROM MAP) SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND REMOVE EXISTING ��4Y o Gy�ij/gY �� �/Z�� COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED 20" WATER MAIN 1 ^ PER WATERLOO WATER WORKS DRIVEWAY AND CULVERT � L (APPROXIMATE LOCATION FROM MAP) s° °� s,' Page 110 of 356 I \ + I I LEGEND O = 5/8 Inch X 16 Inch iron stake monument (capped SJT 13147)-Placed L o I \ • = Iron stake monument-Found Z - I = Items in Schedule B o� W = Water Main E s \ \ 30' 0' 30' 60' S = Sanitary SewerAT Q \ + ST = Storm Sewer SCALE: 1/NCH=30 FEET G = Gas Main Q UT = Underground Telephone 0 X = Chain Link Fence L N = Hand Hole Q \ < = Culvert = Ow ST OS = Manholes w —1272— = Elevation Contour Line 1271.23 = Spot Elevation O \ RM 1270.89 = Rim Elevation \ + FL1262.34 = FlowLine Elevation I d = Deciduous Tree + = Concrete Surface I SILT FENCE AT = Gravel Surface PROPERTY BOUNDARY RM844.68 m I FL833.59(N,S) BENCHMARK Set railroad spike on the east side of tree root located north of the E. Shaulis Road \ and approximately 103 more or less west of the southwest corner of subject property. Elevation = 847.83 z \ + BASIS OF BEARING SYSTEM o All bearings are based upon the NAD 83 SPCS IA SPCS N. I DITCH CHECKS OR 9 P I BIO-ROLL WATTLES, TYP. SOD HATCHED AREA. c) SEED AND MULCH w I \ REMAINDER I \ I G I \ s ICn \ S Q II I \\ ��� ♦♦ `♦ 0FEssloN""'.' I.`' I ` ��� ♦ `� S - USSEL W. .Z w I � 1� ♦♦ m Ld ��i♦ PROPOSED ♦♦ DOLLAR GENERAL . ' �♦ + sJOWN Qf I ♦♦ STORE I Z II a�� I �' �♦ :♦ r• :F.F.E. = 850.00 + I I � i I ♦ \ 4 I ' / / ♦ O v JCD 00 CD00 I I •� � \ + � zN SILT FENCE AT I r n � V Q PROPERTY BOUNDARYME Q I / RIPRAP EROSION \ \\ + / PROTECTION, 6"-12" \ \ o o O. N � ROCK, 12" DEPTH. \ \\ W w °� o \ \ + SILT FENCE AT I ' I ) PROPERTY BOUNDARY W I CONCRETE WASHOUT AREA I I \\ \ o I I •• SOD HATCHED AREA. o SOD HATCHED AREA. Q . SEED AND MULCH \ \ Z .. SEED AND MULCH REMAINDER \ 00 4r I REMAINDER O \ \+ W MIN. 30'X 60' I \ \ CONST. ENTRANCE I I F6 MP 6" STONE + RM846.60 I O. I \ \ FL834.17(N,T) II SWPPP TOPSOIL \ \ clo STOCKPILE \ \ MAILBOX OD ebb`` \ ' ' PORTABLE \ \ \\ \ J z '>' °� ... ..... �..�.. ............. „ RESTROOM V A BENCHMARK .� .. .w � xIxxxxxXxxx \ \ Q Q O SET RAILROAD SPIKE \ i x x x x x x \\ \ + Z ON EASE SIDE OF TREE ROOT / = x x x x x x x x X x x x x x x x Nn ELEV.=847.83 , I 'f PROJECT STAGING x x x x x x x \ f \ O O J :.1.'.'.'.'' x x x x x x x \ W Q X x x x x x x � : G EA s x x x x \ � R FL845.70 : -- ------�- 846 \ + —aX� 847 _ - - - - , — � SM w O w J - — — � s — — — — — — — — — — — . •o-. • . .....�w�,; _ __ 847 � � (D O 06 O 8� 6 —: _ •. • .. .. . _ --------------- FIELD - 846 =80011111111292=8989 _ _ ' DRIVE 45.2 1 8 0 292 8 89 z - __ _ - - - G 0 9 � � TREE i \ — — — — — _ 7- — — _ G G G G G G G Ruuw .41 below. l — —8 _ / — _ — — — _ _ — \ � G G G G � www.iowaonecall.com Q LU w z _ - - - –- — — UT T— — — — — _ ( G -G _ — \ Call uemre Vail a1Y O GUT--a--.UT-- fz � — —� � � _ - - � \ � \ + Q — — - - -- - - - — —_ SHA ULIS ROAD — U LLI 1 a 'SHAULIS ROAD \ UTILITY DISCLAIMER rn ------------- Foc LINE ° ' — �� \ � ` � `— _ _ \ � \ \ \ \ \ EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY �LINE _ RO �� = \ OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS Fo4� �� \1� j \ \ \ W W W w W W ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE w w W PUBL/CZ Y DED/CA j W W W � �r \ -_��W W 20" WATER MAIN J THERE S NOGUARANTEE TO OR DISCOVERED BY RAS O THE ACCURACY ORT EE ENGINEER IN THE T COMPLETENESS OION OF THE IF GS SHEET W W W W W W E� iQ/G \\ \ PER WATERLOO WATER WORKS � \ (APPROXIMATE LOCATION FROM MAP) SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND 20" WATER MAIN) s y�,9y L�� COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED WATER WORKS \ ' C 3 (APPROXIMATE LOCATION FROM MAP) PER WATERLOO v Page 111 of 356 CRUSHED AGGREGATE GREATER THAN 3" NOTES: BUT SMALLER THAN 6" 1. THE MININIMUM LONGITUDINAL SPLICE SEEDING AND MULCHING SPECIFICATIONS OVERLAP SHALL BE 2' WITH A POST C�Oo�o�oFILTER�FABR�IC0,- AT EACH END. ALL DISTURBED AREAS MUST BE REVEGETATED BEFORE TEMPORARY SEDIMENT CONTROLS CAN BE REMOVED. w N a 2. SECURE FABRIC TO POSTS. ORIGINAL GRADE fro 1. GOVERNING SPECIFICATIONS a m POSTS, 4' LONG (MIN.) ENGINEERING ALL SEEDING, MUCHING, FERTILIZING, AND MAINTENANCE SHALL BE IN ACCORDANCE WITH ° @ 5' O.C. (MAX.) FABRIC SECTION 9010 OF THE SUDAS STANDARD SPECIFICATIONS :N 2. TOPSOIL SECTION SEEDBED SHALL BE PREPARED LOOSENING TOPSOIL A MINIMUM OF 6 INCHES. J w \ 3. FERTILIZER O FERTILIZER SHALL BE 13-13-13 (N-P-K) COMMERCIAL GRADE APPLIED AT A RATE OF 200 LBS PER ACRE. FLS SEDIMENT BARRIER 4. SEEDING in SEED MIX SHALL BE TYPE 1 AS SPECIFIED IN THE SUDAS STANDARD SPECIFICATIONS. SEED SHALL BE APPLIED AT A RATE OF 200 POUNDS PER ACRE. SEDIMENT TRAPPING DEVICE (OPTIONAL) X5.MIN. WIDTH TRENCH 5. MULCHING �\� .X \ "Y" = 6" MIN. AND COMPACTED BACKFILL MULCHING SHALL BE APPLIED AT THE RATE OF 1.5 TONS PER ACRE. "X" + "Y" = 12" MIN. /lam CORRUGATED STEEL PANEL (OPTIONAL) m DITCH F�OB SILT FENCE DETAIL 3:Q w o Q o O o o O O o 0 o O o o O NOT TO SCALE oCD � o_ 0 0 0 0 0 0 0 0 0 0 0 0 0 10' MIN OR 0 z AS REQUIRED TO W F7_ O O O O O O O O O O O O O CJ 0 0 0 0 0 0 0 0 0 0 0 0 o ACCOMMODATE 0 Q X ANTICIPATED W W O O O O O O O O O O O O O TRAFFIC, WHICHEVER zIS GREATER O O O O O O O O O O O O O (n Q X � W o o W 24' MIN o I- z WOOD STAKE, 50' MIN 'J SEE DETAIL �111I111/// PLAN ,,.OFEss.1.0 Q9. . <<c• ` USSEL W ' � r _ . Z= m. 41W41 41 CONSTRUCTION ENTRANCE = > J, NOT TO SCALE ' y y v w w w v w w v �WP� �\`a y y y y W \lp III � y y y y Ln 11 00 -A NJ '1 ., NV NV IV IV ct U jjjjjjjjjjjmjm� LL sv NV y o r W NVW W NV W ISI �Y �Y J � L I y y y y y y \ W `� 'n U W NV W W W W y W y � � o NJ y y y y y y y y y , STRAW WATTLE y y y STRAW WATTLES W ,n WOOD STAKE WOOD STAKE, SEE DETAIL ,i y 4, 41 y y y y yLL NV 4, y y 41 y y y y y yWOOD STAKE WOOD STAKE y y y ,, 11 11 11 y y y STRAW WATTLE z y y y y y y y y y y00 \ W IV y y y y y � y W � � IV � � W y y y y y y y W y y y J � � y y � Q ✓V� op F y � ('V ✓ W y y y y y y W W y •� JJJJW W W Y\ W y y y y y y W y y A � J � J � - / �DOW N S/ T14IJ44 r� Op� y W W W y y y\y y y y y y y \ /\\/\ \ /\ /\\\ J Z \11 J' \11W y y y y y SLOPE// SURFACE \ Q O U) v- \W J. J. J•. y y y y III •\\\\\ / \\\\ cn \ J zw 0 IV => w TRENCH \\/D �\ / ww I� O IV I < w w if J o p O wU 0 cn B 0- R OLLZWATTLE DETAIL NOT TO SCALE SHEET C3 . 1 Page 112 of 356 + LEGEND O = 5/8 Inch X 16 Inch iron stake monument Cn \+ (capped SJT 13147)-Placed • = Iron stake monument-Found ■ ■ = Items in Schedule B W < W = Water Main g + S = Sanitary Sewer °o p 30' 0' 30' 60' ST = Storm Sewer W E \ G = Gas Main w \ + UT = Underground Telephone SCALE: I/NCH=30 FEET BENCHMARK X = Chain Link Fence o Set railroad spike on the east side of tree root located north of the E. Shaulis Road = Hand Hole o 0.1 , \+ and approximately 103 more or less west of the southwest corner of subject property. < = Culvert LLo 2 Elevation = 847.83 sT OS = Manholes N \ BASIS OF BEARING SYSTEM —1272— = Elevation Contour Line Q + All bearings are based upon the NAD 83 SPCS IA SPCS N. 1271.23 = Spot Elevation w RM 1270.89 = Rim Elevation FL1262.34 = FlowLine Elevation \ = Deciduous Tree O = Concrete Surface = Gravel Surface I \ RM844.68 FL833.59(N,S) M LANDSCAPE NOTES: m \+ 1. ALL PLANTING BEDS SHALL HAVE A MINIMUM 3" DEPTH OF MULCH, WITH EDGING AS REQUIRED. y 2. ALL TREES LOCATED IN SOD AREAS SHALL HAVE A MULCH RING AROUND THEM WITH EDGING. N z + 3. ALL PLANTINGS SHALL BE THOROUGHLY WATERED BY THE LANDSCAPE CONTRACTOR AT THE TIME OF THE PLANTINGS. \ 4. MAXIMUM GRADING SHALL NOT EXCEED 4:1. N w >� N 5. CONTRACTOR IS RESPONSIBLE FOR ESTABLISHING ALL VEGETATION AND REGIONAL APPROPRIATE LANDSCAPING. ; •: SOD HATCHED AREA. G y ;- ; SEED AND MULCH REMAINDER LIJ y% Q IRRIGATION NOTES: 20 1. IRRIGATION SYSTEM FOR SODDED AND LANDSCAPED AREAS IS NOT SHOWN BUT SHALL BE DESIGNED AND INSTALLED BY CONTRACTOR. 2. IRRIGATION SYSTEM TO INCLUDE ALL SPRAY HEADS, VALVES AND CONTROLLERS. } 3. LOCATE HEADS A MINIMUM OF 2'-0"FROM EDGE OF PAVEMENT/CURB. `\���oFEgSI0 w % Sti USSEL w' Z= . . tooLU W 2 LANDSCAPING CALCULATIONS- s ' IoW , TOTAL SITE AREA = 150,718 S.F. P�`� LANDSCAPING SYMBOL LEGEND �I81 VEHICULAR USE AREA =22,630 S.F. \: `Cf) ` `.`.`. -I- 2"0VERS TOR YTREE ` \ BUILDING& SIDEWALK AREA = 12,769 S.F. \ 1-1/2"UNDERS TORY TREES STREET FRONTAGE= 1,325 L.F. O. 5 GALLON SHRUBS OPEN AREA = 115,319 S.F. J o00 \ OPEN AREA - 115,319 S.F./ 150,718 S.F. - 76.5/ Ln N \ TOTAL REQUIRED POINTS = .04 * 150,718 =6,029 POINTS g� -MINIMUM POINTS FROM TREES =.65 *6,029=3,919 POINTS Q Q . A ) ,•' ; ;;,; REQUIRED VEHICULAR USE AREA =2 30 5/0 = 32 S.F. 43 S.F. PROVIDE o 11 0 VEHICULAR USE AREA POINTS - 04 *2 _ \ Q ` ` `; 30 - 905 POINTS W L , + 26 •'-'•;• ,; Ln REQUIRED FRONTAGE POINTS = 1,325 1.5= 1,988 POINTS z = _ — -,-,-,•, ,• 30 OVERSTORY TREES 30 80 00 POINTS .•.` * 24 (� O z O � o 40 UNDERSTORY TREES =40 *40 = 1,600 POINTS z _ 00 205 SHRUBS = 10 *205=2,050 POINTS W . TOTAL POINTS =2,400 + 1,600 +2,050 =6,050 POINTS>6,029 REQUIRED RM846.60 FL834.17(N,S) I CID O Q,., \ + :;:.:�5. . : : + ; .; SOD HATCHED AREA. z BENCHMARK ' : SEED AND MULCH SET RAILROAD SPIKE _ _ _ REMAINDER J ON EASE SIDE OF TREE ROOT :.:;: ;: ELEV.=847.83 - -- FL845.76 . . . - - p 46 X . . O . . . . . . . . . . . . . . +�. . . . . . . . . . - - 847 \ SM LLI Q.. Z Q 8' Clvi P — _ 8 \ 0 FIELD DRIVE V — J 45.25 + 1 =800492=8989 - _J l/< TREE 848 _ _ _ — — — — — — G G G G G G G G G G www iowaonecall com KI-E i'''i s below. Q w 'v^ –DT UT UT T — G G G G G C' \ Call 4erore you uiq- ~ V) AUT G G G \ + J G G '/ 0 �� —G �—d—UT_UT E. SHA ULIS ROAD J > Q --� —UT— UT�_�T UTILITY DISCLAIMER E. SHA ULIS ROAD — — — _ — — — — — + 0 s FOG LINE \ OT EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY s oV�a DysgRT \�T OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS 7 w w w ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE FOG LINE \\UT W W W PUBS/CLY s s ° w w w TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. IS NO THE CURACY R THE W w w w w w W QED/CgTEO RSG s -W° 1 w SW 1 ° �T PER WATERL000" WATER WORKS SUCHMAINJ INFORMATION GUARANTEE ALS RESPONSIBILITY BC ITY FOR O HE ACCUORACYTANDSS OF SHEET W W h'T_OF_�gY ,° s o <a /5/�/�y s °° 1 s V'a \UT (APPROXIMATE LOCATION FROM MAP) 20" WATER MAIN lygY° COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED PER WATERLOO WATER WORKS s ° (APPROXIMATE LOCATION FROM MAP) Page 113 of 356 W Z ° °210 W ~ EXCAVATE UNIFORM EDGE LAWN WITH SHARP TOOL dog any °Lo2 o� _ MINIMUM DEPTH OF SHREDDED EXISTING —III—III HARDWOOD MULCH IN PLANTING BED UNDISTURBED li III—III —III SOIL III III III-III- w III1 11= I1 I L I I I1 ' J I1 111 111 111 I EARTHEN EDGING DETAIL Q NO SCALE m 4(12 z 0 y m PLAN VIEW w 0 1-3/4" X 1-3/4" STAKES, 30" w OR MORE IN LENGTH, WITH �� -� 2-#14 GALVANIZED PRUNE ALL DAMAGED, DISEASED o WIRES ENCASED IN 2-PLY OR WEAK BRANCHES. MIN. 1/2" DIA. RUBBER HOSE. REFER TO SPECS FOR REMOVAL. SET TREE 1/8 DEPTH OF BALL 6' MIN. oFessloyq�%,, 20 •' HIGHER THAN ADJACENT GRADEMULCH 6DIAMETER AREA (OR Ag Fg q� ����A USSEL W Z WITH SFTRE96ED I-�A��IV T ON PLANS) - 3' HIGH SAUCER, 8' TO 12' WIDE. _ z= TO MINIMUM 3" DEPTH ......... ' ' . NOT TO EXCEED—\ - -III= I-- - REMOVE TOP 1/3 OF BURLAP. �'��, iowP \.� 3: 1 SLOPE �II' TOPSOIL MIXTURE: ����������1��`` l �I 2/3 EXISTING SOIL 11= =11 1/3 MoPOST OR SOIL MIXTURE REFER TO SPECS ( ) TREE PLANTING DRAIN TRENCH J N ON SLOPE J o00 TREE DETAIL- LESS THAN 3 1 Z2" CALIPER NO SCALE LL LL LL � o W W � ' � Z N � U CLEANLY PRUNE Q ONLY DAMAGED, L z DISEASED OR WEAK oz BRANCHES. " I ORIGINAL GRADE OF LLJ PLANT IN POT TO ' BE THE SAME AS - I 3" DEPTH OF SHREDDED FINISHED GRADE. HARDWOOD MULCH 3" HIGH SAUCER/8"-12"WIDE. 3 CUT SLITS IN ORGANIC 6 III— CONTAINER TO FACILITATE ROOT PENETRATION; IF L.L NON-ORGANIC, REMOVEIIIIII -III—III w LU L COMPLETELY UNDISTURBED SOIL 7 0 I LU p (D r TOPSOIL MIXTURE: v o z 2/3 EXISTING TOPSOIL n/ 1/3 MoPOST OR SOIL MIXTURE SHRUB DETAIL (REFER TO SPECS) Q L LI (� NO SCALE J J Q 0 p z 0 Q SHEET ksNI. C4 . 1 Page 114 of 356 TREATED PINE (USE GALVANIZED NAILS FOR 2"-4" FASTENING) SPACINGIF ANY PARCEL OF LAND ADJACENT TO THE 4x4 DEMISED PREMISES IS EITHER ZONED FOR STANDARD STATE APPROVED RESIDENTIAL USE OR IS ACTUALLY BEING USED FOR W HANDICAPPED SIGNAGE INSTALLED RESIDENTIAL PURPOSES ("RESIDENTIAL PROPERTY), ON A METAL COLUMN AT THE ULLESSOR SHALL CONSTRUCT o PROPER HEIGHT REQ UIRED. Jo,- FRONT 1X6 2X4 A PRIVACY FENCE IN ACCORDANCE WITH TENANT'S W w N PROTOTYPE PLANS AND ANY APPLICABLE TOP VIEW ORNAMENTAL a REQUIREMENTS ALONG ANY PORTION OF THE o�� DEMISED PREMISES BORDERING UPON SUCH a mN RESIDENTIAL PROPERTY. Of 8'-0" MAX. - :5. PROVIDE ADDITIONAL SIGNAGE POST SPACING BELOW THE HANDICAPPED SIGN AS REQUIRED PER REGULATIONS. w 4x4 4x4 BOLT SIGNS TO GALVANIZED4X4. O METAL PIPE COLUMN 1X6 1X6 m 2x4 2x4 � N z 6" DIAMETER CONCRETE FILLED _ STEEL PIPE BOLLARD, PAINTED YELLOW 0 J (.0 J_ u- Y m M Q N D m 1 1 1 1 1 H I III IIII I III I III III III I I I I I III III III III 11i CONCRETE SURROUND 1I IIIIIIII I11I -III IIIIIII I1=1I 4 MAx -I I1=1I1=1I1=1I1=1I ' Lu I' NOTE: NUMBER OF BOARDS WILL VARY -1 I_I =1 1=1 1 1=1 1=1 1=1 1=1 sPAciN� 11 1=1 1=1 1=1 1= N Qi AROUND PIPE COLUMN -111=III. =III III 111 111=III_ III III-111-N III a 1= DEPENDING ON SPACE BETWEEN -1111= III M II=illi ,Ill=i 1=I1 =SII=III=i I- "' iIl=iTl- �' 111 BOARDS AND ACTUAL WIDTH 0 -1 III_ EMIN , 1--i 1 I- 11 III=11 OF BOARDS. I I I D -II I L- -III 1=1 1 1 I l � ° 111- -III- -1=1=11 -III -III 1=III =III=III- LIJ J) 111 10" -W- Tl IIIIIIIIIIII=III; _ -III- 'I-1 111 111 I I- 1� l l l FRONT VIEW REAR VIEW Li 11 11 WOOD FENCE DETAIL s�� NOT TO SCALE 9�/T \\���� i i r r rriii MIN. BOLLARD WITH H.C. 1:12 MAX ,•�`0FEs.!ON SLOPE Q� Fy / PARKING SIGN o : • USSEL W '•Z BOLLARD DETAIL NOT TO SCALE STANDARD „ ,D,WP�`���``\ p� PARKING SPACE 6 CURB I STRIPING HEIGHT 4"x 6"GUTTER BOLLARD DOWNSPOUT--,.,,,, PAINTED YELLOW V 6”SIDEWALK ti�� �� Ln 2 J CURB (TYP) STEEL PLATE, cp, T 1:12 MAX J o DIAMOND PLATE �i �'' SLOPE •• 00 CID y _ H.C. BLUE PARKING ? z "' •`` - r SPACE STRIPE r Q . ' ct Z ��� U jjjjjjjjjjjmjm� w X � �o, o 0 O. W ON Ln U GUTTER DOWNSPOUT DETAIL ACCESS AISLE W z 1.12 @ SIDEWALK / SLOPE CONCRETE _ MAXIMUM NOT TO SCALE �, SIDEWALK AWAY Q SLOPE YELLOW 6,, F� C ' zo STRIPING A o FROM BUILDING 1/8 PER FOOT Z �r- 6" HIGH CURB SIDE ENTRY DETAIL KPc: D NOT TO SCALE BOLLARD WITH H.C. PARKING SIGN 6" 4000 PSI CONCRETE PAVEMENT (7" AT DUMPSTER PAD) STANDARD a PARKING SPACE J STRIPING Q as � a REFER TO GEOTECHNICAL REPORT FOR DETAILED PAVEMENT SPECIFICATIONS 7I"I"I 0 STRIPING NOTES Z (/) 0 0 0 0 0 0 0 0 0 0 0 w O J YELLOW CURBING SURFACES SHOULD BE CLEAN, DRY AND METAL SURFACES FREE OF o 0 0 0 � o HANDI CAP ACCESS r Q AND BOLLARDS HEAVY RUST 2 COATS SHERWIN WILLIAMS- KEM 4000 ACRYLIC 6" COMPACTED AGGREGATE BASE V 0 ALKYD ENAMEL SAFETY YELLOW B55Y300 0 0 0 0 0 0 0 0 0 0 o NOT TO SCALE - w STRIPING - SURFACES SHOULD BE CLEAN, DRY. TOP COAT SHERWIN LJJ PARKING LOT WILLIAMS - PROMAR TRAFFIC MARKING PAINT YELLOW TM5495 COMPACTED SUB GRADE J Q 0 HANDICAP SURFACES SHOULD BE CLEAN, DRY. TOP COAT SHERWIN 0 STRIPING - WILLIAMS - PROMAR TRAFFIC MARKING PAINT"H.C."BLUE PARKING LOT CONCRETE PA VEMEN T SECTION NOT TO SCALE SHEET C5 Page 115 of 356 2.35" W g I O O Z 0 M W Lu 6u1 - 6 O O O / TOP j-, OP OF CURB a 14" R. R. RADE CONTROL ° CD O O O O 3" R. 6 1/4" FOR SPILL GUTTER N a of (SPILL GUTTERS WHERE 7" PAVEMENT SLOPES AWAY O O O O w FROM CURB) O CONTRACTION JOINTS @ 20' INTERVALS 3/4" EXPANSION JOINTS @ ALL POINTS OF BEGINNING CURVATURE AND TANGENCY CONCRETE CURB & GUTTER DETAIL o m NOT TO SCALE NOTE: DETECTABLE WARNING SHALL CONSIST OF OF RAISED TRUNCATED DOMES WITH A DIAMETER OF 0.9", zo A HEIGHT OF NOMINAL 0.2", AND A CENTER-TO-CENTER SPACING OF NOMINAL 2.35". AND SHALL CONTRAST VISUALLY WITH ADJOINING SURFACES AND SHALL BE AN INTEGRAL PART v cn OF THE WALKING SURFACE. o - TRUNCATED DOME DETAIL w NOT TO SCALE Q 0 1" HOLES AT 120° AROUND PIPE 6" THREADED PVC CAP (9—HOLES REQ'D) TOP ELEV = 846.50 0z \ 6" SCH. 40 PVC PIPE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0\co)<O-: — `� ESSIONgz.,/� 0 00°0°0°0°0°0°0°0°0°0°0°0°0°0°0 0 0 2"-3" CRUSHED STONE Q .• •.. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - USSEL W 2C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 < °o�°O°O°O°O°O°O°O°O°O°° O°O°O°< U� 4' 48' _ :m O o 0 0 0 0 0 0 0 0 O O O :�� 0 0 0 0 0 0 0 0 0 0 0 0 0 < °O > o O O O O O O O o O O O 0 0 �0 0 0 0 0 0 0 0 0 0 0 < Q - O o a°O°0°O°O°O°0 o°O°O°< >°O°O°0000- 00000 A > 6' SCH. 40 PVC PIPE o 0 0 0 0 0 0 cn 0 0 0 0 : 0 0 0 0 0 0 < �I o 0 0 0 O O O 00< I OnOnOnOnOn a. e c o // O$< ELEV. 845.50 >o O a a. o v v 0 o O°°000000000000°°°°0000°° e e a a a .d e 6" PVC ELBOW A EXPANSION JOINTS ARE TO BE SET EVERYLn U 48'(MAX.)WITH z" EXPANSION MATERIAL AND BE J FLUSH WITH THE TOP OF THE WALK. EXPANSIONCD 00 MATERIAL SHALL BE SAME DEPTH AS SIDEWALK. PERFORATED RISER DETAIL CONTRACTION JOINTS SHALL �n ¢N BE PLACED EVERY 4' v NOT TO SCALE ct Z � � E W X o' FILL ALL DISTURBED AREAS WITH W o MINIMUM 4" LIGHTLY COMPACTED TOPSOIL WITH SEED AND MULCH n N #8 SMOOTH BARS @ �•/ - LL z TOP OF BERM TOP OF SPILLWAY 6" O.C. EACH WAY ELEV. 847.50 ELEV. 847.00 ����� ��p��G�p,.��.�� a• - � ��������T� III o� � W 4' 4" MINIMUM 4'x4' O.D. PRECAST CONCRETE SIDEWALK CONCRETE BOX SIDEWALK SHALL BE 4 CONSTRUCTED WITH 2% 4" MINIMUM 12 L.F., 12" HDPE 2 1 ( ) 5"0 ORIFICE MAXIMUM CROSS SLOPE. AGGREGATE BASE PIPE @ 0.83% SLOPE --\ ELEV. 846.05 \\\\\ SECTION A-A PERFORATED RISER SEE DETAIL \\� NOTES: J FLOOR OF DETENTION INV. EL. 845.40 ELEV. 845.50 1. 4000 PSI CONCRETE MIX SHALL BE USED ON ALL SIDEWALK. 2.ALL CONSTRUCTION SHALL CONFORM TO SUDAS SPECIFICATIONS AND ADA REQUIREMENTS. Lu 0 6" SCH. 40 PVC Z — (f� W � J °° SIDEWALK DETAIL (D O < #4 BARS @ 9" E.W. N CAST-IN-PLACE SLAB NOT TO SCALE 0. (/ ww 0 Q � _j F--- OUTFALL STRUCTURE DETAIL 0 0 NOT TO SCALE SHEET C5 . 1 Page 116 of 356 SITE UTILITY LEGEND SITE UTILITY LEGEND W U) \ \ O SS SANITARY SEWER FO FIBER OPTICS o V O \ BS LU BUILDING SEWER O ELECTRIC METER O Z w co z z Z �0 � — \ \ W WATER PIPING O GAS METER a 2 LJL U) GAS GAS PIPING O WATER METER 00- w Ui Z \ U) W w \ UG/E UNDERGROUND ELECTRIC p� FIRE HYDRANT _jW a �b O U Z Z Lo k9 \ \ OVERHEAD ELECTRIC PAD MOUNT TRANSFORMER OH/E U z O O m ZN o \ UNDERGROUND CONDUIT MANHOLE z w cn LuU G/C w ' \ MH w Q w \ UG/S UNDERGROUND SLEEVE Z z 77..��O ky \ OCOTG CLEANOUT TO GRADE z = \ T TELEPHONE W U \ / Z — \ m 0 �(� I•-- o z \ W v W \ 0 Q O v� Q � czZ � \ U � O (DrLU lll 00 # KEYNOTES w 0 RIM =844.68 \ Q U_ CFL= 833.59 (N,S) ELECTRICAL U U \ Zw \ E1 PROPOSED UNDERGROUND PRIMARY BY THE ELECTRIC UTILITY. S3 \ E2 PAD MOUNTED TRANSFORMER BY THE ELECTRIC UTILITY. THE E.C. SHALL W Q CONSTRUCT A CONCRETE PAD IN ACCORDANCE WITH THE ELECTRIC UTILITY'S } W \ SPECIFICATIONS. J = z � \ E3 UNDERGROUND SERVICE LATERAL BY THE ELECTRICAL CONTRACTOR. o m } O E4 CABINET AND METER SOCKET BY THE ELECTRICAL CONTRACTOR. 1-1/4" NIPPLE ; W z 0 .y \ BETWEEN THE CT CABINET AND THE METER SOCKET BY THE ELECTRICAL O 0 U) Si Ci,9 /G) \ CONTRACTOR. 0 U cl) S2 5 S – GP \ 9� E5 600 AMP 3-POLE NEMA 3R FUSED SERVICE DISCONNECT BY THE ELECTRICAL Q z � G2 \\ �'�d, CONTRACTOR. = w U) SS SS —�_ SS SS C �9 GAS z >ED z '9 s _ COTG SS COTG G� ti�20 G1 NATURAL GAS SERVICE PIPE BY THE GAS COMPANY. C� = w zU)/ �G0 \ \ ° OOS 2cS' G2 LOCATION F THE GAMETER WITH A SHUT-OFF VALVE ON THE SUPPLY SIDE AND A w z C >� 7"W.C. REGULATOR. THE NATURAL GAS LOAD WILL BE 430,000 BTUH. H a w Q MISCELLANEOUS `\ M1 4" PVC SLEEVE WITH PULL WIRE UNDER DRIVE. TURN UP AND WEATHERPROOF c� \ BOTH ENDS. SEWER W ` Si 4 BUILDING SEWER AT 1/4 PER 1 SLOPE WITH CLEANOUT TO GRADE WITHIN 51 OF O W3 (� `\ THE BUILDING AND EVERY 100' Z THEREAFTER AND AT EVERY HORIZONTAL CHANGE 00 C) C9`\ OF DIRECTION GREATER THAN 45°. � � W J N Y 7Z S2 CONNECT TO THE SANITARY SEWER. W Ow r n w Q E2 \\ S3 MANHOLE ELEVATIONS PROVIDED BY THE SURVEYOR. U U `J W Y ` = U Cy `� G1 WATER o Q W O H = J �ri�. \ W1 1-1/2"WATER SERVICE FOR DOMESTIC AND LAWN IRRIGATION USES. COORDINATE w a 00 \ \\ WITH THE WATER COMPANY FOR TAPPING REQUIREMENTS, ROAD BORING/CUTTING T_ wJ O G & PATCHING, ETC. W = J O W2 1-1/2"CURB STOP AT THE PROPERTY LINE. � O 0 _j 0 \ 00z W \ \\ W3 THE WATER METERS WILL BE INSIDE THE BUILDING AT THIS LOCATION. O 0 Qw 0 OSS W •�� o LU �v W 2 E3 O v z C7 C ` w !2 9S C)LU Q E4 �` °° vzi O E5 ` � (Dw w GG C� vv izz � 0 (n W 0W O W o w GG Ob ~ ° O cis \ z w = 2 0N N ¢ W W1 A W W w o ` W z mz N 0 LU V! O \ W z a�0 o IS, W 2L o' Q0,° a II N \ r ¢ L1J d \ ON/ VO \\ W Uj �/ C \ U rU = 0 v 1 EE W LL U) w C00 W O \ 0 Q N m LU W RIM 846.60 0 \ Uw0 zW� U = W GL W = Q Zai w w G' a ~ W�� j m M w FL=834.17 (N,S) 0 U) O m r a j a W o w C7 T _j M1 z d Foy ¢ W U wz o ¢ ° LU E1 � G,9 � Zw WWW o Z ~ N LU UG/S �' _ uS W o z 0of C7 W J H W }�� o z z 0 N (� LUw� zLU w n W2 C\ Uj O w z o v } 0 W =za w U ---- ---- -- - — — - — 0 O w \\�.� INE" I - ss — — — — — — — GAS GAS GAS GAS `SAS GAS w U '`��� w� T GAS GAS GAS \ w a = ° o w o _ — T T — r n c GAS GAS GAS GAS z w U _ � * Y ce o `: GAS GAS GAs SAS _ T \ _ _U) : z F_ H -W ��N O� wCC v W O wLU 06 0 LL 5 G�wAY V3 T vv U T vv z Q g DRAWN: GLE, RGO W W W �/ WW W g U) OU CHECKED: PDC W W W W W N/ W W� \ WT W Q �O DATE: 01-12-2021 W W W W W W , Z o o REVISION: \ l REVISION: \ , Q 2 U REVISION: W \, o z J REVISION: 2021-003 Q Z SHEET#: � Q = Know what's below. W W 0 Call before you dig. _ _j zSul 1 ~ a ° SITE UTILITY PLAN FIELD VERIFY AND COORDINATE ALL UNDERGROUND UTILITIES WITH STORM WATER N CUO) � SU1 SCALE: 1" =30'-O" DETENTION AND DRAIN PIPING TO AVOID CONFLICT/INTERFERENCE. N z p OQQ Page 117 of 356 Lu ( 1' (n l9 W v r O z w Q w w C7 Z 41 Qm v, 0 Oa Z6) LL, oz 4 LL Lu Q W J 4 Lu U Q ¢ ti)ZZ w � z o (f) U wcry z j U�lJ ^ W / LL W Q 1\/ w Lu _U aaa.+rrr w Z z z ' ' I 0 OL W wLu z U a z � 0 V J w w LU af J -i > �z/� zw O VJ w Q pQ � o M Z _� z J 0) O\ w w cV U w0 J Q� w0 J LL U_ U Z w 2 = W Q w J Z O � CO LuLu p J p w Z j00 0- W U GENERAL SITE UTILITY SPECIFICATIONS AND NOTES = ww � wco w00c� THESE PLANS AND SPECIFICATIONS ARE EACH PART OF AN INTEGRATED DESIGN SYSTEM. ANY MODIFICATION, ALTERATION, CHANGE, DELETION, ADDITION, OR w w z 1 SUBSTITUTION, OF OR TO ANY PART OF THE PLANS OR SPECIFICATION COULD RESULT IN PROPERTY DAMAGE, INJURY, OR EVEN DEATH, AND REQUIRES A FULL REVIEW OF (D = w THE ENTIRE SYSTEM BY A PROFESSIONAL ENGINEER. ANY UNAUTHORIZED MODIFICATION OF THIS DOCUMENT MAY CONSTITUTE UNLICENSED PRACTICE AS A w z PROFESSIONAL ENGINEER AND MAY VIOLATE LAWS REGULATING THE PRACTICE OF ENGINEERING. w z — Q WARNING TAPE ~ a w Q THIS APPLIES TO ALL MECHANICAL, ELECTRICAL & PLUMBING DRAWINGS: THESE DRAWINGS AND SPECIFICATIONS ARE NOT DETAILED FABRICATION DRAWINGS TYPICALLY J SHOWN IN STEP BY STEP INSTRUCTIONS. THEIR INTENT IS TO ESTABLISH THE MINIMUM STANDARD OF PERFORMANCE THAT IS ACCEPTABLE FOR THIS PROJECT. MAJOR O_ COMPONENTS ARE ITEMIZED AND SHOWN BUT, ALL THE WORK AND EACH INDIVIDUAL DEVICE IS NOT NECESSARILY DESCRIBED OR INDICATED IN INTRICATE DETAIL. THE FINISHED GRADE > CONTRACTOR IS EXPECTED TO INCLUDE THESE ITEMS IN HIS BID BY HIS FORESIGHT FROM PREVIOUS EXPERIENCE AND/OR WITH A DOLLAR CONTINGENCY AMOUNT FOR _ UNFORESEEN EXPENSES. THE CONTRACTOR SHOULD BE FAMILIAR WITH THE ARCHITECTURAL, STRUCTURAL, AND CIVIL PLANS ETC. BEFORE MAKING A BID. IF THE — 12' Z CONTRACTOR NEEDS STEP BY STEP INSTRUCTIONS TO COMPLETE THIS WORK OR IF HE IS NOT FAMILIAR WITH THE LOCAL CODES OR THE TYPE OF SYSTEMS BEING \\ W 2 INSTALLED, HE IS ADVISED NOT TO SUBMIT A BID OR TO WORK ON THIS PROJECT. FIELD MEASURING AND COORDINATING WITH OTHER TRADES IS MANDATORY. ALTHOUGH O THE DRAWINGS SHOULD BE SIMILAR TO THE ACTUAL DIMENSIONS, THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF THE DIMENSIONS OF THE WORK SHOWN. DO SELECTED BACKFILL N Y NOT SCALE DIMENSIONS OFF THE PLANS FOR FABRICATION. VERIFY WITH FIELD MEASUREMENT. COORDINATE WITH GENERAL CONTRACTOR EACH EQUIPMENT SIZE WITH WATER PIPE USE CLEAN GRAVEL z WO W J THE LOCATION WHERE IT IS TO BE INSTALLED BEFORE ORDERING. NOTIFY THE ENGINEER IF SPACE DOES NOT ALLOW FOR EQUIPMENT SPECIFIED. ALL SUCH DIMENSIONS 72" MIN. COVER UNDER PAVEMENT w w ^ d Q Q SHALL BE VERIFIED BY THE CONTRACTOR AND IT IS HIS RESPONSIBILITY TO FIT WORK INTO ALLOWED SPACE. ALL OFF-SETS AND SMALL CHANGES IN ROUTING ARE v W 2 CONSIDERED A PART OF THE SCOPE OF THE BASE BID FOR THIS PROJECT AND SHALL BE APPROVED BY THE ENGINEER OR ARCHITECT BEFORE INSTALLATION. SEWER PIPE U ~ W = Y O U ( Q 72" MIN. COVER SECURE TRACER O = J 3 THE ENGINEER IS NOT RESPONSIBLE FOR FIELD ACTIVITIES ON THIS PROJECT WITHOUT DIRECT INSPECTION OF WORK IN PROGRESS. WIRE ALONG TOP OFLu m PIPE w QofJ CONTRACTOR IS TO VISIT THE SITE AND FAMILIARIZE HIMSELF WITH ALL ON-SITE CONDITIONS, VERIFY ALL DIMENSIONS AND LOCATIONS OF EXISTING CONDITIONS, AND ~ w J O 4 MAKE CONNECTIONS TO LOCAL UTILITY COMPANY REQUIREMENTS AND IN ACCORDANCE WITH ALL APPLICABLE CODES AND REQUIREMENTS. THE CONTRACTOR IS TO 6 GRAVEL 0 J CONTACT THE LOCAL UTILITY COMPANY(S) &TO CONFIRM THE SCOPE OF RESPONSIBILITY FOR ALL UTILITY CONNECTION(S). wO z O Q W IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ARRANGE FOR CONNECTION AND TO COORDINATE ALL UTILITY SERVICES TO THE FACILITIES/BUILDING. THE6.. Q Q CONTRACTOR IS TO INCLUDE ALL COSTS, FEES, CHARGES, ETC. ASSOCIATED WITH THE CONNECTION OF NEW SERVICES (OR IN THE EVENT OF RENOVATIONS TO AN w p 5 EXISTING BUILDING, MODIFICATIONS TO EXISTING SERVICES) FOR THE BUILDING. ALL WORK IS TO BE DONE IN ACCORDANCE WITH ALL LOCAL CODES, THE UTILITY w COMPANY(S) STANDARDS, AND THE CURRENT BUILDING CODE. COORDINATE ALL ROUGH-INS WITH THE OWNER. p H UJ 6" MIN. 20 WATER SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR WATER SERVICE AS INDICATED ON DRAWINGS. CONTRACTOR SHALL w Z CONTACT THE LOCAL WATER DEPARTMENT AND ARRANGE FOR WATER SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, FEES, ETC., INCURRED BY p Q 6 LOCAL AUTHORITIES INTO BID. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR WATER SERVICE INSTALLATION. ALL WORK SHALL BE IN ACCORDANCE PIPE INSTALLATION (TYP) m U) WITH THE CURRENT PLUMBING CODE AND WITH THE REQUIREMENTS OF LOCAL AUTHORITIES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT NOT TO SCALE � w PROVIDED BY THE UTILITY COMPANY AND TO INCLUDE ALL COST(S)TO PROVIDE A WATER TAP/CONNECTION INTO HIS BID. z z_ _ z � �: O NATURAL GAS SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR GAS SERVICE AS INDICATED ON DRAWINGS. CONTRACTOR w 0, w SHALL CONTACT THE LOCAL GAS DEPARTMENT AND ARRANGE FOR GAS SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, FEES, ETC., INCURRED BY CLEANOUT SPECIFICATIONS z u) 2 af LOCAL AUTHORITIES INTO BID. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR GAS SERVICE INSTALLATION. ALL WORK SHALL BE IN ACCORDANCE C7 L H o 7 WITH THE CURRENT FUEL GAS CODE AND WITH THE REQUIREMENTS OF LOCAL AUTHORITIES. NORMALLY THE UTILITY COMPANY SHALL MAKE THE MAIN TAP AND PROVIDE 1 ALL HORIZONTAL DRAINS SHALL HAVE CLEANOUTS LOCATED NOT MORE THAN 100 w w �_ 2 o N w THE METER AND METER MANIFOLD AS WELL AS ALL PIPING, TRENCHING AND BACKFILL FROM THE GAS MAIN TO THE METER. NORMALLY THE CONTRACTOR SHALL PROVIDE FEET APART. = z m z uj ~ ALL PIPING FROM THE METER TO THE FIXTURES. IT IS THE CONTRACTORS RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT PROVIDED BY THE UTILITY COMPANY AND TO z C� a a a INCLUDE ALL COST(S)TO PROVIDE A COMPLETE GAS TAP/CONNECTION INTO HIS BID. 2 ALL BUILDING SEWERS SHALL BE PROVIDED WITH CLEANOUTS LOCATED NOT MORE wz W o M H u�- a THAN 50 FT. APART MEASURED FROM THE UPSTREAM ENTRANCE OF THE CLEANOUT. w w Q o i SEWER SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR SEWER SERVICE AS INDICATED ON DRAWINGS. CONTACT THE LOCAL O ~ ¢a a 3 CLEANOUTS SHALL BE INSTALLED AT EACH CHANGE OF DIRECTION OF HORIZONTAL z - AUTHORITIES AND ARRANGE FOR SEWER SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, FEES, ETC., INCURRED BY LOCAL AUTHORITIES INTO BID. a = w Q W co WASTE OR SOIL LINES, WHICH IS GREATER THAN 45 DEGREES. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR SEWER SERVICE INSTALLATION. ALL WORK SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF � O z N W THE CURRENT INTERNATIONAL PLUMBING CODE (IPC)AND WITH THE REQUIREMENTS OF LOCAL AUTHORITIES. NORMALLY THE CONTRACTOR SHALL MAKE THE SEWER TAP, 4 A CLEANOUT SHALL BE PROVIDED AT THE BASE OF EACH WASTE OR SOIL STACK. } w o a o N co u) 8 BE RESPONSIBLE FOR ALL PIPING AND ASSOCIATED TRENCHING, AND BACK FILL FROM THE SEWER CONNECTION POINT TO THE BUILDING. IT IS THE CONTRACTORS O a w z o uj a RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT PROVIDED BY THE UTILITY COMPANY AND TO INCLUDE ALL COST TO PROVIDE A COMPLETE SEWER SERVICE 5 ~ uj>uj W W W PROVIDE A CLEANOUT NEAR THE JUNCTION OF THE BUILDING DRAIN AND THE 0 W = W W INSTALLATION/CONNECTION INTO HIS BID. PROVIDE WASTE LINE BACKWATER VALVE IN ACCESSIBLE PLACE IF EITHER TOP OF MANHOLE UPSTREAM OR DOWNSTREAM IS U w z w U = ( ) BUILDING SEWER. CLEANOUT TO BE BROUGHT UP TO FINISHED GRADE LEVEL. w 2 Q 3 a w HIGHER THAN FINISHED FLOOR ELEVATION. a } zLuco o m M U) (� m �Q z 2 o w W W W UNDER GROUND ELECTRICAL SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR ELECTRICAL SERVICE AS INDICATED ON o w u)W u A DRAWINGS. CONTACT THE LOCAL ELECTRICAL UTILITY COMPANY AND ARRANGE FOR ELECTRICAL SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, U a w a o M FEES, ETC., INCURRED BY UTILITY COMPANY INTO BID. PROVIDE ALL MATERIALS AS REQUIRED BY LOCAL AUTHORITIES FOR ELECTRIC SERVICE INSTALLATION. ALL WORK U w > z c Z W N SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF THE CURRENT NATIONAL ELECTRICAL CODE (NEC), WITH THE CURRENT NFPA LIFE SAFETY CODE, AND WITH THE J Zcli c� w o z m a _ 2 REQUIREMENTS OF LOCAL AUTHORITIES. NORMALLY THE UTILITY COMPANY SHALL PROVIDE THE PAD MOUNTED TRANSFORMER, METER, AND PRIMARY WIRING. NORMALLY w } ° z Z o N 9 THE CONTRACTOR SHALL PROVIDE THE CONCRETE PAD FOR THE TRANSFORMER, THE CT CABINET, METER BASE, ASSOCIATED TRENCHING AND BACKFILL FROM THE w w u- F z J W co ELECTRIC JUNCTION CABINET TO THE TRANSFORMER, AS WELL AS ALL CONDUIT AND WIRE FROM THE TRANSFORMER TO THE CT CABINET, AND/OR BUILDING ELECTRIC O =z a } a CONCRETE CLEANOUT BOX W/ w _ a a ::i 2 m w SERVICE AS SHOWN ON THE ELECTRIC SERVICE RISER DIAGRAM. IT IS THE CONTRACTORS RESPONSIBILITY TO CONFIRM WHAT IS OR IS NOT PROVIDED BY THE UTILITY U p m FINISHED GRADE METAL FRAME AND COVER Z) w COMPANY AND TO INCLUDE ALL COST TO PROVIDE A COMPLETE ELECTRICAL CONNECTION INTO HIS BID. THE PHOTOMETRIC OF THE EXTERIOR LIGHTING WILL BEA METAL CLEANOUT BOX NEENAH NEENAH R-6400AS OR EQUIV. � > ~ MAXIMUM OF 1-FOOT CANDLE ON THE PROPERTY LINE, WITH AN AVERAGE OF 5-FOOT CANDLE OVER THE EXTERIOR PROPERTY. NOTE THAT THE WALL-PAKS ARE FINISHED GRADE ( ( ) 0 W w \\�� 1NEER R-7506 OR EQUIV.) � ,� w � � •.. •• •••.. SPECIFIED TO HAVE SHIELDS TO CONFINE THE LIGHT TO THIS PROPERTY. w w � a &5 :_;0�: owo Q= 10 SERVICE VALVES (SHUT OFF VALVES) LOCATED IN AN ACCESSIBLE, SERVICEABLE LOCATION ARE TO BE PROVIDED FOR HOSE BIBS. z T_ ADJUSTABLE HEAD C7 = _ =W v o o ' 0 - i 4" MIN. CONCRETE i z �_ �_ THREADED CLEAN w 0 w '`y ' U TELEPHONE SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR TELEPHONE SERVICE AS INDICATED ON DRAWINGS. ENCASEMENT OUT PLUG. w xs O 0 '•. a CONTRACTOR SHALL CONTACT THE LOCAL TELEPHONE COMPANY AND ARRANGE FOR TELEPHONE SERVICE AS INDICATED ON DRAWINGS. INCLUDE ALL COSTS, CHARGES, THREADED CLEAN OUTp '�O S O� ��\ 11 FEES, ETC., INCURRED BY TELEPHONE COMPANY INTO BID THE CONTRACTOR SHALL PROVIDE A 4" CONDUIT AS SHOWN ON THE PLANS FOR USE BY THE UTILITY COMPANY PLUG. w0 O w i,� �N31 \ IN BRINGING TELEPHONE SERVICE INTO THE BUILDING. PROVIDE A 4' x 8' x 3/4"THICK EXTERIOR GRADE PLYWOOD PANEL FOR MOUNTING COMMUNICATION EQUIPMENT. U) p J PANEL TO BE PAINTED WHITE (FIRE RESISTANT PAINT). F_ F_ 0- z Q 2 DRAWN: GLE, RGO W2 c i 0 CHECKED: PDC CABLE SERVICE: CONTRACTOR SHALL COORDINATE WITH ARCHITECT AND OWNER TO ARRANGE FOR CABLE SERVICE AS INDICATED ON DRAWINGS. CONTRACTOR SHALL 3� Of DATE: 01-12-2021 12 PROVIDE A ROUGH-IN CONDUIT FOR CABLE SERVICE AS INDICATED ON DRAWINGS. THE CONTRACTOR SHALL PROVIDE AN EMPTY 4" CONDUIT AS SHOWN ON THE PLANS < 0 REVISION: FOR USE BY THE UTILITY COMPANY IN BRINGING CABLE SERVICE INTO THE BUILDING. z z w 0 0 REVISION: WYE 45° BEND WYE 45° BEND REVISION: SPECIFICATION REQUIREMENTS ARE THAT THE DIFFERENT TRADES ARE TO COORDINATE WITH EACH OTHER. THE MECHANICAL CONTRACTOR IS TO LOOK AT AND BE Q g U FOR PIPE SIZE AND FOR PIPE SIZE AND 13 FAMILIAR WITH THE PLUMBING AND ELECTRICAL SHEETS. THE PLUMBING CONTRACTOR IS TO LOOK AT AND BE FAMILIAR WITH THE MECHANICAL AND ELECTRICAL SHEETS. cn O W REVISION: THE ELECTRICAL CONTRACTOR IS TO LOOK AT AND BE FAMILIAR WITH THE PLUMBING AND MECHANICAL SHEETS. MATERIAL, REFER TO MATERIAL, REFER TO z < O JOB#: 2021-003 GRADING PLAN GRADING PLAN J Q 0- SHEET#: CONTACTORS ARE TO VISIT THE JOBSITE, TO INSPECT ANY AND ALL EQUIPMENT AT THE SITE, TO INSPECT ANY AND ALL EQUIPMENT THAT IS BEING PURCHASED AND/OR — — — — — — � z = MOVED FROM ANOTHER LOCATION OR SITE TO THE NEW SITE, TO CHECK ANY AND ALL NAMEPLATES AND TO VERIFY UTILITY REQUIREMENTS, THEN TO VERIFY, CONFIRM FLOW FLOW p 14 AND COORDINATE WITH THE DRAWINGS. DISCREPANCIES ARE TO BE COORDINATED WITH THE ENGINEER. CONTRACTOR INSPECTIONS AND VERIFICATIONS ARE TO BE U) � O_ PRIOR TO PREPARING THE NEW SITE. W = 0SU2 15 SPECIFICATION REQUIREMENTS ARE THAT THE DIFFERENT TRADES ARE TO COORDINATE WITH EACH OTHER. THE MECHANICAL, PLUMBING, AND ELECTRICAL CLEANOUT/UNPAVED AREA (TYP) CLEANOUT/PAVED AREA (TYP) o cl) CONTRACTORS ARE TO LOOK AT AND BE FAMILIAR WITH THE SITE UTILITY SHEETS. COORDINATE DOES NOT MEAN "I WAS HERE FIRST". NOT TO SCALE NOT TO SCALE N z o OQQ Page 118 of 356 i : Y Prepared By and Return To:Aric A.Schroeder City of Waterloo.715 Mulberry Strcet Waterloo to 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414,5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS,the owners of property in the City of Waterloo currently zoned"A-I"Agricultural District and requested to be zoned"C-P"Planned Commercial District,generally located northeast of 2600 East Shaulis Road,and legally described as(hereinafter"Property"): V Thal parl of Government Lot 4,in Section 12;And Tltat part of the Southeast Quarter of the Southeast Quarter of Section 12, !> Township 88 North,Range 13 West of fhe 511 principal Meridian,in Black Hawk County,Iowa lying Southwesterly ofthe center line of U.S,Highway Number,218 eveept that part deeded to the Slate of lows in 538 LD 150. 4 f= And l That part of the Soatheast Quarter of the Southeast Quarter Section 12, Township 88 North,Range 13 West oflhe 5th Principal Meridian,Black Hawk County,Iowa described ns follows:Commencing at the Southeast corner of said Section 12; thence South 88 degrees,43%minutes West 397.8 feet along the South line of the Southeast Quarter ofsaid Section 12 to the point ofbe inning;thence continuing on said South line South 88 degrees 43%minutes West 35.5feet thence North 49 Ii degrees 56%/minutes West 147,4 feet;thence North 45 degrees 21'/:minutes West 128.9 feet;thence North 28 degrees 56!12 minutes West 154.1 feet;thence South 44 Degrees 33 minutes East 448.6 feet to the point ofbeginning. HEREBY agree to the following conditions on the above-described Property: f 1. That sidewalk be installed along the frontage of the property. 2, That sidewalk approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail across Shaulis Road. 3. That the Shaulis Road pedestrian crossing will initially be an unmarked crossing,however the applicant would be responsible to install the crossing and related elements(painting,signage and wired rectangular rapid flashing beacons)in the future if the City of Waterloo determines that they are warranted based on pedestrian use and safety. 4. That a street light be installed within the right-of-way of Shaulis Road at the proposed driveway. 5. That the landscape plan is updated in order to incorporate 4 recommendations from the Highway 218 Corridor Design Review Board(list tree/shrub species that are diverse and suitable to climate;update landscape plan to cluster trees with a more natural appearance;group shrubs together within parking lot and near building in a larger bed of mulch;and utilize parking lot islands to better cluster shrubs. 6. That the roof contains a solid color to reduce or eliminate glare. NOW THEREFORE,it is agreed by the owners that any proposed change in the use or conditions of the Property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission,for its recommendation to the City Council who will review and approve the proposed change to the above-described Property. These conditions have been placed on the above-described Property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant,I(we)herein declare that the conditions shall govern the entire Property as described above,which restrictions shall run with the land and be binding on the successors,heirs and assigns,and herein agree: 1)that these conditions shall not prohibit i'. the division or subdivision of said Property in compliance with the City of Waterloo Zoning Ordinance No. 5079 as amended and the City of Waterloo Subdivision Ordinance No.2997 as amended,however each subdivided part thereof shall be subject to the terms of these conditions,2)that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. It Page l of 2 Conditions of Zoning—Dol lar General Northeast of 2600 East Shauhs Road Page 119 of 356 r is further understood that these conditions shall not be deemed a limitation or repeal of any other conditions, restrictions,or covenants placed on the above-described Property. Agreed to this 17 day of Fe t ry c.+ 2021 Property Owner For U versity of 14orthi0estern By: j Q.yo+v 6. K a wff6,_-V_ Its: On this day ofFf brUj3j'V 20�before me,the undersigned,a Notary Public in and for the State of W(nnf(otic,personally appeare r to me known to be the identical person(s) named herein and who executed the foregoing nstrument add acknowledged that they executed the same as their voluntary act and deed. SEAL a79"t.,, HANNAH G FREY 4r' Notary Public State of Minnesota �x `; My Commission Expires Not Public in and o the St u of r1n ,�r f-te, January 3l,2025 �' �!`�I� l A Rezone Applicant For DGOGWaterlo 'al l 42020 C(DSA llar General) Its: MR-4'"k3 /Z1o" On this 11744 day of6?�,2021,beforeme,the undersigned,a Notary Public in and for the State ofA4/350iict ,personally appeared h?n!t#y*"bw to me known to be the identical person(s) named herein and who executed the foregoing instrument acknowledged that they executed the same as their voluntary act and deed. SEAL RUSSELL WAYN€DOSS Notary Public-Notary 5eal Howell County-State of Missouri Notary Public in and for the State o _�/.7bow,yl Commission Number 15052085 My Commission Expires May 22, 2023 Page 2 of 2 M itions of Zoning—Dollar General Northeast of 2600 East Shaulis Road Page 120 of 356 Northeast of 2600 Shaulis Road — Rezone y { f W � � �• r� =-'f Looking northeast from Shaulis Road toward US Highway 218. I Looking northwest from Shaulis Road toward Isle of Capri Casino Page 121 of 356 3111wirk Looking west along Shaulis Road toward Isle of Capri Boulevard. 6-7 Looking across Shaulis Road toward the entrance of the new theme park. Page 122 of 356 F w 6A • 4 r,N ; 1 &i 1 __ - .__ _� �. E fie. T '��• �." Q.V i:'. APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 I.APPLICATION INFORMATION: a. Applicant's name(please print): DGOGWaterlooia11042020 LLC Address: 1598 Imperial Center Phone: 417-256-4790 Fax: 417-256-8152 City: West Plains State: Missouri Zip: 65775 b. Status of applicant: (a)Owner (b)Other x (CHECK ONE): If other explain: contract buyer c. Property owner's name if different than above(please print):_..University of NW-St . Paul Address: 4880 Texas Street Phone: Fax; City: Waterloo State: Iowa Zip: 50701 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Between Route 218 and Shaulis Road north of Shaulis Road. b. Legal description of property to be rezoned: see attached survey c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): 3 .46 acres e. Current zoning: Al Requested zoning: C2 f. Reason(s)for rezoning and proposed use(s)of property- development roperty:develo ment of a Dollar General retail store g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$380+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. MAL Signature o Date Signature of Owner Date Page 124 of 356 CITY OF WATERLOO Council Communication Sale and conveyance of property located north of 3488 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement. City Council Meeting: 3/15/2021 Prepared:2/17/2021 ATTACHMENTS: Description Type ❑ Development Agreement Backup Material ❑ Map Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property to Camenzind Masont�4 LLC, in the amount of$1.00,,generally SUBJECT: located north of 3488 Wagner Road, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a Development and Minimum Assessment Agreement with Camenzind Masonry, LLC, for the construction of a new industrial building, with outdoor storage, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve the Development agreement, Minimum Assessment Agreement and Sale and Conveyance The City has owned the land since 2016. Camenzind Masonry, LLC plans Summary Statement: to construct one 10,900 square foot building along with an outdoor storage space on the property. Construction would begin in the fall of 2021 and be completed by summer of 2022. Expenditure Required: None Source of Funds: NA Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not sell Legal Descriptions: Lot 5, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 125 of 356 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2021, by and between Camenzind Masonry, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) Page 126 of 356 restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a new commercial building of approximately 10,900 square feet or greater, and related parking, landscaping, and other improvements to the buildings and grounds, including but not limited an outside storage area behind the building surrounded by a chain link fence (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. Company must obtain a building permit and begin construction no later than November 1, 2021 (the "Project Start Date") and substantially complete construction no later than July 31, 2022 (the "Project Completion Date"). If Company has not begun the construction of the Improvements in good faith by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, 2 Page 127 of 356 provided that Company shall indemnify City and hold it harmless as set forth in Section 4. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, riot or civil disturbance, court order, government regulation or directive, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 128 of 356 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $550,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until substantial completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have 4 Page 129 of 356 a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. F. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. G. Until termination of the MAA, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 5 Page 130 of 356 B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about 6 Page 131 of 356 the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Reserved. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall 7 Page 132 of 356 include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 217 Rhey Street, Waterloo, Iowa 50703, Attention: Michael Camenzind. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, 8 Page 133 of 356 postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 9 Page 134 of 356 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 Page 135 of 356 CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Michael Camenzind 11 Page 136 of 356 EXHIBIT "A" Legal Description of Property: Lot 5, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 137 of 356 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), CAMENZIND MASONRY, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $550,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on the schedule set forth in the Development Agreement, which shall be no later than December 31 , 2022. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, Page 138 of 356 2032. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 2 Page 139 of 356 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2021, by Michael Camenzind as Managing Member of Camenzind Masonry, LLC Notary Public 3 Page 140 of 356 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Five Hundred Fifty Thousand Dollars ($550,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 141 of 356 y' i Vis^ t' i r, 0 t: .. Lu W z c� �eMfi Isis 4Y y Citi] of Waterloo, Iowa W�E S Page 142 of 356 CITY OF WATERLOO Council Communication FY 2021 Riverfront Stadium Electrical Repair Project, Contract No. 1046. City Council Meeting: 3/15/2021 Prepared:2/24/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Contract and Certificate of Insurance Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comment on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, bid documents, SUBJECT: form of contract, estimate of cost etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of bid to Community Electric of Waterloo, Iowa in the amount of$131,500 in conjunction with the FY 2021 Riverfront Stadium Electrical Repair Project, Contract No. 1046, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager Recommended Action: Approve. The project consists of the repair and replacement of damaged electrical Summary Statement: cabinets, panels, conductors and other damaged parts caused by electrical fire at Riverfront Stadium on January 5, 2021. Expenditure Required: $0000.00 Source of Funds: Riverfront Stadium Bond Funds and Insurance Reimbursement Policy Issue: This project supports the City of Waterloo Strategic Plan, Strategy 4.5 "Maintain City facilities that support quality of life." Page 143 of 356 Bid Tab FY 2021 Riverfront Stadium Electrical Repair Project Project # 21-003 Bid Opening: March 4, 2021 Bid Estimate: $150,000.00 Bidder Bid Bond Base Bid Alternate Unit Price 1 Unit Price 2 #I/DED Community Electric Inc. 5% Waterloo, IA $131,500.00 $1,420.00 $15.20 $3.60 Page 144 of 356 COMMU-2 0 I ACOl2 L7 DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 03110/2021 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE'DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(los)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 319-233-6103c SACT Janan Timmer The Sinnott Agency,Inc. PHONE 319-233 6103 FAX 319-234-8133 622 W 4th St.,PO 607c 1918 3AIC,Na,Ext): (AIC,N�: Waterloo,IA 50704 ao�A1Es ,aanant@sinnottagency.com Steven Sinnott _.._ INSURER(SLAFFORDING COVERAGE NAIG p INSUREFA,Continental Western Group 10804 SU NRED INSURER BGtommunit Electric Inc 1510 FALLS AVE INSURER c WATERLOO,IA 50701 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !NSR TYPE OF INSURANCE DOLNS D UBR POLICY NUMBER POL€CY EFF POLICY EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACHOGGURRENCE $ 1,000,000 CLAIMS-MADE occuR X CPA3236427-20 03!0112021 03!0112022 oaMAG£TORENrED 500,000 p E IS 5 Ea occurrence S MED EX ( 5one person)erson) 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ��Rsoi F-1LOC PRODUCTS-COMPIOP AGG $ 2,000,000 i OTHER: .-..�. E X AUTOMOBILE LIABILITY �O MIMED€SINGLE LIMIT $ 1,000,000 [ acr X ANY AUTO CPA3236427-20 03/01/2021 03/01/2022 BOD]LY INJURY Per person) $ OWNED SCHEDULED AIURRT��OppS ONLY AUTOS SSWNEp BODILY INJURY Per accident At1T05 ONLY N042 ONLY PeOacEcR �I AMAGE $ _ i•1, $ A UMBRELLA LIAB X OCCUREACH OCCURRENCE 5 6,000,000 X EXCESS LIAR CLAIMS-MADE CPA3236427-20 03/01/2021 03/01/2022 AGGREGATE $ 6,000,000 DED X RETI:N7ION$ 0 A WORKERS COMPENSATION �( STAR 0TH- AND ROPRIEERS'LI RTNEWBILITY WCA3236428-20 03/01/2021 03/01/2022 1,000,000 ANY PROPRIETOR1PgRTNERlEXECUTIV£ Y� E,L.RACHACCIDENT $ �nn nnar PIn SIE€ Exc€ua£D� NIA 1,000,000 E.L.DISEASE-EA EMPLOYE $ It yes,describe under 1,OOD,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE_POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may Go attached IF Snare space Is required) WHEN REQUIRED IN WRITTEN CONTRACT:ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY PER CLCG0492 10118. CANCELLATION NOTICE INCLUDED PER POLICY PROVISIONS. PROJECT: RIVERFRONT STADIUM FIRE REPAIR CERTIFICATE HOLDER CANCELLATION CITYWLO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF WATERLOO ACCORDANCE WITH THE POLICY PROVISIONS. 715 MULBERRY ST WATERLOO, IA 50703 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' Page 145 of 356 =�'•�= Document A1010 - 2017 Standard Form of Agreement Between Owner and Contractor where the bans of payment is a Stipulated Sum AGREEMENT made as of the Fifteenth day of March in the year Two Thousand Twenty- One ADDITIONS AND DELETIONS: The author of this document has (Paragraph Deleted) added information needed for its completion.The author may also BETWEEN the Owner: have revised the text of the original AIA standard form.An Additions and (Paragraph Deleted) Deletions Report that notes added information as well as revisions to Waterloo Leisure Services,City of Waterloo the standard form text is available 1101 Campbell Avenue,Waterloo,la 50701 from the author and should be Telephone Number: 319-291-4370 reviewed.A vertical line in the left Fax Number: 319-291-4297 margin of this document indicates where the author has added and the Contractor: necessary information and where the author has added to or deleted (Paragraph Deleted) from the original AIA text. This document has important legal Community Electric Inc, consequences.Consultation with an 1510 Falls Avenue Waterloo,la 50701 attorney is encouraged with respect Telephone Number: 319-234-2580 to Its completion or modification. The parties should complete A101(0--2097,Exhibit A, Insurance for the following Project: and Bonds,contemporaneously with this Agreement.AIA Document (Paragraph Deleted) A2010-2017,General Conditions of the Contract for Construction,is FY 2021 Riverfront Stadium Electrical Repair Project adopted in this document by 850 Park Rd.,Waterloo,Ia 50703 reference.Do not use with other This project consists of replacing damaged electrical switchgear,conduits,and general conditions unless this conductors caused by the fire on January 5,2021, document is modified. The Engineer: (Paragraph Deleted) MODUS Engineering 214 E 4th Street Waterloo,la 50703 Telephone Number: 319-235-0650 The Owner and Contractor agree as follows. Init. AIA Document A101e—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA logo,"A101,"and"AIA Contract Documents"are 1 registered trademarks and may not be used without permission.This document was produced by AIA software at 10:14:04 ET on 03111/2021 under Order i No,0594029435 which expires on 0110712022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of service.To report copyright violations,e-mail copyright[aia.org. Pagii�91466 pf 356 User Notes: i TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary,and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement, and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations, or agreements,either written or oral.An enumeration of the Contract Documents, other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be: (Check one of the following boxes) [ ] The date of this Agreement. [X] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. §3.2 The Contract Time shall be measured from the date of commencement of the Work. §3.3 Substantial Completion §3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: Init. AIA Document A101m—2017.Copyright @ 1915,1918,1925,1937,1953,1958,1961,1963,1967,1974,1977, 1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are 2 registered trademarks and may not be used without permission.This document was produced by AIA software at 10:14:04 ET on 03!11!2021 under Order t No.0594029435 which expires on 0110712022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail copyright@aia.org. Pagghq ,1723 29f356 User Notes: ALJF( (Check one of the following boxes and complete the necessary information) [ ] Not later than ( )calendar days from the date of commencement of the Work. [X] By the following date:May 18,2021. §3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date §3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages, if any,shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One Hundred and Thirty-One Thousand Five Hundred Dollars and Zero Cents l ($ 131,500.00),subject to additions and deductions as provided in the Contract Documents. §4.2 Alternates §4.2.1 Alternates,if any,included in the Contract Sum: Item Price Alt#1 Labor and Materials -1,420.00 §4.2.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Agreement.Upon acceptance,the Owner shall issue a Modification to this Agreement. (Paragraph Deleted) Item Price Conditions for Acceptance §4.3 Allowances,if any,included in the Contract Sum: (Paragraph Deleted) Item Price §4.4 Unit prices,if any: (Paragraph Deleted) Item Units and Limitations Price per Unit($0.00) Provide a Unit Price for 500 MCM Conductor Linear Foot 15.20 ` Provide Unit Price for#110 Conductor Linear Foot 3.60 §4.5 Liquidated damages,if any: (Paragraph Deleted) $500/day §4.6 Other: Init. AIA Document A101®—2017.Copyright @ 1915,1918,1925,1937,1951,J958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"'AIA,'the AIA Logo,"A101,`and"AIA Contract Documents"are 3 registered trademarks and may not be used without permission.This document was produced by AIA software at 10:14:04 ET on 031111/2021 under Order ! No.0594029435 which expires on 0110712022,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.arg. PaQ%,14429f 356 User Notes: �l (Paragraph Deleted) ARTICLE 5 PAYMENTS §5.1 Progress Payments §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the 15th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than (30)days after the Architect receives the Application for Payment, (Paragraph Deleted) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form,and supported by such data to substantiate its accuracy,as the Architect may require.This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 In accordance with AIA Document A201TM-2017,General Conditions of the Contract for Construction,and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: §5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction,or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing;and .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified. §5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; ,2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of ATA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. Init. AIA Document A10191-2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects,All rights reserved.The"American Institute of Architects,'"AIA,'the AIA Logo,W 01,"and"AIA Contract Documents"are 4 registered trademarks and may not be used without permission.This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order ! No.0594029435 which expires on 01/07/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Pag#I914Apf 356 User Notes: §5.1.7 Retainage §5.1.7.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Paragraph Deleted) 5% §5.1.7.1.1 The following items are not subject to retainage: (Paragraph Deleted) §5.1.7.2 Reduction or limitation of retainage,if any,shall be as follows: (Paragraph Deleted) §5.1.7.3 Except as set forth in this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Paragraph Deleted) §5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor,the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 Final Payment §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any,which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment,including retainage to the Contractor,shall be made no later than 30 days after City Council's final acceptance of work,or as follows: §5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Paragraph Deleted) Init. AIA Document A1019—2047.Copyright©19115,4918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,""AIA,"the AIA Logo,"A101,"and"AIA contract Documents"are 5 registered trademarks and may not be used without permission.This document was produced by AIA software at 10:14:04 ET on 03]1112021 under Order 1 No.0594029435 which expires on 0110712022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of service.To report copyright violations,e-mail copyright@aia.org. Pag9EJA 39f 356 User Notes: ARTICLE 6 DISPUTE RESOLUTION §6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017,unless the parties appoint below another individual,not a party to this Agreement,to serve as the Initial Decision Maker. (Paragraph Deleted) §6,2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Paragraph Deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [X] Litigation in a court of competent jurisdiction [ ] Other(Specify) If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in,a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in At icle 14 of AIA Document A201-2017. §7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Contractor a termination fee as follows: (Paragraph Deleted) §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, §8.2 The Owner's representative: (Paragraph Deleted) Travis Nichols,Facilities/Project Mangaer 1101 Campbell Avenue,Waterloo,Ia 50701 Telephone Number; 319291-4370 Fax Number:Fax Number: 319-291-4297 Init. AIA Document A101®—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977, 1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,"*AIA,'the AIA Logo,"A101,'and"AIA Contract Documents"are 6 registered trademarks and may not be used without permission.This document was produced by AIA software at 10:14;04 ET on 03!11!2021 under Order No.0594029435 which expires on 01107/2022,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. PageJRf 356 User Notes: §8.3 The Contractor's representative: (Paragraph Deleted) Mike L.Palmer,President 1510 Falls Avenue Waterloo,la 50701 Telephone Number: 319-234-2580 §8,4 Neither the Owner's nor the Contractor's representative shall be changed without ten days'prior notice to the other party. §8.5 Insurance and Bonds §8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document AlOIT1,- 2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A,Insurance and Bonds,and elsewhere in the Contract Documents. §8.5.2 The Contractor shall provide bonds as set forth in AIA Document Al01Tm-2017 Exhibit A,and elsewhere in the Contract Documents. §8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203Tm--2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (Paragraph Deleted) §8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 This Agreement is comprised of the following documents: .1 AIA Document Al Olm-2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document Al O1T14-2017,Exhibit A,Insurance and Bonds .3 AIA Document A201Tm--2017,General Conditions of the Contract for Construction .4 AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below: (Paragraph Deleted) .5 Drawings Number Title Date E001 Cover Sheet 02/11/2021 E501 Electrical Details 02/11/2021 .6 Specifications Inif. AIA Document A101®—2017.CopyrightO 1M,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1967,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are 7 registered trademarks and may not be used without permission.This document was produced by AIA software at 10:14:04 6T on 03111!2021 under Order 1 No.0594029435 which expires on 0110712022,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@ata,org. Pagg9j§,g2pf 356 User Notes: Section Title Date Pages See attached sections .7 Addenda,if any: Number Date Pages Addendum#1 02/26/2021 11 Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Paragraph Deleted) [ ] AIA Document E204T"-2017, Sustainable Projects Exhibit,dated as indicated below: (Paragraph Deleted) j ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents, AIA Document 4201TIA-201 7provides that the advertisement or invitation to bid,.Instructions to Bidders, sample forms, the Contractor's bid or proposal,portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if intended to be part of the Contract Documents) This Agreement entered into as of the day and year first written above. Z_ OWNER(Signature) CONTRACTOR(Signature) Quentin M.Hart,City of Waterloo-Mayor& Mike L.Palmer,President march 1 1 , 2021 Kelley Felchle,City of Waterloo-City Clerk (Printed name and title) (Printed name and title) Inst. AIA Document A101®—2017.Copyright©1915,1918,1925,1937,4951,1958,1961,1963,1967,1974,1977,1987,1991,11997,2007 and 2017 by The American Institute of Architects,All rights reserved.The"American Institute of Architects;"AIA,"the AIA Logo,"A101,"and"AIA Contract Documents"are 8 registered trademarks and may not be used without permission.This document was produced by AIA software at 10;14:04 ET on 03111/2021 under Order No.0594029435 which explres on 01/0712022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Paae ADA )f 356 User Notes: B9A A 2 CITY OF WATERLOO Council Communication General Obligation Bonds - ECP-1 - The issuance of not to exceed $19,750,000 in General Obligation Bonds for essential corporate purposes. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Council Communication ECP 1 Bond Hearing Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action. Resolution authorizing the issuance of not to exceed $19,750,000 General Obligation Bonds, and levying a tax for the pavment thereof. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer General Obligation Bonds ECP-1 - Not to exceed $19,750,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, and street light fixtures, connections, and facility improvements; the acquisition and installation of emergency services communication equipment and systems, including early warning sirens; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments;the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks and public grounds; the construction, reconstruction and repairing of street, sidewalk, trail, alley, public ground, Recommended Action: marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements;the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, stone water and drainage improvements;the removal or replacement of dead or diseased trees;the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding multi-family housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; improvement of the city-owned airport; the reconstruction and improvement of dams already owned; and refunding or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, Page 154 of 356 General Obligation Bonds, Series 2013A, and General Obligation Bonds, Taxable Series 2013B. Staff is still working on the overall plan for bonds to be sold this spring. We are planning to sell general obligation bonds for a number of general purposes this spring. Please note that the hearing amount is being set at $19,750,000 with this hearing. Additional hearings may be required once Finance has more information. Hearing amounts are typically set higher than Summary Statement: the actual amount of bonds to be issued to provide flexibility in the project allocations, which reduces future administrative costs. Additional hearings will be required to be held as details of the Capital Improvements Program are finalized. The new principal amount plus interest will be required to be repaid in the future. Expenditure Required: This includes $9,250,000 for potential refunding issues due to the favorable low interest rates currently available. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would Alternative: likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have financial implications if the projects aren't completed as required. Background Information: Additional hearings will be held at a later date for projects that are classified as general corporate purposes. Page 155 of 356 ka CITY OF WATERLOO FINANCE DEPARTMENT Michelle Weidner, CPA Chief Financial Officer Council Communication City Council Meeting: March 15, 2021 Prepared: March 3, 2021 Dept. Head Signature: Michelle Weidner SUBJECT: FYE2021 Essential Corporate Purpose Bond Issue Hearing Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Hold a public hearing and adopt a resolution to approve the use of General Obligation bonds for an Essential Corporate Purpose on the proposed issuance of the following bonds: General Obligation Bonds - ECP-1 - Not to exceed $19,750,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, pavement markings, traffic safety, fiber optics installation, and street light fixtures, connections, and facility improvements; the acquisition and installation of emergency services communication equipment and systems, including early warning sirens; the acquisition of vehicles and equipment for the Police and Fire Departments; the acquisition of vehicles and equipment for the street, public works and sign and traffic departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the removal, replacement and planting of trees in parks and public grounds; the construction, reconstruction and repairing of street, sidewalk, trail, alley, public ground, marketplace, bridges, pedestrian underpasses and overpasses, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties, or funding multi- family housing assistance; acquiring, developing and improving of a geographic computer data base system suitable for automated mapping and facilities management; improvement of the city-owned airport; the reconstruction and improvement of dams already owned; and refunding or refinancing outstanding indebtedness of the City, including General Obligation Bonds, Series 2012A, General Obligation Bonds, Series 2013A, and General Obligation Bonds, Taxable Series 2013B. Summary Statement: We are planning to sell general obligation bonds for a number of purposes this spring. Page 156 of 356 FYE2021 ECP-1 Bond Hearing Page 2 of 2 Please note that the hearing amount indicated is being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which reduces future administrative costs. The "new" issue amount covered by this hearing is $10 million. We have also included $9,750,000 for potential refunding issues. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Background Information: We are including a large amount ($9,750,000) for potential refunding issues due to the extremely low interest rates currently available. Page 157 of 356 CITY OF WATERLOO Council Communication FY 2021 Commercial St., Katoski Dr., and Hawkeye Road Right Turn Lane Reconstruction Program, Contract No. 1024. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Contract Documents Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Peterson Contractors, Inc. of Reinbeck. Iowa, in the amount of$2,021,867.20, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Commercial Street, Katoski Drive, and Hawkeye Road Right Turn Lane Reconstruction Program, Contract No. 1024, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer Page 158 of 356 Bid Tab FY 2021 Commercial St., Katoski Drive and Hawkeye Road Reconstruction Program, Contract No. 1024 Bid Opening: March 4, 2021 Bid Estimate: $2,323,777.48 Bidder Bid Bid Amount Security Lodge Construction Inc. Clarksville, IA 5% $2,074,510.77 Vieth Construction Corporation 5% $293889283.76 Cedar Falls, IA Cedar Valley Corp. 5% $292319490.56 Waterloo, IA Peterson Contractors, Inc. 5% $290219867.21 Reinbeck, IA K. Cunningham Construction Co., Inc. 5% $2,027,154.63 Cedar Falls, IA Midwest Concrete, Inc. 5% $2,316,323.11 Peosta, IA Page 159 of 356 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2021 COMMERCIAL ST., KATOSKI DR., AND HAWKEYE RD. RT TURN LANE RECONSTRUCTION PROGRAM CITY OF WATERLOO, IOWA CONTRACT NO. 1024 This contract made and entered into this day of , 20_, by and between the City of Waterloo, I owa, a Municipal Corporation, (hereinafter referred to as City), and PETERSON CONTRACTORS. NC. of, REINBECK IOWA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2021 COMMERCIAL ST., KATOSKI DR., AND HAWKEYE RD. RT TURN LANE RECONSTRUCTION PROGRAM CONTRACT NO 1024 and furnish all necessary tools, equipment, materials,_ and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council i. Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR-3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before NOVEMBER 5. 2021, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. FORM OF CONTRACT Page 1 of 4 Page 160 of 356 PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. FORM OF CONTRACT Page 2 of 4 Page 161 of 356 Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $2,021,867.20. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2)years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on . its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2)years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk FORM OF CONTRACT Page 3 of 4 Page 162 of 356 PFTERSON CONTRACTORS INC, Contractor ' 0 6Y:r -:�- -2 Title: °rosid'orit Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 163 of 356 f JC1103 I Bond No.107356800 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peterson Contractors,inc. of Reinbeck,Iowa (the "Principal"), and Travelers Casualty and Surety Company of America Of Hartford,CT (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal SUM Of Two Mill ion Twenty-one Thousand Eight Hundred Sixty-seven And 201100 Dollars ($ $2,021,867.20 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2021 Commercial St., Katoski Dr.,and Hawkeye Rd.Rt Turn Lane Reconstruction Program,City of Waterloo,IA;Contract No.1024he Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: t. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee, The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or I 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Page 164 of 356 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. Z To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL, SURETY Peterson Contractors,Inc. Travelers Caqpalty g6d Surety Company of Atnetica Name Znierowner BC.Y 6�2C E ':iident Title: ��''` Title: Attorney-in-Fact [attach Power of Attorney] Performance Bond Page 2 of 2 Page 165 of 356 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 3 of 2 Page 166 of 356 Bond No.107356800 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Peterson Contractors Inc. (Name of Contractor) P.O.Box A Reinbeck IA 50669 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square,Hartford,CT 06183 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street,Waterloo,IA 50703 (Address of owner) Two Million Twenty-one Thousand Eight Hundred hereinafter called OWNER, in the penal Sum ©fsixty-seven And 201100 D011ars,($$2,021,s67.20 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of a copy of which is hereto attached and made a part hereof for the construction of: FY 2021 Commercial St.,Katoski Dr.,and Hawkeye Rd.Rt Turn lane Reconstruction Program,City of Waterloo,IA; Contract No.1024 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, conSL""rl f 7 of 356 used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three(3) counterparts, each one of (number) which shall be deemed an original, this the day of ATTEST: Peterson Contractors,Inc. IdPrincipal (Principal)Secretary a BY( I'C P.O.Box A (Address) Reinbeck,IA 50569 Witness as to Principal P.O.Box A (Address) /� Reinbeck,IA 50669 Travelers s alt r5q Surety company of America Surety ATTEST: Attorney-in-Fact Anne Crowner I 1 LGA-t�� Oo'—� Holmes,Murphy and Associates, LLC Witness as t6lurety U (Address) 2727 Grand Prairie Parkway 2727 Grand Prairie Parkway Waukee,IA 50263 Waukee,IA 50263 (Address) Page 168 of 356 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 169 of 356 _ Travelers Casualty and Surety Company of America -, Travelers Casualty and Surety Company TRAVELERSJ St, Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and Sl. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Anne Crowner of Waukee Iowa , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. „,.ru �►�w.-worry 63�4(Y ANp .,®�'i s HART D. MOW" Uk State of Connecticut 8y: City of Hartford ss. Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. , 5P .4pj4y }` IN WITNESS WHEREOF, I hereunto set my hand and officio!seal. * �� 110fhRV My Commission expires the 30th day of June,2021 * Anna P.Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certiflcate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power proscribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President, any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of tN1II.Weryh pL[Y AHp$ rt FW44tt8AD, � i HARTrORD, 60HM � COHN. � �g SfAt Kevin E. Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney4n-Fact and the details of the bond to which this Power of Attorney is attached. Page 170 of 356 PETECON-02 DSHIRES DATE IMMIDDIVYYYI CERTIFICATE OF LIABILITY INSURANCE 3/1012021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Zach CounsellNA '.. LSB Financial Services 219 Main St j,u"c n o " ,Extf:{319)874-4242 4Q06 jAAic,No): IL Cedar Falls,IA 50613 ED RE s:zachc@mylsb.com INSURERS AFFORDING COVERAGE NAIC d INSURER A:Greenwich Insurance Company 22322 INSURED INSURER B:National Fire&Marine 20079 Peterson Contractors,Inc. INSURER C:XL Specialty Insurance Company 37885 Reinbeck Motors Company,Inc. PO Box A1104 Blackhawk St INSURER D:Zurich American Ins Co 16535 Reinbeck,IA 50669 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRNSD WVD MMfDD ...... Y A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR CGD7459902 7/1/2020 7/1/2021 DAMAGE TO RENTED 100,080 X PREM SE a occurrence $ X Blanket Contractual MED EXP(Any oneperson) $ 10,000 X XCU Coverage PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4'000'000 LOC 4,000,000 POLICY�PRO OTHER: $ A AUTOMOBILE LIABILITY Ea acccideD SINGLE LIMIT $ 2,000,000 IxANY AUTO CAS7459903 7/1/2020 7/1/2021 BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILYtNJURY Per accident $ HIRED X NO 04VNED peOaCcR nl AMAGE $ AUTOS ONLY AUOS ONLY B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1'000`000 X EXCESS LIAB CLAIMS-MADE 2-XSF-100514-05 71112020 7/1/2021 AGGREGATE $ 1'000'000 DED I I RETENTION$ $ C WORKERS COMPENSATIONX PTATUTE ERH AND EMPLOYERS'€.IABILITY YIN CWD7459901 7/1/2020 7/1/2821 1,000,000 ANY PROPRIETORIPARTNERlEXECUTIVEN N 1 A E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? (Mandatary in NH) E.L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Leased/Rented Equipm CPP9267064-10 7/1/2820 7/1/2021 Leased/Rented Equipm 5,000,000 D Equipment Floater CPP9267064-10 7/1/2820 7!112021 Cargo 2,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:J9103 City of Waterloo as an additional insured per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry Street Waterloo,IA 58703 AUTHORIZED REPRESENTATIVE 0" swyrs ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 171 of 356 ENDORSEMENT# This endorsement, effective 12:01 a.m., 07/01/2020 , forms a part of Policy No. CGD7459902 issues[to Peterson Contractors, Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. Page 172 of 356 CITY OF WATERLOO Council Communication Sale and conveyance of property located north of 3620 Wagner Road, to Camenzind Masonry, LLC, in the amount of$1.00, with a Development and Minimum Assessment Agreement. City Council Meeting: 3/15/2021 Prepared:2/23/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material ❑ Map Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property to Camenzind Masont�4 LLC, in the amount of$1.00,,generally SUBJECT: located north of 3620 Wagner Road, and authorizing the Mayor and Citv Clerk to execute said document. Resolution approving a Development and Minimum Assessment Agreement with Camenzind Masonry, LLC, for the construction of a new industrial building with outdoor storage, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Hearing The City has owned the land since 2016. Camenzind Masonry, LLC plans Summary Statement: to construct one 8,000 square foot building along with an outdoor storage space on the property. Construction would begin in the Spring of 2021 and be completed by winter of 2022. Expenditure Required: None Source of Funds: NA Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not sell Legal Descriptions: Lot 2, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 173 of 356 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2021, by and between Camenzind Masonry, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made Page 174 of 356 herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a new commercial building of approximately 8,000 square feet or greater, and related parking, landscaping, and other improvements to the buildings and grounds, including but not limited an outside storage area behind the building surrounded by a chain link fence (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction within two (2) months after the date of this Agreement (the "Project Start Date") and Substantially Complete construction no later than December 31, 2021 (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not begun construction of the Improvements by the Project Start Date, then City may terminate this Agreement as set forth in Section 12, 2 Page 175 of 356 and title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but commencement of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, provided that Company shall indemnify City and hold it harmless as set forth in Section 4. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, riot or civil disturbance, court order, government regulation or directive, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 12 and the title to the Property shall revert to the City. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney- in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of 3 Page 176 of 356 indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees and costs of usage after conveyance from the City. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $400,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations 4 Page 177 of 356 engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Complete, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. F. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. G. Until termination of the MAA, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to 5 Page 178 of 356 the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. 6 Page 179 of 356 E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. E. Company (1) files any petition in bankruptcy or for any relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 7 Page 180 of 356 12. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 8 Page 181 of 356 B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, 9 Page 182 of 356 City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 217 Rhey Street, Waterloo, Iowa 50703, Attention: Michael Camenzind. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 10 Page 183 of 356 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 11 Page 184 of 356 CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Michael Camenzind 12 Page 185 of 356 EXHIBIT "A" Legal Description of Property: Lot 2, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 186 of 356 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), CAMENZIND MASONRY, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $400,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on the schedule set forth in the Development Agreement, which shall be no later than December 31 , 2021. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, Page 187 of 356 2031. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CAMENZIND MASONRY, LLC By: By: Quentin M. Hart, Mayor Michael Camenzind Managing Member Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 2 Page 188 of 356 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2021, by Michael Camenzind as Managing Member of Camenzind Masonry, LLC Notary Public 3 Page 189 of 356 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Four Hundred Thousand Dollars ($400,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 190 of 356 41. A cc . lW V � 1 Y ,t. Cit-Lj of Waterloo,Iowa " W�E S Page 191 of 356 CITY OF WATERLOO Council Communication Asbestos Abatement Services Contract No. AB-2021-03-8P at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Asbestos Abatement RFB Contract#AB-2021-03-8P Backup Material ❑ 8EP bit C Asbestos Abatement Contract#AB-2021-03- Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confi ming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Site Services, Inc., of Algona, Iowa, in the amount of$19,140, in conjunction with asbestos abatement services at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellin tgton Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The above mentioned properties were primarily acquired through Iowa Code Summary Statement: 657A, and are being abated of asbestos in preparation of demolition. 200 Merriman Street was removed from the list of addresses to be abated for further asbestos assessment. Expenditure Required: Unknown Source of Funds: Nuisance bonds Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 192 of 356 Bid Tab: March 11, 2021 Asbestos Abatement Contract #AB-2021-03-08P 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street Engineer's Estimate: $25,400.00 Bidder Bid Security Total Bid Amount Abatement Specialties LLC Cedar Rapids, IA 5% $29,500.00 Site Services, Inc. 5% $19,140.00 Algona, IA AAA Budget Environmental, Inc. 5% $211784.00 Monticello, IA REW Services Corporation 5% $309326.00 Des Moines, IA Active Thermal Concepts 5% $289350.00 Hiawatha, IA Advanced Environmental 5% $19,900.00 Waterloo, IA Page 193 of 356 CITY OF WATERLOO , IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement RFB Contract #AB-2021-03-8P 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 194 of 356 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services of 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 11, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR ASBESTOS ABATEMENT SERVICES —Asbestos Abatement Contract# AB-2021-03-08P— 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street, and the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Asbestos Abatement Services Contract#AB-2021-03-08P Notice of RFB Date: February 22, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday March 11, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES -#AB- 2021-03-08P —725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western(a�waterloo-a) Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 2 of 11 Page 195 of 356 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. 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 RF file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday March 11, 2021, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday March 15, 2021. 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. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. 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 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. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 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. 2.3 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 RFB. Such exceptions or deviations will RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 3 of 11 Page 196 of 356 be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB 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 RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 4 of 11 Page 197 of 356 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately three (3) months beginning March 15, 2021, to May 31, 2021. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (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. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 5 of 11 Page 198 of 356 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 6 of 11 Page 199 of 356 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 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. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within three (3) months of the issuance of Notice to Proceed. If RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 7 of 11 Page 200 of 356 Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- The word CITY refers to the CITY OF WATERLOO, 7. HOLD HARMLESS AGREEMENT - The Contractor IOWA throughout these Instructions and Terms and agrees to protect, defend, indemnify and hold harmless Conditions. Similarly, PROPOSER refers to the person the City of Waterloo, its officers and employees, their or company submitting an offer to sell its goods or agencies and agents, from any and all claims and services to the CITY, and CONTRACTOR refers to the damages of every kind and nature made, rendered or successful bidder. incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their 2. PROPOSER QUALIFICATIONS - No Proposal shall be employees that may arise, occur, or grow out of any accepted from, and no Contract will be awarded to, any acts, actions, work or other activity done by the person, firm or corporation that is in arrears to the City Contractor, its employees, subcontractors or any upon debt or Contract, that is a defaulter, as surety or independent contractors working under the direction of otherwise, upon any obligation to the City, or that is either the Contractor or subcontractor in the deemed irresponsible or unreliable by the City. If performance of this Contract. requested, Proposers shall be required to submit satisfactory evidence that they have a practical 8. PROPOSAL REJECTION OR PARTIAL ACCEP- knowledge of the particular supply/service proposal and TANCE -The City reserves the right to reject any or all that they have the necessary financial resources to Proposals. The City further reserves the right to waive provide the proposed supply/service as described in this technicalities and formalities in Proposals, as well as to Request for Proposal. accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ the City. OFFEROR-Any deviation from this specification MUST be noted in detail, and submitted in writing in the 9• PROPOSAL CURRENCY/LANGUAGE - All proposal Proposal. Completed specifications should be attached prices shall be shown in US Dollars ($). All prices must for any substitutions offered, or when amplifications are remain firm for the duration of the Contract regardless of desirable or necessary.The absence of the specification the exchange rate. All proposal responses must be deviation statement and accompanying specifications submitted in English. will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this 10. PAYMENTS - Payments will be made for all document of specification deviation, if applicable, shall goods/services delivered, inspected and accepted within be grounds for rejection of the item when offered for 45 days and on receipt of an original invoice. delivery. If specifications or descriptive papers are 11. MODIFICATION, ADDENDA & INTERPRETATIONS - submitted with Proposals, the Proposer's name should Any apparent inconsistencies, or any matter requiring be clearly shown on each document. explanation or interpretation, must be inquired into by 4. COLLUSIVE PROPOSAL - The Proposer certifies that the Proposer in writing at least 72 hours (excluding the proposal submitted by said Proposer is done so weekends and holidays) prior to the time set for the without any previous understanding, agreement or Proposal opening. Any and all such interpretations or connection with any person, firm, or corporation making modifications will be in the form of written addenda. All a proposal for the same Contract, without prior addenda shall become part of the Contract documents knowledge of competitive prices, and it is, in all and shall be acknowledged and dated on the signature respects, fair, without outside control, collusion, fraud or page. otherwise illegal action. 12. LAWS AND REGULATIONS - All applicable State of 5. SPECIFICATION CHANGES, ADDITIONS AND Iowa and federal laws, ordinances, licenses and DELETIONS-All changes in Proposal documents shall regulations of a governmental body having jurisdiction be through written addendum. Verbal information shall apply to the award throughout as the case may be, obtained otherwise will NOT be considered in awarding and are incorporated here by reference. of Proposals. 13. SUBCONTRACTING - No portion of this Proposal may 6. PROPOSAL CHANGES - Proposals, amendments be subcontracted without the prior written approval by thereto, or withdrawal requests received after the time the City. advertised for Proposal opening, will be void regardless of when they were mailed. RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 8 of 11 Page 201 of 356 14. ELECTRONIC SUBMITTAL - Telegraphic and/or gender identity, marital status, national origin, proposal offers sent by electronic devices(e.g.facsimile citizenship status, disability, or veteran status. machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow 18. TAXES-The City of Waterloo is exempt from sales tax adequate time for delivery of their proposal either by and certain other use taxes.Any charges for taxes from airfreight, postal service,or other means. which the City is exempt will be deducted from invoices before payment is made. 15. CANCELLATION-Either party may cancel the award in the event that a petition, either voluntary or involuntary, 19. PROPOSAL INFORMATION IS PUBLIC — All is filed to declare the other party bankrupt or insolvent or documents submitted with any proposal and the in the event that such party makes an assignment for proposal shall become public documents and subject to the benefit of creditors. Iowa Code Chapter 22,which is otherwise known as the "Iowa Open Records Law". By submitting any document 16. ASSIGNMENT- Proposer shall not assign this order or to the City of Waterloo in connection with a proposal, any monies to become due hereunder without the prior the submitting party recognized this and waives any written consent of the City. Any assignment or attempt claim against the City of Waterloo and any of its officers at assignment made without such consent of the City and employees relating to the release of any document shall be void. or information submitted. 17. EQUAL OPPORTUNITY - The successful firm agrees Each submitting party shall hold the City of Waterloo not to refuse to hire, discharge, promote, demote, or to and its officers and employees harmless from any otherwise discriminate in matters of compensation claims arising from the release of any document or against any person otherwise qualified solely because information made available to the City of Waterloo of age, race, color, religion, sex, sexual orientation, arising from any proposal opportunity. RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 9 of 11 Page 202 of 356 EXHIBIT""A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 10 of 11 Page 203 of 356 Our "not to exceed" bid price for each property is: 725 Glenwood Street 663 Kern Street $ 214 Cottage Street 409 Wellington Street 413 Wellington Street $ 915 Linden Avenue $ 921 W. 2nd Street $ Total RFB FOR ASBESTOS ABATEMENT SERVICES: #AB-2021-03-08P 725 Glenwood Street,409 Wellington Street,413 Wellington Street,915 Linden Avenue,921 West 2nd Street,663 Kern Street,214 Cottage Street Page 11 of 11 Page 204 of 356 EXHIBIT "C" CONTRACT #AB-2021-03-8P FOR ASBESTOS ABATEMENT SERVICES 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, 921 W. 2nd Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of March 15, 2021, by and between the City of Waterloo, Iowa("City") and . In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of a minimum of three (3) months, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ 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. Page 205 of 356 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty(30) days after issuance of the IDNR Ten Day notice. 4. Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Resorting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 2 Page 206 of 356 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 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 3 Page 207 of 356 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. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelly Felchle, City Clerk 4 Page 208 of 356 CITY OF WATERLOO Council Communication Demolition and Site Clearance Services, Contract No. D-2021-03-06P, located at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Demolition RFB Contract#D-2021-03-6P Backup Material ❑ Exhibit B Demolition Contract#D-2021-03-6P Backup Material ❑ Exhibit C Demolition Contract#D-2021-02-6P Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Lehman Trucking and Excavating, Inc., of Waterloo, Iowa, in the amount of$72,942, in conjunction with demolition and site clearance services at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilham Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street , approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Most of the properties were acquired through Iowa Code 657A, and have already been tested and abated for asbestos, and are now being demolished. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 209 of 356 Bid Tab: March 11, 2021 Demolition Contract #D-2021-03-6P 1004 Fulton, 179 Rebecca, 118 Shilliam, 421 Logan, 154 Harrison and 242 Hogle Engineer's Estimate: $81,500.00 Bidder Bid Security Total Bid Amount Lehman Trucking & Excavating, Inc. o $72,942.00 Waterloo, IA 5/o Frickson Brothers Excavating 5% Check Evansdale, IA $80,500.00 Schrader Excavating & Grading Co. 5% W $114,415.00 alford, IA Page 210 of 356 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] Demolition RFB Contract #D-2021-03-6P 1004 Fulton Street,179 Rebecca Lane,118 Shilliam Avenue, 421 Logan Avenue,154 Harrison Street, 242 Hogle Street City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 211 of 356 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (Non-RACM) demolition, removal, disposal and site clearance of 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 11, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — (Non-RACM) Demolition Contract# D-2021-03-06P— 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, 242 Hogle Street, and the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Demolition and Site Clearance Services (Non-RACM) Demolition Contract # D-2021-03-06P — 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, 242 Hogle Street Notice of RFB Date: February 22, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday March 11, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NON-RACM) DEMOLITION CONTRACT # D-2021- 03-06P — 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, 242 Hogle Street City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western(c�waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LanV6bi#2a2 of 356 Avenue,421 Logan Avenue,154 Harrison Street, 242 Hogle Street y 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday March 11, 2021, at 1:00 pm (our clock) Central Time in the First Floor Conference Room, City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. 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 bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LancPlAWi2aV3 of 356 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca Lan1P`A �i2aM of 356 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street �y`v� SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately three (3) months beginning March 15, 2021 to June 30, 2021. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca LancPlAWi2aP5 of 356 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for (Non-RACM) demolition and site clearance services for: 1004 Fulton Street,179 Rebecca Lall18 Shilliam Avenue, 421 Logan Avenue,154 Harrison Street, 242 Hogle Street 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca Lan1PAWi2aI`6 of 356 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be 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 Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION SERVICES AND SITE CLEARANCE SERVICES(no RACM): 1004 Fulton Street,179 Rebecca Lan1F`A �il2'aI`7 of 356 Avenue,421 Logan Avenue,154 Harrison Street,242 Hogle Street �y`v� EXHIBIT""A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the site is, not to exceed: 1004 Fulton Street $ 179 Rebecca Lane $ 118 Shilliam Avenue $ 421 Logan Avenue $ 154 Harrison Street $ 242 Hogle Street $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid Page 218 of 356 EXHIBIT `B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF 1004 Fulton Street,179 Rebecca Lane,118 Shilliam Avenue, 421 Logan Avenue,154 Harrison Street, 242 Hogle Street [No Regulated asbestos containing materials (Non-RA CM)l PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Chris Western, Planner II/Project Manager. 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 trees, structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps,planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), driveways, and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. B. Remove the materials from the demolition site in accordance with federal, state and local regulations. C. 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. D. 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. E. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. Page 219 of 356 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 unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. 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. 2 Page 220 of 356 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, streetlights, 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 to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities,which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. 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 sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 3 Page 221 of 356 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 addresses 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. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 4 Page 222 of 356 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris,basement walls, foundations, steps,private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed inPart 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees,permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on the project (excluding any Limited Notice to Proceed). It is anticipated that the City will issue a Notice to Proceed immediately for purposes of completing required utility disconnect work. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the 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 the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least 5 Page 223 of 356 $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 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, slabs of basementless structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re- excavation of the basement area at the Contractor's expense. The City cannot provide verification regarding the area of the basements,but the Black Hawk County Assessor's detailed reports indicate that all six (6)properties have full basements. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property or the items noted above. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of any tree or such removal will be considered incidental and shall be included in the lump-sum bid for demolition. E. Fences: Fences, guardrails,bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. 6 Page 224 of 356 G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 45513.190 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 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. 7 Page 225 of 356 C. Tires, Household Hazardous Waste,White Goods and Electronics: Tires, household hazardous waste (HHW) (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 an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. 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. 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 entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public,private property and public infrastructure. E. 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. F. 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: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. 8 Page 226 of 356 B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces,parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 9 Page 227 of 356 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 Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department 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 according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off-site vehicle track out(stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Berkshire Hard Fescue 30% Treasure Chewing Fescue 30%Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. 10 Page 228 of 356 For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all 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. 11 Page 229 of 356 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies 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. 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 finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. 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 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 12 Page 230 of 356 Exhibit"C" CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No-Regulated Asbestos Containing Materials (RACM)] Demolition RFB Contract #D-2021-03-6P 1004 Fulton Street,179 Rebecca Lane,118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, 242 Hogle Street This Contract for Demolition and Site Clearance Services (No-RACM) (the "Contract") is entered into as of March 15, 2021 by and between the City of Waterloo, Iowa("City") and (Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period from after the date of this Contract to June 30, 2021, 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 a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty(30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Response (Proposal) 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$ Page 231 of 356 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps,at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 2 Page 232 of 356 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full 3 Page 233 of 356 force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF,the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelly Felchle, City Clerk 4 Page 234 of 356 CITY OF WATERLOO Council Communication Regulated Asbestos-Containing Materials Demolition Services, Contract No. RD-2021-03-1P, located at 220 Hopkins Court. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Bid Documents RD-2021-03-1P Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding bid to Lansing Brothers Construction Co., Inc., of Luxemburg, Iowa, in the amount of$24,800, in conjunction with regulated asbestos-containing materials demolition services at 220 Hopkins Court, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval 220 Hopkins Court was acquired by the City and is in very poor shape and is unsafe to test and abate for asbestos. It has a partially collapsed roof, and Summary Statement: a wall that is starting to collapse. Therefore, the structure must be demolished as RACM (regulated asbestos containing material). Expenditure Required: Unknown Source of Funds: Nuisance Abatement GO bonds Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 235 of 356 Bid Tab: March 11, 2021 RACM Demolition Contract #RD-2021-03-01 P 220 Hopkins Engineer's Estimate: $33,200.00 Bidder Bid Security Total Bid Amount Lansing Bros. Construction Co. Inc. L 5% $31,300.00 Luxemburg, IA Cost Deduct to Base Bid $(6,500.00) Total with Deduct to Base Bid $24,800.00 Page 236 of 356 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos-Containing Materials (RACM)] (RACM) Demolition Contract # RD-2021-03-01P 220 Hopkins Court City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Page 237 of 356 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (RACM) demolition, removal, disposal and site clearance of 220 Hopkins Court All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 11, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — (RACM) Demolition Contract # RD-2021-03-01 P — 220 Hopkins Court, and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: Demolition and Site Clearance Services (RACM) Demolition Contract# RD-2021-03-01 P —220 Hopkins Court Notice of RFB Date: February 22, 2021 Mandatory Walk Thru Date: 1 p.m. Thursday March 4, 2021 Deadline for Bid Submittal: Thursday March 11, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (RACM) DEMOLITION CONTRACT# RD-2021-03-01 P — 220 HOPKINS COURT City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western()_waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 2 of 8 Page 238 of 356 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday March 11, 2021, at 1:00 pm (our clock) Central Time in the First Floor Conference Room, City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject properties. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-02P: 220 Hopkins Court Page 3 of 8 Page 239 of 356 out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 4 of 8 Page 240 of 356 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) months, anticipated to be from the award of contract estimated to start on March 15, 2021 thru May 14, 2021. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2 Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-02P: 220 Hopkins Court Page 5 of 8 Page 241 of 356 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the City may, at the City's sole option, provide partial payment for partial work completed. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for demolition with regulated asbestos containing material (RACM) of: 220 Hopkins Court 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 6 of 8 Page 242 of 356 The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. The City has designated these structures as immediate threat, structurally unsound, Regulated Asbestos Containing Material (RACM) structures, and their demolition and removal, including basements and cement slabs of basement-less structures, must be handled as such. The structures and basements (or slab of a basement-less structure) must be demolished and removed in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. Because of the RACM demolition designation, the Bidder must be licensed/permitted to perform the type of work proposed herein. All RACM disposals will be delivered to the Black Hawk County Landfill site, and copies of all landfill tickets will be provided to the City of Waterloo. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluator's judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-02P: 220 Hopkins Court Page 7 of 8 Page 243 of 356 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2021-03-01 P: 220 Hopkins Court Page 8 of 8 Page 244 of 356 EXHIBIT""A" SIGNATURE PAGE 220 Hopkins Court The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 220 Hopkins Court $ Total $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid 9 Page 245 of 356 EXHIBIT`B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE [removal of Regulated Asbestos Containing Materials (RA CM)] PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representatives for this project are: Chris Western, Planner II/Project Manager, and Aric Schroeder, City Planner(collectively, City's Representative). 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the City's Representative, the Contractor shall: A. Remove and properly dispose of all structures, incidental demolition debris, basement walls, floors, foundations, private sidewalks (excludes public sidewalk in street right-of- way), steps, driveways and all trees from the specified properties. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors,ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Complete the demolition work in accordance with the plans and these technical specifications. 10 Page 246 of 356 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's Representative determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. There shall be Asbestos Warning placards placed in at least the corners of the fence. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. 11 Page 247 of 356 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, street lights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks,utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway subdrains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 12 Page 248 of 356 4.04 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 or legal description will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures and other property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. Only materials that are not RACM may be salvaged or taken to anywhere other than the Black Hawk County Landfill. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work, or consider an amendment to extend the term of the Contract. 13 Page 249 of 356 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris,basement walls, foundations, steps,private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed inPart 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART IA—REGULATED ASBESTOS CONTAINING MATERIALS (RACM) The properties to be demolished have been declared unsafe to enter. Therefore, the structures have not been tested for asbestos. All structural debris must be treated and handled as RACM. Demolition and removal of structures, including basements and cement slabs of basement-less structures, must be accomplished in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. The Contractor will be required to have all permits and licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce Development (IWD), and the Occupational Health and Safety Administration (OSHA) for handling RACM. The Contractor will be responsible to ensure that demolition activities are carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as all other federal, state, and local regulations. The Contractor shall employ good demolition techniques, including but not limited to: 1. Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos. 2. Using demolition techniques to minimize the excessive breaking of materials. 3. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 14 Page 250 of 356 4. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce the exposure to airborne material. 5. Proper handling and covering of all loads to prevent RACM material from becoming airborne during hauling. 6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT and IDNR requirements. 7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites and shall be disposed of using techniques to minimize the potential for debris or dust to become airborne. 8. Manual cleaning of the demolition site to remove all asbestos materials from the site. 9. All trucks and/or trailers must have solid metal end-gates. If city water is not available, the Contractor shall have a water truck on standby during the demolition to maintain a sufficient source to maintain wetting of RACK Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed as well as the RACM designated structures. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the contract after being notified by the City with a Notice to Proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall not be allowed to salvage RACM demolition materials from any property on this project. Non-RACM material (such as private sidewalks and driveways, trees, or other landscaping features) may be salvaged or disposed of in other than the Black Hawk County Landfill. No salvaging or removal of any material shall occur until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining 15 Page 251 of 356 from the third-party salvager a certificate of insurance for general liability with limits of liability of at least$1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance. 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, slabs of basementless structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed as RACM. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re-excavation of the basement area at the Contractor's expense. The City cannot provide verification regarding the area of the basement, but the Black Hawk County Assessor's detailed report indicates that 220 Hopkins Court has a partial basement. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump-sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails,bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. 16 Page 252 of 356 F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. Any sand point well shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of RACM materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, and any other federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered 17 Page 253 of 356 under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires,Household Hazardous Waste,White Goods and Electronics: There will be no separation of any of the before listed materials as all structures have been identified as unsafe to enter and RACK D. Disposal of Demolition Debris and Solid Waste: 1. All RACM debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for each structure demolished, where available, which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and minimize the threat of harm to the general public,private property and public infrastructure. E. Asbestos Abatement: There will be no asbestos testing or abatement as all structures have been identified as unsafe to enter and RACK The handling of asbestos material is subject to all applicable state and federal mandates. F. Freon Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACK G. PCB and Mercury Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACK 2.06 BACKFILL, GRADING,AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the 18 Page 254 of 356 placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 19 Page 255 of 356 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with utility companies for disconnection of services, including but not limited to electricity, natural gas, cable television, internet and phone. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The location of the sanitary sewer main, if known, will be provided by the City to the best of its knowledge. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor shall contact the Waterloo Building Inspections Department for compliance with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor shall contact the Waterloo Water Works for compliance with this specification. C. Backfill and Compaction within City Right-of-Way: I. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off-site vehicle track out(stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Berkshire Hard Fescue 30% Treasure Chewing Fescue 30%Badger Creeping Red Fescue 20 Page 256 of 356 Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 21 Page 257 of 356 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all USDOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during the project to the City's Representative, which identify the disposal site, the Black Hawk County Landfill, for all RACM material. Such copies of tickets shall be required to process invoices from the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns,privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations with SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 22 Page 258 of 356 Exhibit "C" CONTRACT #RD-2021-03-01 P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos Containing Materials (RACM)] 220 Hopkins Court This Contract for Demolition and Site Clearance Services (with RACM) (the "Contract") is entered into as of March 15, 2021 by and between the City of Waterloo, Iowa("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of 2 months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response. Contractor will be paid a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty(30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance e. Building Demolition Insurance and Bond Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed Page 259 of 356 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 2 Page 260 of 356 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 1913, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 3 Page 261 of 356 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Company Name Attest: Kelly Felchle, City Clerk 4 Page 262 of 356 CITY OF WATERLOO Council Communication Resolution approving an Overnight Town Agreement with Ventures Endurance, LLC for 2021 RAGBRAI events in Waterloo. City Council Meeting: 3/15/2021 Prepared: 3/4/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material SUBJECT: Resolution approving an Overnight Town Agreement with Ventures Endurance, LLC for 2021 RAGBRAI events in Waterloo. Submitted by: Submitted By:Mayor Quentin Hart Recommended Action: Approval. Page 263 of 356 2021 RAGBRAI OVERNIGHT TOWN AGREEMENT This Agreement is effective 30 March,2021 (the"Effective Date")by and between,known as the City of Waterloo, Iowa, 715 Mulberry St, Waterloo, IA 50703 (hereafter, the "Town"), and Ventures Endurance,LLC d/b/a RAGBRAI(hereafter, "RAGBRAI", and together with Town,the"Parties"). Whereas RAGBRAI desires to temporarily rent,occupy and make use of the Town for the purpose of hosting the annual RAGBRAI event (hereafter, the "Event"), which is a multi-day bicycling ride involving music, food, beer, overnight camping and other entertainment, on 28 July, 2021 (hereafter, the "Event Day"); and Whereas, Town agrees to such rental, occupation and use in consideration of certain payments and covenants herein enumerated and subject to the terms and conditions herein stated; Now,therefore,the Parties agree to the following terms and conditions: 1. Rental Term. RAGBRAI will have access to and use of the Town for 3 days, from 1 DAY BEFORE EVENT through 1 DAY AFTER EVENT for the purpose of planning, setting up, hosting and breaking down the Event,which may span both July 27 and July 29 (hereafter, the "Rental Term"). Town will provide RAGBRAI with any keys or codes necessary to give RAGBRAI such access no later than 9:00 a.m. on July 25. 2. Rental Fee. RAGBRAI will pay the Town a total of$15,000 for the use of facilities according to the following schedule: $7,500 no later than 60 days prior to the Event Day, and $7,500 no later than 30 days prior to the Event Day. 3. Charitable Donation.RAGBRAI will donate to a charitable organization(s)of the Town's choice no later than 30 days upon the completion of the Event the sum of$15,000. The designated charitable organization must be a registered not for profit with the Internal Revenue Service and/or the State of Iowa. The organization(s)'s EIN(s)must be provided to RAGBRAI by no later than 30 April,2021. 4. Termination.RAGBRAI may terminate this Agreement up to thirty days before the Rental Term by informing the Town in writing. 5. Town's Obligations.Town agrees to the following obligations: (a) Town will allow RAGBRAI to modify the Town's event area to create a RAGBRAI sponsor expo area, which will include, but is not limited to, 5-10 10 ft. x 10 ft. expo spaces within the Town's event area. (b) Town will be responsible for creating, managing, and fulfilling all requirements of the Town Committees as outlined in the official RAGBRAI Overnight Town Handbook guide, including attending all scheduled RAGBRAI official meetings with RAGBRAI. (c) In consultation with RAGBRAI and with respect to the official RAGBRAI Overnight Town Handbook guide, Town will be responsible for recruiting and providing all volunteers for the event. 1 08479 Page 264 of 356 (d) Town will be responsible for trash clean up/gathering and disposal in accordance with local laws and ordinances. RAGBRAI will have full use of the Town's trash disposal system, including dumpsters, during setup and breakdown of the event. (e) Town will provide parking for 3,000 cars & recreational vehicles x' on each day of the Event and will provide staff for all parking areas in numbers adequate to ensure safe and orderly parking. (f) Town will provide overnight camping space for up to 15,000 participants. (g) Town will sell, or arrange for a third party to sell,beer to participants and spectators of the Event and will be entitled to all profits from such sales. If RAGBRAI is party to an exclusive beer sponsorship agreement, Town will work with the beer sponsor and RAGBRAI to make the beer sponsor's beer available non-exclusively at the Event wherever possible. (h) In connection with the obligation to sell beer, Town will(i) obtain all licenses and permits required under local law for the sale of beer, (ii) provide staffing sufficient to adequately serve the expected number of participants and spectators and (iii) obtain insurance which covers any liability arising from such sales (if Town's current insurance policy does not already cover such sales). Beverage service must be capable of handling at least 20,000 people in four hours with minimal lines. RAGBRAI is not guaranteeing any level of revenues or profits. (i) Town will sell, or arrange for a third party to sell, food and beverages to participants and spectators on the day(s) of the Event and will be entitled to all profits from such sales. Such food and beverage service must be capable of handling at least 20,000 people in four hours with minimal lines. RAGBRAI is not guaranteeing any level of revenues or profits. 0) Town will make potable water (including related irrigation methods) and electricity available to RAGBRAI, for use throughout the duration of the Event, and (ii) all vendors, sponsors and other invited third parties during the day(s)of the Event. Town is not obligated to create new access points for either water or electricity. (k) Town will secure live entertainment for the Event for up to 20,000 participants and spectators. Spectator and participant counts are strictly an estimate and, with the exception of the main staging provided by RAGBRAI as outlined in Section 6,Town is responsible for all aspects, management, and safety & health requirements of the live entertainment, including but not limited to all entertainment production(AN, sound, lighting, etc.)costs and management. (1) Town agrees to adhere to RAGBRAI guidelines regarding the use of the RAGBRAI trademark and logo.Further,Town agrees to promptly advise RAGBRAI of and cooperate with RAGBRAI regarding the unauthorized use of the RAGBRAI logo at any time of the logo or the unauthorized promotion or sale of merchandise bearing the RAGBRAI logo. (m) In consultation with RAGBRAI,the Iowa State Patrol,RAGBRAI-designated Emergency Medical Services providers, County Sheriff Offices, County Engineers, and other Public Safety officials, Town agrees to provide an appropriate number of local Public Safety personnel for the duration of the Event including but not limited to local Law Enforcement and local Emergency Medical Services providers in sufficient numbers for the safe operation of the Event. (n) Town will not advertise or promote any competing event,product or service, nor allow a third party to advertise or promote any competing event,product or service,within the Town,including but 2 08479 Page 265 of 356 not limited to the parking lots, campgrounds, expo area, and entertainment areas during the day(s) of the Event without the prior written consent of RAGBRAI. 6. RAGBRAI'S Obligations.RAGBRAI agrees to the following obligations: (a) RAGBRAI will conduct all activities to build out and modify the Town in a safe, lawful, good and workmanlike manner,using safe and serviceable equipment and materials. (b) RAGBRAI will work with local, County, and State Public Safety Officials toward the safe operation of the event. (c) Town accepts that normal event operations,including but not limited to pedestrian traffic, vehicle traffic and adverse weather conditions, may damage and/or destroy grass and other similar vegetation. RAGBRAI will use reasonable efforts to limit such damage, but will not be liable for re- sodding or replacing such grass and/or vegetation. (d) RAGBRAI will provide event staging and all signage for the Main Entertainment area for the Event. (e) RAGBRAI will provide to the Town specifications and guidelines for the front-facing skirting area on the Main Stage only for which the Town may advertise local sponsors. (f) RAGBRAI will provide a sufficient quantity of portable bathrooms at the Main Campground only. (g) RAGBRAI will provide the Town access to a custom web page on the RAGBRAI website that will include information about the Event pertaining to the Town. (h) RAGBRAI will provide informational signage for the Event at the entrance to the Town, to be erected &placed by RAGBRAI prior to the Event. Town will remove informational signage at the completion of the Event. 7. Event Liability. RAGBRAI assumes all responsibility, liability and risk associated with the participants in,the conduct of, and the activities associated with,the Event except to the extent caused by the negligence or willful misconduct of Town. RAGBRAI will obtain an insurance policy for the Event in the amount of one million dollars ($1,000,000) per occurrence and five million dollars ($5,000,000) aggregate,upon which Town will be listed as a named insured on a primary and non- contributory basis including a waiver of subrogation in favor of the Town.RAGBRAI will provide proof of insurance within ten days of the Event.Limits may be fulfilled using a combination of primary and excess liability. 8. Event Revenue. Town will keep all revenue generated from the Event,including,but not limited to, the sale of food,beer, local expo fees, local/non-RAGBRAI branded merchandise at the Event as set forth in Section 4 above. This provision excludes all revenue generated from the sale of RAGBRAI participant registration fees, RAGBRAI merchandise sales, and RAGBRAI sponsorship fees where applicable,unless RAGBRAI otherwise determines to assign any income generating activity to Town or a third party. Subject to RAGBRAI's prior approval as to the identity of any potential sponsor,Town may sell local sponsorship to advertise on the Main Stage lower third,bottom skirting of the Main Stage, and the Town may retain sponsorship fees collected for this space only. 9. No Partnership. This Agreement does not constitute and shall not be construed as constituting or creating a partnership, joint venture or agency relationship between RAGBRAI and Town. Neither Party shall have any right to obligate or J)ind the other party in any manner whatsoever, "4g9t as Page 266 of 356 authorized by the other Party in advance in writing. Under no circumstances shall either Party, in its dealings with third parties, undertake to act or hold itself out as the other Party's agent or authorized representative,nor shall either Party incur financial or legal obligations on behalf of the other Party. 10. Force Majeure. Neither Party will be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including,but not limited to, natural disasters,government restrictions,wars,acts of terrorism or any other cause beyond the reasonable control of the party whose performance is affected. Without limiting the generality of the foregoing,if Owner is unable for any reason to provide RAGBRAI with the necessary facilities, at the capacities and/or occupancy contemplated herein (or if not expressly contemplated otherwise, then at full/maximum occupancy (as existed as of January 1, 2020)), by reason of any strike, labor controversy, civil tumult, government ordinance or restriction, court order, administrative ruling, the failure to obtain any of the licenses,permits or approval or other cause beyond Owner's or RAGBRAI' reasonable control, so as to render it impractical, illegal or impossible for RAGBRAI to conduct the Event on the date scheduled hereunder in a manner contemplated by RAGBRAI, RAGBRAI may elect to cancel the Event and this Agreement, or RAGBRAI may elect to postpone or move the Event. If the Event and this Agreement is cancelled pursuant hereto, all monies paid by RAGBRAI shall be immediately refunded. 11. Jurisdiction. RAGBRAI hereby stipulates and agrees that the state or federal court having jurisdiction in Black Hawk County,Iowa shall be for all purposes related to this Agreement the only fair, convenient and proper forum for any proceeding relating to any dispute arising out of the terms or conditions of this Agreement. 12. Severability. In the event that any court of competent jurisdiction determines that any provision contained in this Agreement is unreasonable or unenforceable in any respect, then such provision will be deemed limited to the extent that such court deems it reasonable and enforceable, and as limited shall remain in full force and effect.In the event that such court shall deem any provision wholly unenforceable, the remaining provisions of this Agreement shall nevertheless remain in full force and effect. Ventures Endurance,LLC d/b/a RAGBRAI By: Name: Date Title: City of Waterloo, Iowa,by Date Contact Person, Title 4 08479 Page 267 of 356 CITY OF WATERLOO Council Communication Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response and relief, in the amount of 5,034, for the work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document. City Council Meeting: 3/15/2021 Prepared: 3/1/2021 ATTACHMENTS: Description Type o Standard Form SF-424 Applications for Federal Backup Material Assistance - Concessions Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response SUBJECT: and relief, in the amount of 5,034, for the work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: Approve the request by Airport Staff. Expenditure Required: Total funds received from the FAA Grant Application totals: $5,034.00. These funds will be derived via the U.S. Department of Transportation, and the Federal Aviation Administration, via Public Law 116-260, and the Coronavirus Response and Relief Supplemental Appropriations Act Source of Funds: (CRRSA), under the Airport Coronavirus Response Grant Program (ACRGP). And Specifically, "CONCESSIONS" This request by Staff complies with the City of Waterloo's Strategic Plan, as Policy Issue: follows: Goal No: 3, and Strategy No: 3.4 & 3.7. Alternative: No alternatives, at this time, have been discussed as to the best"use" of these funds. This grant, and to a similar degree such as the CARES Funds grant received by the City in early CY 2020, provides funds for the following: Background Information: This funding is to provide relief from Rent and Minimum Annual Guarantees to on-airport car rental, on-airport parking, and in- terminal concessions (as outlined in 49 CFR Part 23). Legal Descriptions: Not applicable Page 268 of 356 Page 269 of 356 OMB Number: 4040-0004 Expiration Date: 9213112022 Application for Federal Assistance SF-424 *1. Type of Submission: *2. Type of Application *If Revision,select appropriate letter(s): ❑ Preapplication ® New ® Application ❑ Continuation *Other(Specify) ❑ Changed/Corrected Application ❑Revision *3. Date Received: 4. Applicant Identifier: NA ALO(Waterloo Regional)Waterloo, lA *5b. Federal Entity Identifier: *5b. Federal Award Identifier: 19-0094 State Use Only: 6. Date Received by-State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Waterloo Iowa *b. EmployerfTaxpayer Identification Number(EINITIN): *c. Organizational DUNS: 42-6005333 82-618-6959 d. Address: *Street 1: 2790 Livingston Lane Street 2: *City: Waterloo County/Parish: *State: IA Province: *Country: USA: United States *Zip I Postal Code 50703 e. Organizational Unit: Department Name: Division Name: i f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name: Keith Middle Name: *Last Name: Kaspari Suffix: . MPA. CM Title: Director of Aviation Organizational Affiliation: *Telephone Number: (319)291-4483 Fax Number: *Email: keith.kaspari@waterloo-ia.org Page 270 of 356 OMB Number: 4040.0004 Expiration pate: 12/3112022 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: X.Airport Sponsor Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other(Specify) *10.Name of Federal Agency: Federal Aviation Administration 11.Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program *12. Funding Opportunity Number: NA *Title: NA 13. Competition Identification Number: NA Title: NA 14.Areas Affected by Project(Cities,Counties,States,etc.): *15. Descriptive Title of Applicant's Project: I $5,034 To provide relief from rent and minimum annual guarantees to on-airport parking, on-airport car rental,and in-terminal airport concessions. Attach supporting documents as specified in agency instructions. Page 271 of 356 OMB Number: 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF-424 16.Congressional Districts Of: *a.Applicant: 1 *b. Program/Project: 1 Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date: NA *b. End Date: NA 18. Estimated Funding($): i *a. Federal $5,034. *b. Applicant $0 *c. State $0 *d. Local *e. Other $i] *f. Program Income $0 *g. TOTAL $5,034. *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If"Yes", provide explanation in attachment.) ❑ Yes ® No If"Yes", provide explanation and attach 21. *By signing this application, I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances**and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code,Title 218, Section 1001) ® **1 AGREE **The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Keith Middle Name: *Last Name: Kaspari Suffix: . MPA, CM *Title: Director of Aviation *Telephone Number: (319)291-4483 Fax Number: *Email: keith.kaspari@waterloo-ia.org *Signature of Authorized Representative: *Date Signed: Page 272 of 356 CITY OF WATERLOO Council Communication Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response and relief in the amount of$1,007,984, for work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document. City Council Meeting: 3/15/2021 Prepared: 3/1/2021 ATTACHMENTS: Description Type o Standard Form SF-424 Application for Federal Backup Material Assistance - OP S Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response SUBJECT: and relief in the amount of$1,007,984, for work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: Approve the request by Airport Staff. Expenditure Required: Total funds received from this FAA Grant Application totals: $1,007,984.00. These funds will be derived via the U.S. Department of Transportation, and the Federal Aviation Administration, via Public Law 116-260, and the Coronavirus Response and Relief Supplemental Appropriations Act Source of Funds: (CRRSA), under the Airport Coronavirus Response Grant Program (ACRGP). And Specifically, "OPERATIONS" This request by Staff complies with the City of Waterloo's Strategic Plan, as Policy Issue: follows: Goal No: 3, and Strategy No:3.4, 3.7, Alternative: No alternatives, at the time of this request, have been discussed as to the best "use" of the funds. This grant, and to a similar degree such as the CARES funds grant received by the City in early CY 2020, provides funds for the following: Background Information: General:Funding for costs related to Operations /Personnel/ Cleaning/Sanitization/Janitorial Services /Combatting the Spread of Pathogens at the Airport, and Debt Service Payments. Legal Descriptions: Not applicable for this request from Staff. Page 273 of 356 Page 274 of 356 i OMB Number: 4040-0004 Expiration Date: 12/3112022 Application for Federal Assistance SF-424 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s): ❑ Preapplication ® New ® Application ❑ Continuation *Other(Specify) ❑ Changed/Corrected Application ❑ Revision *3. Date Received: 4. Applicant Identifier: NA ALO(Waterloo Regional)Waterloo, IA *5b. Federal Entity Identifier: *5b. Federal Award Identifier: 19-0094 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Waterloo Iowa *b. Employer/Taxpayer Identification Number(EINITIN): *c. Organizational DUNS: 42-6005333 82-618-6959 d. Address: *Street 1: 2790 Livingston Lane Street 2: *City: Waterloo County/Parish: *State: IA Province: *Country: USA: United States *Zip 1 Postal Code 50703 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name: Keith Middle Name: *Last Name: Kasper! Suffix: MPA, CM Title: Director of Aviation Organizational Affiliation: *Telephone Number: (319)291-4483 Fax Number: *Email: keith.kaspari@waterloo-ia.org Page 275 of 356 OMB Number: 4040-0004 Expiration date: 12/3112022 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: X.Airport Sponsor Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other(Specify) *10.Name of Federal Agency: Federal Aviation Administration 11.Catalog of Federal Domestic Assistance Number: 20.106 I CFDA Title: i Airport Improvement Program *12. Funding Opportunity Number: NA *Title: NA t 13.Competition Identification Number: NA Title: NA 14.Areas Affected by Project(Cities,Counties,States,etc.): *15. Descriptive Title of Applicant's Project: . $1,007,984 for costs related to operations, personnel, cleaning,sanitization,janitorial services,combating the spread of pathogens at the airport, and debt service payments. Attach supporting documents as specified in agency instructions. Page 276 of 356 OMB Number. 40400004 Expiration Date: 12131/2022 Application for Federal Assistance SF-424 16. Congressional Districts Of: *a.Applicant: 1 *b. Program/Project: 1 Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date: NA *b. End Date: NA 18. Estimated Funding($): *a. Federal $1,007,984. *b. Applicant $0 *c. State $0 *d. Local *e. Other $0 *f. Program Income $0 *g. TOTAL $1,007,984. *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If"Yes", provide explanation in attachment.) ❑ Yes ® No If"Yes",provide explanation and attach 21. *By signing this application, I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances**and agree to comply with any resulting terms if I accept an award. I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Cade,Title 218,Section 1001) ® —I AGREE **The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Keith Middle Name: *Last Name: Kasoari Suffix: MPA, CM *Title: Director of Aviation *Telephone Number: (319)291-4483 Fax Number: *Email: keith.kaspari@waterloo-ia.org r "Signature of Authorized Representative: *Date Signed: S� , � Page 277 of 356 CITY OF WATERLOO Council Communication Resolution approving the FY 2022-2026 Capital Improvement and FY 2027-2032 Long Range Needs Assessment Plans for the Waterloo Regional Airport, and authorizing the Airport Director to execute said documents for submission to the Federal Aviation Commission. City Council Meeting: 3/15/2021 Prepared: 3/15/2021 ATTACHMENTS: Description Type 5-Year 2022 - 2026 and Long-Range Needs Backup Material Assessment Resolution approving the FY 2022-2026 Capital Improvement and FY 2027- SUBJECT: 2032 Long Range Needs Assessment Plans for the Waterloo Regional Airport, and authorizing the Airport Director to execute said documents for submission to the Federal Aviation Commission. Submitted by: Submitted By:Keith KasparL Airport Director Recommended Action: Approve the above as requested by airport staff. This submittal of the annual and updated 5-Year ACIP, allows the City of Waterloo and Waterloo Regional Airport, to continue the focus on the Summary Statement: rehabilitation and/or reconstruction of airside aircraft movement areas (Runway and Taxiway Surfaces), for the immediate 5-Year term and Long- Range Needs Assessment. As noted on the ACIP, Staff is taking the approach of performing a great deal of work via the annual AIP Funds received from the FAA-yet in a Multi-Year approach to ensure that ALO has the federal funds necessary to complete the project each year over the. Expenditure Required: As you can see from the attached, there are many high-dollar projects - whereby Staff will over the period of years contained in the attached, require City Support to allow ALO to match the Entitlement and Discretionary funds received from the Federal Aviation Administration. Funds are anticipated to be received each year from the U.S. Department of Source of Funds: Transportation and the Federal Aviation Administration via the FAA's Airport Improvement Program. This request from Staff complies with the City of Waterloo's Strategic Plan, Policy Issue: as follows: Goal No:4, and Strategy No:4.5. Alternative: No alternatives have been selected or discussed for the above request and Page 278 of 356 series of projects contained in the above and attached ACIP. This project continues the current ACIP for the physical improvements to the airfield movement areas (Runways and Taxiways), in addition to a phased approach for the replacement of some airfield Aircraft Rescue and Fire Background Infonnation: Fighting equipment(ARFF); and, TBD Snow Removal Equipment(SRE) before the City gets into a multi-phase/multi-year program for the needed future rehabilitation ofALO's Primary Runway(12/30). On-going pavement rehabilitation will be the primary focus moving forward. Legal Descriptions: Not applicable for this request by Staff. Page 279 of 356 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) (2022-2026) WATERLOO REGIONAL AIRPORT Prepared for: Waterloo Regional Airport I WATERLOO REGIONAL AIRPORT CRUISE A NEW ALTITUDE Prepared by: AECOM ALECOM February 12, 2021 i Page 280 of 356 CJI IOIAIA DOT Form 291111(01-20) Waterloo Regional Airport ALO Airport en i ier FEDERAL AIRPORT IMPROVEMENT PROGRAM (AIP) PREAPPLICATION CHECKLIST Please attach the following documents with your application. Sponsor Identification Sheet for the Airport Capital Improvement Program (CIP)Data Sheet(one for each project listed in the first three years of the CIP) and detailed cost estimate for each data sheet Five-Year CIP Long-Range Needs Assessment ❑ Verification of an updated airport layout plan (ALP) (when applying for new construction of buildings or airfield expansion) ❑ Verification of completed environmental processing in accordance with National Environmental Policy Act of 1969 ❑ Verification of completed land acquisition or signed purchase agreement Verification of pavement maintenance program (when applying for pavement preservation or reconstruction) If requesting federal assistance for snow removal equipment, please include an inventory of the existing equipment and calculations based on Chapters 4 and 5 of the Airport Winter Safety and Operations Advisory Circular(AC) 15015200-30 and the Airport Snow and Ice Control Equipment AC 15015220-20 showing the minimum equipment needed, along with the Airport Capital Improvement Plan (ACIP) Data Sheet, include a copy of a completed Federal Aviation Administration's snow removal equipment spreadsheet. ❑ If requesting federal assistance for general aviation apron expansion, include a copy of a completed FAA apron design spreadsheet. ❑ If requesting pavement reconstruction, submit an engineering report showing the need for the reconstruction as part of the CIP justification. ❑ For revenue-producing facilities(i.e., fueling facilities and hangars), please submit: 1) A statement that airside development needs are met or include a financial plan to fund airside needs over the next three years. 2) A statement that runway approach surfaces are clear of obstructions(the FAA Airport 5010 should show at least a 20:1 clear approach). 3) Justification for the project. [� System for Award Management(SAM) registration is up to date (www.sam.gov) Please e-mail this form with supporting documents identified in the checklist to shane.wright c@ipmp. . Attn.: Program Manager E-mail: shane.wrigh,tc( Jow�dgt gs Aviation Bureau FAX: 515-233-7983 Iowa Department of Transportation Phone: 515-239-1048 800 Lincoln Way Ames, IA 50010 www.iowadot.gov/aviation Page 281 of 356 QJ10 A00T Foran 291111(01-20) AIRPORT SPONSOR IDENTIFICATION SHEET *** PLEASE ONLY SUBMIT IT YOU HAVE CHANGES FROM PREVIOUS YEAR. *** Airport Name.Waterloo Regional Airport Airport ponsor(s) NameCity of Waterloo, Iowa Contact Person Mr. Keith D. Kaspari TitleDirector of Aviation Email AddressKeith.Kaspari@waterloo-ia.org Physical Mailing Address790 Livingston Lane P.O. Box (if applicable): City Waterloo 5tateJowa ZIP Code50703 Phone319-291-4483 Ist U.S. Congressional District Number: Tax Identification Number-.42-6005333 Dun and Bradstreet Number(DUNS):826186959 You must have a current System for Award Management (SAM)registration to receive a grant. Register at: https://www.sam.gov. Please email (PDF)your completed preapplication, Capital Improvement Program(CIP), long-range needs assessment, signed GIP data sheets, and all supporting documents to your state agency and Federal Aviation Administration planner at jet ff.deitering@faa gov. Page 282 of 356 _ -.�;•.fin - t Alk, .,�.. r S _ ••� syn yrlo., �- t r. r r it J Mr rtr) a 1 P f i r E �F • 7 - " rt V O Z zOz V P:��a (If] r M� a LL AI rl m to �, �� Uro .�-a °'w a°fo � m o a a a ei /O W ❑L.L O a i w Z O W 75 a oaa rrN w� W N N NN a� (� N V• z a N Q N a~ W J a Q µ�} z a ~Q� zmm aaa tim a z~ a a �d o o :2 L>L) cn rc rx rr c w w a v �� /� a Q y LL LL a m z 4 P fl z zmz W ski. m o zD D m g J 4L,U NR' C qn W y Z Z N LL 6 a U' J F ❑Q pzp�aW oao rc� LL z LL UJ F F O WzW z ~ w Y w r mLL L) z Na 4 W w C z g ¢w4 W Q Z Fwvw LL pp N w w Q o6 ooQ Z LO Wn w ob U w Q o boa w <o a � o °�N W N N N OtiQj¢ w a N � a XXzu.z ❑ ry EQ L a z d moa rt rc a ,�- v. LL LL LL LL LL in } W ? a Pa _ 8 of 356 FEDERAL AVIATION ADMINISTRATION CIP DATA SHEET CAPITAL IMPROVEMENT PROGRAM (CIP) AIRPORTS DIVISION - CENTRAL REGION SEE INSTRUCTIONS TO COMPLETE THIS INFORMATION Airport Name,LOCID,City,State: Waterloo Regional Airport,ALO,Waterloo, Iowa AIP Project Type: Pavement Maintenance Runway 12-30 Local Priority: 1...very High Federal Share: $801,000 FFY Requested: 2023 State Share: $0 Provide Detailed Project Scope and Justification Below.You must attach a Local Share: $89,000 sketch/drawing that clearly identifies the scope of the project. Total Project Cost: $890,000 Runway 12/30 is the primary instrument approach runway at the Waterloo Regional Airport. The most recently completed Pavement Evaluation Study completed in 2017 showed that Runway 12130 was last rehabilitated in 2006. The current PCI of the Runway is in the mid 70 ranges indicating that the pavement is rated in a satisfactory condition but is showing signs of oxidation and some raveling of the pavement surface. A pavement rejuvenator with crack and joint repair is needed to extend the pavement life. The entire runway pavement markings will be remarked as part of this project. See following page for detailed cost estimate. I Y I�-4- , I SPONSOR SIGNATURE BLOCK Signature: Date: 2/12/2021 Printed Name: Keith D. Kaspari, MPA, C.M. Title: Director of Aviation Phone Number: 319-291-4483 Email: KEITH.KASPARI@WATERLOO-IA.ORG CIP DATA SHEET Page 284 of 356 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT RUNWAY 12-30 REHABILITATION 2/1/2021 ITEM ESTIMATED UNIT UNIT EXTENDED NO. DESCRIPTION QUANTITY PRICE TOTAL 1 MOBILIZATION AND DEMOBILIZATION 1 LS $ 6,500.00 $ 6,500.00 2 PAVEMENT JOINT AND CRACK REPAIR 30,000 LFT $ 1.10 $ 33,000.00 3 PAVEMENT REJUVINATOR(RUNWAY 12-30) 150,000 SYD $ 1.65 $ 247,500.00 4 PAVEMENT MARKING(RUNWAY 12-30) 170,000 SFT $ 2.50 $ 425,000.00 SUBTOTAL $ 71.2,000.00 6 LEGAL,ADMINISTRATION AND ENGINEERING $ 178,000.00 TOTAL ESTIMATED PROJECT COST $ 890,000.00 Page 285 of 356 FEDERAL AVIATION ADMINISTRATION CIP DATA SHEET CAPITAL IMPROVEMENT PROGRAM (CIP) AIRPORTS DIVISION - CENTRAL REGION SEE INSTRUCTIONS TO COMPLETE THIS INFORMATION Airport Name,LOCI D,City,State: Waterloo Regional Airport,ALO,Waterloo, Iowa AIP Project Type: Taxiway A West Reconstruction Local Priority: 1-ve. y H:Ei Federal Share: $2,329,656 FFY Requested: 2025 State Share: $0 Provide Detailed Project Scope and Justification Below.You must attach a Local Share: $258,851 sketch/drawing that clearly identifies the scope of the project. Total Project Cost: $2,588,506 Taxiway A West serves as the primary taxiway for access to Runway 36 at the Waterloo Regional Airport. The most recently completed Pavement Evaluation Study completed in 2017 showed that Taxiway A West was last rehabilitated in 1978. The current PGI of the taxiway ranges from a value of 32 to a high of 51 indicating that the pavement is rated ranges from a very poor to fair condition and requires reconstruction. Reconstruction will be completed with a rigid pavement section with a drainage layer. Project will also include replacement of the aging taxiway edge lights, cabling and guidance signs in this section of the airfield. See following page for detailed cost estimate. SPONSOR SIGNATURE BLOCK Signature: Date: 2/12/2021 Printed Name: Keith D. Kaspari, MPA,C.M. Title: Director of Aviation Phone Number: 1 319-291-4483 Email: KEITH.KASPARI @ WATERLOO-IA.ORG CIP DATA SHEET Page 286 of 356 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT TAXIWAY A WEST REHABILITATION(PCC RECONSTRUCTION) 2/8/2021 ITEM ESTIMATED UNIT UNIT EXTENDED NO. DESCRIPTION QUANTITY PRICE TOTAL 1 MOBILIZATION AND DEMOBILIZATION 1 LS $ 270,105.00 $ 270,105.00 2 PAVEMENT REMOVAL 15,500 SYD $ 4.50 $ 69,750.00 3 SHOULDER REMOVAL 3,650 SYD $ 3.00 $ 10,950.00 4 BASE COURSE - SYD $ 20.00 $ - 5 DRAINAGE LAYER 15,500 SYD $ 35.00 $ 542,500.00 6 13" PCC PAVEMENT 15,500 SYD $ 65.00 $ 1,007,500.00 7 PAVEMENT MARKING AND RESTORATION 1 LS $ 16,000.00 $ 16,000.00 8 TAXIWAY LIGHTING(50 MITI-) 50 EACH $ 1,200.00 $ 60,000,00 9 JAIRFIELD GUIDANCE SIGNS 5 EACH $ 7,500.00 $ 37,500,00 10 TOPSOILING 1,500 CY $ 25.00 $ 37,500.00 11 SEEDING AND MULCHING 2 AC $ 4,500.00 $ 9,000.00 12 EROSION CONTROL 1 LS $ 10,000.00 $ 10,000.00 SUBTOTAL $ 2,070,805.00 13 LEGAL,ADMINISTRATION AND ENGINEERING $ 517,701.25 TOTAL ESTIMATED PROJECT COST $ 2,588,506.25 i I Page 287 of 356 FEDERAL AVIATION ADMINISTRATION CIP DATA SHEET CAPITAL IMPROVEMENT PROGRAM (CIP) j AIRPORTS DIVISION - CENTRAL REGION SEE INSTRUCTIONS TO COMPLETE THIS INFORMATION Airport Name,LOCID,City,State: Waterloo Regional Airport,ALO,Waterloo, Iowa Al Project Type: Airfield Pavement Marking(Runway 18-36 and Taxiways) Local Priority: 7 Vci y I Iil:;h Federal Share: $336,416 FFY Requested: 2025 State Share: $0 i Provide Detailed Project Scope and Justification Below.You must attach a Local Share: $37,350 i sketch/drawing that clearly identifies the scope of the project. Total Project Cost: $373,795 The airfield markings at the Waterloo Regional Airport were last remarked during the Spring of 2018. These airfield markings require constant maintenance approximately every five (5)years to maintain reflectivity and visibility of the markings. Full remarking of Runway 18/36, Taxiway A, Taxiway B, Taxiway C and Taxiway E would be accomplished as part of this project. See following page for detailed cost estimate. _ I ry I P� i �a- .I SPONSOR SIGNATURE BLOCK Signature: Date: 2/12/2021 Printed Name: Keith D. Kaspari, MPA, C,M. Title: Director of Aviation Phone Number. 319-291-4483 Email: KEITH.KASPARI@WATERLOO-IA.ORG CIP DATA SHEET Page 288 of 356 i ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT AIRFIELD PAVEMENT MARKING 2/1/2021 ITEM ESTIMATED UNIT UNIT EXTENDED NO, DESCRIPTION QUANTITY PRICE TOTAL 1 MOBILIZATION AND DEMOBILIZATION 1 LS $ 17,000.00 $ 17,000.00 2 RUNWAY 18/36 85,000 SFT $ 2.50 $ 212,500.00 3 ITAXIWAY A, B,C&E 25,000 SFT $ 2.50 $ 62,500.00 4 SURFACE PAINTED HOLD SIGNS 5,500 SFT $ 8.50 $ 46,750.00 SUBTOTAL $ 338,750.00 5 LEGAL,ADMINISTRATION AND ENGINEERING $ 35,045.00 TOTAL ESTIMATED PROJECT COST $ 373,795.00 Page 289 of 356 i FEDERAL AVIATION ADMINISTRATION CIP DATA SHEET CAPITAL IMPROVEMENT PROGRAM (CIP) AIRPORTS DIVISION - CENTRAL REGION SEE INSTRUCTIONS TO COMPLETE THIS INFORMATION Airport Name,LOCID,City,State: Waterloo Regional Airport,ALO,Waterloo, Iowa AIP Project Type: Airfield Pavement Management Program Update Local Priority: 1 Very l Ii;;h Federal Share: $90,000 FFY Requested: 2025 State Share: $0 Provide Detailed Project Scope and Justification Below.You must attach a Local Share: $ 10,000 sketch/drawing that clearly identifies the scope of the project. Total Project Cost: $100,000 The existing airfield management program was last completed to cover entire airfield in 2017. Updates are scheduled to be completed for the on-going pavement rehabilitation projects. The update to the Pavement Management will update airfield pavements that were inventoried in 2017. In addition,this report will review alternative pavement design sections for the rehabilitation/ reconstruction of Runway 12-30. SPONSOR SIGNATURE BLOCK Signature: Date: 2/12/2021 Printed Name: Keith D. Kaspari, MPA, C.M. Title: Director of Aviation Phone Number: 319-291-4483 Email: KEITH.KASPARI@WATERLOO-IA.ORG CIP DATA SHEET Page 290 of 356 I FEDERAL AVIATION ADMINISTRATION CIP DATA SHEET CAPITAL IMPROVEMENT PROGRAM (CIP) AIRPORTS DIVISION - CENTRAL REGION SEE INSTRUCTIONS TO COMPLETE THIS INFORMATION Airport Name,LOCID,City,State: Waterloo Regional Airport,ALO,Waterloo, Iowa AIP Project Type: Runway 18-36 and Runway 12-30 Intersection Rehabilitation inside the Runway Safety Area Local Priority: 1-Very 1-sigh Federal Share: $1,031,184 FFY Requested: 2026 State Share: $0 Provide Detailed Project Scope and Justification Below.You must attach a Local Share: $ 114,576 sketch/drawing that clearly identifies the scope of the project. Total Project Cost: $1,147,760 The intersection of these Runways was last rehabilitated during an overlay project in FY 2009. The most recently completed Pavement Evaluation Study completed in 2017 shows that these pavements were in the mid 60 range. Over the last 4 years, these pavement are showing additional longitudinal and transverse cracking. The project will mill and overlay the existing pavement and repair joints and cracks. The new pavement will be grooved and new paint markings applied. See following page for detailed cost estimate. SPONSOR SIGNATURE BLOCK Signature: Date: 2/12/2021 Printed Name: Keith D. Kaspari, MPA, C.M. Title: Director of Aviation Phone Number: 319-291-4483 Email: KEITH.KASPARI@WATERLOO-IA.ORG CIP DATA SHEET Page 291 of 356 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT AIRFIELD PAVEMENT REHABILITATION RUNWAY 18-36 & RUNWAY 12-30 INTERSECTION REHABILITATION INSIDE OF RUNWAY SAFETY AREA 2/11/2021 ITEM ESTIMATED UNIT UNIT EXTENDED NO. DESCRIPTION QUANTITY PRICE TOTAL 1 MOBILIZATION AND DEMOBILIZATION 1 LS $ 30,800.00 $ 30,800.00 2 PAVEMENT JOINT AND CRACK SEALANT 48,000 LFT $ 4.00 $ 192,000.00 3 PAVEMENT JOINT AND CRACK REPAIR 2,000 LFT $ 15.00 $ 30,000,00 4 PAVEMENT MILLING 20,000 SYD $ 8.00 $ 160,000.00 5 2-ASPHALT OVERLAY 2,400 TON $ 110.00 $ 264,000.00 6 PAVEMENT GROOVING 180,000 SFT $ 1.50 $ 270,000.00 7 PAVEMENT MARKING 1 L5 $ 10,000.00 $ 10,000.00 SUBTOTAL $ 956,800.00 8 LEGAL,ADMINISTRATION AND ENGINEERING $ 190,960.00 TOTAL ESTIMATED PROJECT COST $ 1,147,760.00 ill i; I I I I I i Page 292 of 356 0 'r U') m O O O O r-I LO O O Q U lD N 00 O O a C) N N LP1 c-I CnO' lD lO N r-I O� a 00 00 c° 0 o o a H r-I cf} EO ,#r 61� ss Y� 6$3- 09 W W fi� 03- sg rfs s+r U3- Vi 6r 6% U), L � m aC � a Q- in ; Q N ai Kj Q7 Ny 6] riCda� w; i3 ai Rj Q IA a ro m c., Y m o m a o 00 m O O a� o 0 !L rJ) i I- U. 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(D > a a cl, _ ca � 3 = c31 p C N ¢ ¢ C = _ E ;t Yd F L- O W co Q) Q r-I N 2 O 4 0 0 Q O Page 294 of 356 CITY OF WATERLOO Council Communication Resolution approving a Permanent Easement Agreement for a 280 square foot drainage easement from North Star Community Services, Inc., in the amount of$319.20, located at 3420 University Avenue, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Easement Agreement Backup Material ❑ Plat of Survey Backup Material Resolution approving a Permanent Easement Agreement for a 280 square SUBJECT: foot drainage easement from North Star Community Services, Inc., in the amount of$319.20, located at 3420 University Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request by the City of Waterloo approving a permanent easement agreement for a 7' x 40' (280 square foot) drainage easement from North Star Community Services, Inc., in the amount of $319.20 located at 3420 University Avenue. Summary Statement: The purpose of these acquisition is to create drainage improvements in the on the area on Ascension Lutheran Church's property because this area floods in times of heavy rains. This easement from North Star is needed to place storm sewer in a portion of it. Expenditure Required: $319.20 Source of Funds: Storm Water Funds Policy Issue: Infrastructure and drainage. Background Information: Acquisition of this drainage easement will be a part of an overall larger project in to improve drainage in this area. That part of Tract"A"per plat of Survey dated 08/24/1984 and recorded in Misc. Book 257 Page 787 in the Office of the Black Hawk County Recorder, all lying in the Southwest Quarter(SW 1/4)of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Waterloo, Black County Iowa, described as follows: Legal Descriptions: The North 7.0 feet of the West 40.0 feet of said Tract "A". Page 295 of 356 Containing 280 sq. ft. Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°38'/4' West for this description. Page 296 of 356 i Pre aced by Christoplier S.Wendland,P_O:Box 596Waterloo TA 50704. Phone 319 234-5701 After recording,return to City of Waterloo,715 Mulberry Street,Waterloo,IA. 50703,Attn: Tiro Andes. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of , 2021,by and between North Star Community Services, Inc. ("Grantor"),and the City of Waterloo, Iowa C'Grantee"). 1. Grant of Easement In consideration of the mutual, promises and covenants i contained herein, and for other good and valuable consideration in the amount of3$ 19.20, the receipt and sufficiency of which is hereby acknowledged,Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a permanent easement(the "Easement") in, to, upon, over, beneath and across a Moot by 40-foot strip of land seven (the "Easement Area"), as depicted and legally described on Exhibit"A" attached hereto and by this reference made a part hereof(the"Premises"). 2. Pur ase, The Easement is intended primarily for purposes of a storm sewer and surface drainage of storm water, and Grantee, its officers, employees, contractors, and agents, shall have reasonable rights of ingress and egress over,across,and upon the Premises for purposes of inspecting, constructing, installing, operating,repairing,maintaining,replacing, and upgrading the Easement Area and such pipes, conduits, infrastructure and other facilities as Grantee deems necessary to accomplish the purposes of the Easement. Grantee shall have the right, but not the obligation, to trim and/or remove grasses, bushes, trees, and other vegetation from the Easement Area as reasonably necessary in support of the Easement purposes and related activities. If Grantee's Easement activities disturb the soil, upon completion Grantee shall level the soil and otherwise make reasonable effort to restore the Premises to the condition it was in before work commenced. 3. Miscellaneous Provisions. This Agreement shall run with the land and is binding upon and shalt inure to the benefit of the parties and their respective successors, assigns and transferees. References in the singular number include the plural, and vice versa. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof,whether oral or written,and this Agreement may not be modified except by the mutual written agreement of both parties. I i I i i I Page 297 of 356 IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. NORTH STAR COMMUNITY CITY OF WATERLOO,IOWA SERVICES, INC. By: Ja-0.s_. By: Quentin M. Hart, Mayor Title: L~xnitv:r� sr Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on FaA r 202 1 ,2021,by Yktt 1e &Ai.1a� as_ C,tv 7'1� 1 i4,C 07& Lof North Star Community Services, Inc. �nrncs aAiOGET HI L N Notary Pub c o � ' -nmiq',n[Nu2 z ..... Y My r !(,yF STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on ,2021, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 298 of 356 EXHIBIT"A„ Legal Description of Easement Area That part of Tract"A"per plat of Survey dated 08/24/1984 and recorded in Misc.Book 257 Page 787 in the Office of the Blaen Hawk County Recorder,all lying in the Southwest Quarter(SW 1/4) of Section No. 21,Township No. 89 North,Range No. 13 West of the Fifth Principal Meridian,Waterloo,Black County Towa, described as follows: The North 7,0 feet of the West 40.0 feet of said Tract"A". Containing 280 sq. B. Note: The West line of said Misc. Boole 257 Page 787 is assumed to bear North 00°38`/4 West for this description. Page 299 of 356 y l 2 INDEX LEGEND General Description: Sec.21-T89N-R13W,SW 114 Surveyor Kyle J.Heiland Surveying Company! Helland Engineering&Surveying,Ltd. Return To: 6109 Chancellor Drive Cedar Falls,Iowa 506136916 0 (319}-266-0161 Survey Requested By: Mark Werner P.E,;Stanely Consultants Proprietor. Ascension Lutheran Church/ North Star Community Services Inc. FOUND NO.4 REBAR wlYPC#17811 ; I II — TRACT A" o H.RAY HUGHES o } ADDITION a t W i II J I FOUND NO. REBAR PROPOSED wrYPC#8505 N 89'02'E DRAINAGE P,o.B. _- 40.0'-- __ EASEMENT# STORMF SFR 280 SQ.Fr. FOUND NEON.T4 REBAR N 00°381/1 W 7.0' ---40.0'--'" S 89°02'W LS 00*38Y4 E 7.0' TRACT"A" DETAIL PLAT OF SURVEY (NOT TO SCALE) 257 MISC.787 DATED 0812411984 LOCATION SNAP 0 z (ASSUMED BEARING) 1, COACHMAN DR. sw 114EasFMENrPLaTs" x j- � SEC.21-T89N R13W Ole N WATERLOO UNIVFRSRYAVE. N w_ FOUND NO.4 REBAR FLOWERST_I � GF GREENHILL RD. rIOUND1'01RON PIPE wrYPC#3862 TRACT? PL47OF SURVEY257 MISC.787 DATED 0824/1984 l� 't PLATOFSURVEYF1LE2014.21673 DATED 064YI2014 (BEARINGS ARE ASSUMED) THIS SURVEY MEETSfOR EXCEEDS CURRENT`MINIMUM STANDARDS FOR PROPERTY SURVEYS' 0' 40' 80' 160' I ELLAND ENGINEERING&SURVEYING,LTD. •SET NO.4 REBAR X 2a'LONG WORANGE PLASTIC CAP#23212 mire 6109 Chancellor Dive (009RECORDEDAS FILENAME: 19.141-C.DWG Cedar Fells,Iowa 50613-6916 SCALE: 1'=80' PROJECT#19-141 DRAWN BY;CDR p19}266-0161 SHEETI OF OPCPLASTICCAP(O=ORANGE,R=RED,Y=YELLOW) I herebycertifythal Us land surveying dooanant was prepared EASEMENT PLAT ap,4 L Aq� and die related survey work was performed by me or under my direct personal supeMsion and that I am a dulyLmnsed OF �'G] Professional Land Surveyor under the laws of the Stale of lova. KYLE�. { PART OF SW 114 HEL212D . K e�.Heuand SEC.21-T89N-R13W 0 0 23212 d .e o �censeNumher23212 WATERLOO,BLACK HAWK COUNTY,IOWA a ....... - Mqucensernewaldateis0ecem6ar31,2021. FOR 5 !OW P MI pages or sheets are covered by this seal except CITY OF WATERLOO Page 300 of 356 1 I i i' I' PROPOSED DRAINAGE EASEMENT#2(North Star Community Services) That part of Tract"A"per plat of Survey dated 08124/1984 and recorded in Misc.Book 257 Page 787 in the Office of the Black Hawk County Recorder all lying in the Southwest Quarter(SW 114)of Section No.21,Township No.89 forth, Range No. 13 West of the Fifth Principal Meridian,Waterloo,Black County Iowa,described as follows: The North 7.0 feet of the West 40.0 feet of said Tract"A". Containing 280 sq.ft. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not of record. Note: The West line of said Misc.Book 257 Pal;'��787 is assumed to bear North 00°381/4 West for this description. ill i' l HELLAND ENGINEERING&SURVEYING,LTD. 0 SET NO,4 REBAR X 24"LONG VORANGE PLASTIC CAP#23212 6109 Chancellor Drive (00)RECORDED AS PILE NAME: 19.141-C.DWG Cedar Falls,Iowa 50613-6916 SCALE: NIA PROJECT#19-141 BRAWN BY:CDR {319}266-0161 �� T ��2 OPCPIASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) EASEMENT PLATS OF PART OF SW 114 SEC.21-T89N-R13W WATERLOO,BLACK HAWK COUNTY,IOWA FOR CITY OF WATERLOO Page 301 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Automatic Systems Company, of Ames, Iowa, in an amount not to exceed $72,556, in conjunction with existing aeration blower control panel upgrades, and authorizing the Mayor to execute said document. City Council Meeting: 3/15/2021 Prepared:2/22/2021 ATTACHMENTS: Description Type ❑ Memo to Waterloo Mayor and City Council Backup Material ❑ Automatic Systems Company Backup Material Resolution approving a Professional Services Agreement with Automatic SUBJECT: Systems Company, of Ames. Iowa, in an amount not to exceed $72,556, in conjunction with existing aeration blower control panel un91ades, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Professional Service Agreement with Automatic Systems. Expenditure Required: $72,556.00 Source of Funds: Sewer Funds 520-14-5200-2119 Page 302 of 356 CITY OF WATERLOO , IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 • Phone(319)291-4553• Fax(319)291-4523 Date: February 23, 2021 Mayor QUENTIN To: Waterloo Mayor and Council HART From: Brian Bowman, Operations Supervisor, Waste Management Services COUNCIL RE: Resolution Approving Contract with Automatic Systems Company from Ames Iowa, for MEMBERS ,,,,,,,,,,,,,,,,,,, upgrade of existing Aeration Blower Control Panels and associated PLC Logic for three Easton Aeration Blowers. MARGARET KLEIN Ward I Background Discussion: JONATHAN GRIEDER This contract consists of the upgrade of 3 existing Aeration Blower Control Panels.The original Ward Gardner Denver Blower Control Panels with Toshiba PLC's and GE Quick Panel interface were PATRICK originally installed in the year 2000 and their interface is obsolete, unrepairable and unable to MORRISSEY source in the marketplace.This contract addresses this need by replacing with CompactLogix Ward 3 PLC's and PanelView 7 Operator Interface.The Operator PanelView and correct PLC's are critical JEROME to operate the Easton Aeration Blowers. AMOS,JR. Ward 4 RAY FEUSS Recommended Action: Ward 5 It is recommended that the City Council support the resolution to approve the contract with SHARON Automatic Systems Company, from Ames Iowa, for upgrade of existing Aeration Blower Control NON At-Large Panels for three Blowers in the amount of$72,556.00 DAVE BOESEN At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 303 of 356 Automatic Systems co. AUTOMATIC SYSTEMS CO. Mr. Brian Bowman February 4, 2021 Waterloo, IA WPCP 3000 Easton Avenue Waterloo, IA 50702 SUBJECT: Waterloo,IA WPCP Blower Control Panel Upgrades Mr. Bowman, The following proposal is for the upgrade of your existing Aeration Blower Control Panels. The original Gardner Denver Blower Controls with Toshiba PLC's and GE Quick Panel operator interface are obsolete. They will be replaced with CompactLogix PLC's and PanelView 7 Operator Interface and installed in the existing enclosures. Our proposal includes equipment and services as detailed below. A Three(3) Aeration Blower Control Panel Modifications to include replacement of the obsolete Toshiba PLC's and GE Quick Panels with Allen-Bradley CompactLogix PLC's and Panelview Plus Operator Interfaces as described below. Proposed panel modifications shall be complete with removal of the existing Toshiba PLC's and GE Quick Panel and replaced with an Allen-Bradley CompactLogix PLC with ethernet communications, compact flash memory module,Allen-Bradley PanelView Plus 7 Color Operator Interface with 7"display, ethernet switch, 24 Vdc power supplies, and terminals. 1. Aeration Blower Control Panel#1. 2. Aeration Blower Control Panel#2. 3. Aeration Blower Control Panel#3. B One (1) Professional Services to include engineering, PLC programming, Operator Interface programming, and onsite field services including panel modifications, start-up, testing, and operator training. C One(1) Set of Complete Installation, Operation and Maintenance Manuals. Your net price for Items A through C, FOB factory with freight allowed to jobsite including one (1) year warranty from date of startup (not to exceed 18 months from date of shipment)... $ 72,556.00 plus tax if applicable. MANUFACTURERS REPRESENTITIVES • SYSTEMS INTEGRATION • INSTRUMENTATION ❑ MAIN OFFICE P.O.BOX 120359 ST.PAUL,MINNESOTA 55112 PHONE 651-631-9005 FAX(651)631-0027 ❑X BRANCH OFFICE P.O.BOX 787 AMES,IOWA 50010 PHONE 515-232-4770 FAX(515 (312322-0(7995 El BRANCH OFFICE CHICAGO,ILLINOIS PHONE 815-927-3386 PF7T�%b b -0827356 Page 12 The above price for Items A through C does not include any: 1. Sales or use taxes. 2. Bond costs. 3. License fees or permits of any kind. 4. Installation of network cabling or associated fiber-optic network switches. 5. Replacement of local switches or indicator lights. Thank you very much for the opportunity of providing you with the above proposal, should you wish to proceed with an order please sign on the space provided below and return a copy to this office. We look forward to hearing from you, should you have any questions please give me a call. Sincerely, Travis Moran Automatic Systems Company Accepted by: Date: Line Item: Quantity: Total Order Amount: Purchase Order Number: Page 305 of 356 CITY OF WATERLOO Council Communication An ordinance prohibiting the use of consumer fireworks. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material ❑ Public Comment Backup Material ❑ Public Comment(2) Backup Material ❑ Public Comment(3) Backup Material ❑ Attachment for Comment(3) Backup Material ❑ Public Comment(4) Backup Material Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo City Code of Ordinances by amending Subsection B, Prohibitions and Use, of Section 13, Fireworks, of Chapter SUBJECT: 2, General Offenses, of Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Margaret Klein, Ward 1 Council member Recommended Action: Approval. Page 306 of 356 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions And Use: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo.. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, for signal purposes in athletic sports or by railroads or trucks, for signal purposes, by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the State Fire Marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code, or is otherwise authorized by this Code. F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than three hundred seventy five dollars ($375.00). G. Enforcement And Compensation: During the annual period in which fireworks sales are allowed, this section may be enforced by police officers, who shall have authority to document violations and issue citations, and said officers may also respond to related nuisance calls. (Ord. 5485, 2-18-2019) Page 307 of 356 Dear Waterloo City Council & Mayor Hart, I'd like to take a moment to introduce our family. My name is �7 �• Becky Bartlett. I'm a wife to Luke, and the mom of these four i* amazing kids. t boo Boaz is 13, Cainan is 11, Myka is 9, and Kezia is 8. ( A few summers ago, when there was talk of fireworks being legalized in Iowa, Luke's brother saw an opportunity for a new business in the Cedar Valley. Did we ever before consider that one day we'd own a fireworks store? Nope. But, we partnered with some friends and set off on the �i adventure. The Bartlett Family Our families said 'yes' to this endeavor because of all the kids you see pictured here. We knew that this store would provide them amazing opportunities to learn and grow. They've spent countless hours in the store with us learning how to merchandise (stock shelves), unload trucks, count change, bag product, check inventory, and serve customers. If you ever visit the store, it's likely you'd find some of our kids there- greeting you, handing out stickers to kids, or helping you find what you need. (We have customers who come in and specifically ask for our son to help them find what they're looking for!) They LOVE helping at the store when they are able and learning from our staff. Hanging out at Crossroads Fireworks is one of the highlights of their summer. As a family, we've worked countless hours to build the business. Seeing us start the store from the ground up has shown them what a big job it is to take on a business endeavor, and they've seen that hard work pays off. All of our kids look forward to officially joining our staff when they're old enough. And we hope to someday pass along leadership roles in the store to them, as well. It saddens me that with the flip of a switch, the city council has the ability to negate all of our hard work. The council, with one vote, can decide that our business doesn't belong in Waterloo. With one decision, the council can basically crush Crossroads Fireworks, its revenue, and these sweet kids' future summer employment dreams. So, what will my kids be learning about business then? They'll learn that you might as well not work your tail off at anything in life, because the government will just take it away from you anyway. .may I J114 OPENJUN Helping Stock Shelves Signs Out For Opening Day Page 308 of 356 The owners of Crossroads Fireworks are not big tycoons sitting at desks in a high rise on the east coast. We are average Cedar Valley families who had a dream and went for it. We are small business owners and '` the fireworks store is part of our livelihood. As a city who encourages small businesses, we'd ask that you consider supporting our small business, as well. We don't need fireworks to be legal all summer long, but simply ask that you keep fireworks legal for a couple of days around the 4th for the families that want to celebrate safely. We have always done everything we can to inform customers of legal use dates in y various municipalities and will continue to do so. We also believe that keeping fireworks legal for a couple of days Unloading Trucks encourages people do them all at once. By making them illegal, you really are just punishing the rule-follower families who just wanted something fun to do on a summer holiday. Rule breakers will set off fireworks anyway- and if our store didn't exist, would drive anywhere to Law A get them. By setting some parameters and giving some usage days, we believe that encourages people to use them within boundaries- and probably lessens the number of days rule-breakers are out doing them. We really do appreciate all the hours and hard work you put into your jobs, your city, and the Cedar Valley. Your job isn't an easy one. Thank you for taking the time to read this letter. Please consider that we are simply small business owners, doing our best to provide for our After Stocking- Box Forts families... with kids who are watching closely and learning what it means to own a business in the Cedar Valley. Please keep fireworks f rp legal for a couple of days around the 4th. Thank you for your time. Please stop into our store sometime this summer- our kids would love to show you around if they're there! Becky Bartlett Horse Rides on Dollies a OIL lr� Ice Cream Treats After A Long Day Page 309 of 356 From: KELLEY FELCHLE To: Nancy Hiabv Subject: FW: Fireworks ordinance-from Crossroads Fireworks Date: Monday,March 15,2021 11:23:33 AM From: QUENTIN HART<QUENTIN.HART@WATERLOO-IA.ORG> Sent: Monday, March 15, 202110:58 AM To: KELLEY FELCHLE <KELLEY.FELCHLE@WATERLOO-IA.ORG>; Martin Petersen <Martin.Petersen @WATERLOO-IA.ORG> Subject: FW: Fireworks ordinance-from Crossroads Fireworks From: Kendra Wyatt<Kendra.Wyatt(@WATERLOO-IA.ORG> Sent: Monday, March 15, 20218:11 AM To: QUENTIN HART<QUENTIN.HART(@WATERL00-IA.ORG> Subject: FW: Fireworks ordinance-from Crossroads Fireworks From:Justin Bartlett<iustinPiowaiustin.com> Sent: Saturday, March 13, 20215:23 PM To: Mayor<MayorPWATERL00-IA.ORG> Subject: Fireworks ordinance -from Crossroads Fireworks Mayor Hart, I am writing in my capacity as the managing partner of Crossroads Fireworks at 2019 San Marnan Drive. We are aware, of course, that the Waterloo City Council is considering an ordinance to potentially ban the use of fireworks. Such a ban has financial implications for our business, as I am sure you understand. A ban won't slow down the scofflaws who light fireworks at 2am in early June, but it will reduce our sales to law-abiding families who want to host small gatherings on July 4. We knew there was regulatory risk when we got into this business, and it is risk that we accepted by starting the business. The risk we didn't expect was that the City Council would head-fake us into signing a lease extension and then pivot to a ban a few months later. What do I mean by head fake? This past September, the Council discussed a potential ban but decided to give the existing ordinance one more year. We were waiting to see what the Council would do before we made a decision about what to do with our lease, which was set to expire this year. After the Council decided to allow the existing three days of legal usage for another year, we contacted our landlord and signed an extension of our lease with the understanding that we would have at least one more year that our customers in Waterloo could legally use our product during those three days. If the Council now changes their mind and flips to a ban, not only will it hurt our business -a risk we ordinarily accept as part of being in this industry-it will have induced us into signing a lease extension we would not have otherwise signed with its action in September. Page 310 of 356 Regardless of how you feel about fireworks, this kind of unpredictability-and head-faking - is not business-friendly. It is actively destructive to a business that has played by the rules during our entire existence. Because of this. I am writing to ask you to veto this ordinance if the Council passes it. If the Council decides next year that they still want a ban, we will still speak against it, but at least it will be acting in good faith. But to fake us into believing we had a stable legal environment for another year and then pull the rug out from under us after we sign a lease extension would frankly be terrible for Waterloo's image as a business-friendly community, and we would speak loudly against it as such. Thank you for your consideration and for all the work you do for the city of Waterloo. Justin Bartlett Managing partner Crossroads Fireworks 319-504-6654-cell Page 311 of 356 From: KELLEY FELCHLE To: Nancy Hiabv Subject: FW: Fireworks ordinance-potential cooperation Date: Monday,March 15,2021 11:24:43 AM Attachments: Waterloo fireworks ordinance flyer 2021.pdf From: Kendra Wyatt<Kendra.Wyatt@WATERLOO-IA.ORG> Sent: Monday, March 15, 20218:12 AM To: QUENTIN HART<QUENTIN.HART@WATERLOO-IA.ORG>; KELLEY FELCHLE <KELLEY.FELCH LE@WATERLOO-IA.ORG> Subject: FW: Fireworks ordinance- potential cooperation From:Justin Bartlett<iustinna crossroadsfireworks.com> Sent: Saturday, March 13, 20216:04 PM To: Dave Boesen <Dave.Boesen(@WATERLOO-IA.ORG>; Sharon Juon <Sharon.JuonccDWATERL00- IA.ORG>; Pat Morrissey<Pat.MorrisseyPWATERLOO-IA.ORG>;Jerome Amos Jr <Jerome.AmosPWATERLOO-IA.ORG>; Margaret Klein <Margaret.Klein(@WATERLOO-IA.ORG>; Ray Feuss<Ray.Feuss(@WATERLOO-IA.ORG>;Jonathan Grieder<Jonathan.Grieder(@WATERLOO- IA.ORG>; Mayor<Mayor(@WATERLOO-IA.ORG> Subject: Fireworks ordinance - potential cooperation Good afternoon, I am writing in my capacity as the managing partner at Crossroads Fireworks at 2019 San Marnan Drive in Waterloo. As you would expect, we oppose the ordinance to ban the use of our products in Waterloo, both because it would be bad for our business and our customers and because we believe it would be counterproductive to the goals you are trying to accomplish (prohibiting law-abiding people from using fireworks at Spm on July 4 does nothing to stop scofflaws from shooting them at 2am in early June; that's already illegal). We support Mr. Morrissey's drive for increased enforcement and agree with him that the existing three days of legal use is a reasonable compromise. We want to offer our assistance in the effort to increase compliance with the existing ordinance. We believe we have something like a 70% market share in Waterloo retail fireworks sales. We can't know that for sure without knowing our competitors' sales numbers, but we believe it is a reasonable estimate. If the city is willing to give the existing ordinance another year, we would like to offer to Page 312 of 356 include the attached flyer (or something similar; we are willing to take design suggestions) with every purchase from our store to help educate our customers and warn them that there are consequences for violating the ordinance. We can't control what our customers will do with this information, of course, and probably 30% of the city's fireworks users get their product from other sellers, but we can reach 70% (or so) of them with this message. We believe this will be more effective at reducing usage outside of the holiday weekend than banning fireworks on the holiday weekend. Please, let us work with you rather than against you. We have assiduously followed the law; we are a good business citizen of Waterloo, and we are offering to go well beyond anything required of us in order to help make this work if you will at least hold off for one more year before turning our customers into criminals. Thank you for your consideration. Justin Bartlett 319-504-6654 - cell p.s. The Council's decision in September to hold off on a ban and allow one more year of use this coming summer (after some discussion) gave us the confidence to sign an extension on our very expensive lease. I really hope it doesn't turn out that you head faked us into that lease signing, that kind of legal whipsawing is about the least business-friendly thing I can imagine. Page 313 of 356 ATTENTION ATTENTION WATERLOO WATERLOO RESIDENTS RESIDENTS The City of Waterloo restricts The City of Waterloo restricts the use of fireworks to ONLY the use of fireworks to ONLY the following times: the following times: Saturday, July 3: noon to 10pm Saturday, July 3: noon to 10pm Sunday, July 4: noon to 11 pm Sunday, duly 4: noon to 11 pm Monday, July 5: noon to 10pm Monday, July 5: noon to 10pm Waterloo plans INCREASED Waterloo plans INCREASED ENFORCEMENT this year, and ENFORCEMENT this year, and ANY usage outside these times ANY usage outside these times will result in a fines starting at will result in a fines starting at $375 per incident. $375 per incident. Please stay safe and follow the law! Please stay safe and follow the law! CR O S CR O S WE'VE GOT THE B/G STUFF WE'VE GOT THE BIC; STUFF STAY SAFE STAY SAFE •Always read and follow label directions. • Always read and follow label directions. • Have an adult present. • Have an adult present. • Buy from reliable sellers. • Buy from reliable sellers. • Use outdoors only. • Use outdoors only. •Always have water handy(a garden hose and a bucket). • Always have water handy(a garden hose and a bucket). • Never experiment or make your own fireworks. • Never experiment or make your own fireworks. • Light only one firework at a time. • Light only one firework at a time. • Never re-light a "dud" firework(wait 15 to 20 minutes and then soak • Never re-light a "dud"firework(wait 15 to 20 minutes and then soak it in a bucket of water). it in a bucket of water). • Never give fireworks to small children. • Never give fireworks to small children. • If necessary, store fireworks in a cool, dry place. • If necessary, store fireworks in a cool, dry place. • Dispose of fireworks properly by soaking them in water and then • Dispose of fireworks properly by soaking them in water and then disposing of them in your trashcan. disposing of them in your trashcan. • Never throw or point fireworks at other people. • Never throw or point fireworks at other people. • Never carry fireworks in your pocket. • Never carry fireworks in your pocket. • Never shoot fireworks in metal or glass containers. • Never shoot fireworks in metal or glass containers. •The shooter should always wear eye protection and never have any • The shooter should always wear eye protection and never have any part of the body over the firework. part of the body over the firework. • Stay away from illegal explosives. • Stay away from illegal explosives. STAY LEGAL STAY LEGAL Fireworks use is permitted only on these dates and times: Fireworks use is permitted only on these dates and times: • State law:June 1 to July 8, 9am to 10pm • State law:June 1 to July 8, gam to 10pm • Except:July 1, 2, and 8: 9am to 11 pm • Except:July 1, 2, and 8: 9am to 11 pm •Waterloo:June 30 to July 4, 9am to 10pm •Waterloo:June 30 to July 4, 9am to 10pm • Except:July 1 and 2: 9am to 11 pm • Except:July 1 and 2: 9am to 11 pm • Cedar Falls, Hudson, Cedar Rapids: Same as state law • Cedar Falls, Hudson, Cedar Rapids: Same as state law • Iowa City: Fireworks use prohibited • Iowa City: Fireworks use prohibited This information is provided as a courtesy and was correct at the time of printing to the best This information is provided as a courtesy and was correct at the time of printing to the best of our knowledge,you are responsible to know and follow the laws in your jurisdiction. of our knowledge;you are responsible to know and follow the laws in your jurisdiction. Page 315 of 356 From: KELLEY FELCHLE To: Nancy Hiabv Subject: FW:fireworks ordinance Date: Monday,March 15,2021 12:28:15 PM From: Diane Williams <saintsfan461@hotmail.com> Sent: Monday, March 15, 202112:17 PM To: comments<comments@WATERLOO-IA.ORG> Subject:fireworks ordinance My name is Diane Williams and I reside at 220 Euclid Avenue in Waterloo. I understand there is a problem with the fireworks ordinance and once again, the city council wants to ban the use of fireworks within the city limits. First of all, I believe we all could agree that the year 2020 was not a good year. However, to say Waterloo was like a war zone I believe is a statement which was uncalled for. My husband, ( and many other veterans I know), did not believe it was a war zone. Second, to take away our 3 days we are allowed to shoot them off is unfair to those of us who do follow the ordinance the city has set forth. I believe the vast majority of citizens did follow the ordinance. Third, one council person was happy mask mandates through the state were lifted and said we should live our life. Well, then let us live it for 3 days. I agree that if people are shooting them off after hours or not the correct days, then YES, by all means they should be fined. I, for one, have faith in the citizens of Waterloo, to do the right thing. I therefore must have faith that the city council will do the right thing, allow us to have our 3 days and ask citizens to report to the Waterloo Police Department if neighbors are shooting them off illegally and they have photos or videos. I I truly believe in the citizens of Waterloo, and I believe the city council should also. The president has said we would be able to celebrate the 4th of July this year. So let us do it! Even if you take the ordinance down to just the 4th of July, at least we would have that day to celebrate OUR FREEDOM. The President of the United States said we would be able to celebrate this year! Therefore, if you have faith in the GREAT citizens of Waterloo as I do, you will allow us the opportunity to prove we are. If not, then you will change the ordinance and you, by changing it, will be saying we are not. And spending the revenue the city receives by people purchasing the fireworks seems a little hypocritical. Page 316 of 356 Diane Williams Page 317 of 356 CITY OF WATERLOO Council Communication Request by the City of Waterloo to rezone approximately 17.50 acres from"A-1"Agricultural District and "M-1"Light Industrial District to "C-P"Planned Commercial District and"B-P"Business Park District located at 700 Falls Avenue. City Council Meeting: 3/15/2021 Prepared:2/2/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Motion to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of approximately 17.50 acres from"A-1" SUBJECT: Agricultural District and "M-1"Light Industrial District to "C-P"Planned Commercial District and "B-P" Business Park District, located at 700 Falls Avenue. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by the City of Waterloo to rezone Summary Statement: approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to "C-P"Planned Commercial District and "B-P" Business Park District located at 700 Falls Avenue. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Staff is requesting to rezone the property in question for future development. The request would not appear to have a negative impact on the neighborhood as the area is mostly a former industrial site, and vacant land. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by University Avenue, which is classified as a Collector, and Black Hawk Road and Falls Avenue which are classified as local roads. Page 318 of 356 There are sidewalks along Black Hawk Road and Falls Avenue, but not along the north side of University Avenue. The new University Avenue trail will be located on the south side of University Avenue and should be completed later this year, the Sargent Road trail is located along the east side of the rezone area. The area of the proposed site is currently zoned "A-1"Agricultural District on the west end and "M-1"Light Industrial District on the east end, and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding uses and zoning: North— Warren Transport, Black Hawk Creek, and vacant land zoned "M- 1"Light Industrial District. South—Black Hawk Creek/Leonard Katowski Greenbelt zoned "A-1" Agricultural District East—US Highway 218 and US Highway 63 zoned "M-1"Light Industrial District and "R-4"Multiple Residence District. West— Residential and Commercial zoned"C-1,C-Z"Conditional Commercial District, "R-2" One and Two Family Residence District, "C-P" Planned Commercial District and"C-2" Commercial District. Homes built between 1911 and 1916 and commercial uses built between 1954 and 1979. No Buffering will be required for the rezone, and would be reviewed as future development through a future Site Plan Amendment approval process. A drainage plan will not be needed for the rezone, however a drainage plan will need to be included with any development that occurs at the site. A portion of the property in question is located in Special Flood Hazard area Zone A— 100 Year Floodplain and Floodway with the remaining portion protected by levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0301F, dated July 18, 2011. Irving Elementary School is located 0.919 miles to the southeast, Central Middle School is located 1.95 miles to the west and East High School is located 1.67 miles to the northeast. Hope Martin Park and the Leonard Katowski Greenbelt located to the south of University Avenue. There is a 21" sanitary sewer line that travels southwest/northeast along Background Information: Black Hawk Road then to the east of the road right-of-way, there is a 36" sanitary sewer line located south of the Falls Avenue right-of-way west of Black Hawk Creek then along the right-of-way to the east of Black Hawk Creek. There is overhead utility lines located on the east side of Black Hawk Road and the north side of Falls Avenue. The Future Land Use Map designates this area as Industrial and Parks, Open Space, Schools,Airport Government Facilities, Public Areas. The Comprehensive Plan is designed to be a guide, not a blueprint for overall development and planning of the community and the plan is in the process of being updated. The land on the east side of Black Hawk Creek was formally the site of Weissman Steel but recently was used as a log storage site by the Leisure Services Department. There is currently no active projects for the area but rezoning the area as planned districts will require any project proposed on the site to go through a Page 319 of 356 site plan amendment process. The land to the west of Black Hawk Creek is proposed to be zoned "C-P" with the land east of Black Hawk Creek zoned"B-P". "C-P"zoning allows the inclusion of residences which the"B-P"zoning does not, and "B-P" allows the inclusion of compatible light industrial uses which the"C-P" zoning does not. Black Hawk Creek does run through the propose rezone area and is a floodway however both sides of the river are protected by levees. The east side of the rezone area has been filled in from dirt created from the section of University Avenue that formally crossed the tracks of the former Chicago Great Western railroad but was abandoned and now is a recreational trail meaning that the high approaches were no longer needed. The bridge was removed and replaced with a box culvert and the height of the road was lowered by over 15' with the material being placed north of the road on the former Weissman Steel site making the site close to the level of the road, making the site accessible from University Avenue and making the site a great redevelopment site. The applicant is not planning to subdivide the property at this time. Therefore, staff recommends that the request to rezone approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to "C-P"Planned Commercial District and"B-P"Business Park District located at 700 Falls Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. Part of the properties in question are classified as Industrial on the Future Land Use Map, and the other part is adjacent to several commercial uses making them a good redevelopment site. 3. Any projects will be required to go through a site plan amendment process. A-1 to C-P Area: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established;thence Westerly along the centerline of University Avenue to the Southeasterly right-of-way line of Black Hawk Road as presently established; thence Northeasterly along said Southeasterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established; thence Southeasterly along said Northeasterly right-of-way line to the centerline of Black Hawk Creek; thence Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. A-1 and M-1 to B-P Area: Legal Descriptions: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established; thence Easterly along the centerline of University Avenue to the Northwesterly right-of-way line of the former Chicago Great Western Railroad; thence Northeasterly along said Northwesterly right-of-way line to the Southwesterly right-of-way line of U.S. Highway 218 as presently established; thence Northwesterly along said Southwesterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established; thence Northwesterly along said Northeasterly right-f-way line to the centerline of Black Hawk Creek; thence Page 320 of 356 Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. Page 321 of 356 February 9,2021 REQUEST: Request by the City of Waterloo to rezone approximately 17.50 acres from "A-1" Agricultural District and "M-1" Light Industrial District to "C-P" Planned Commercial District and "B-P" Business Park District located at 700 Falls Avenue. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone the property in question for DESCRIPTION: future development. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & neighborhood as the area is mostly a former industrial site. SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by University Avenue, which is classified as a Collector, and CONDITIONS: Black Hawk Road and Falls Avenue which are classified as local roads. RELATIONSHIP TO There are sidewalks along Black Hawk Road and Falls Avenue, but RECREATIONAL not along the north side of University Avenue. TRAIL PLAN AND The new University Avenue trail will be located on the south side of COMPLETE University Avenue and should be completed later this year, the STREETS POLICY: Sargent Road trail is located along the east side of the rezone area. ZONING HISTORY The area of the proposed site is currently zoned "A-1" Agricultural FOR SITE AND District on the west end and "M-1" Light Industrial District on the east IMMEDIATE endand has been zoned as such since the adoption of the Zoning VICINITY: Ordinance No. 2479 in 1969. Surrounding uses and zoning: North —Warren Transport, Black Hawk Creek, and vacant land zoned "M-1" Light Industrial District. South — Black Hawk Creek/Leonard Katowski Greenbelt zoned "A-1" Agricultural District East — US Highway 218 and US Highway 63 zoned "M-1" Light Industrial District and "R-4" Multiple Residence District. West — Residential and Commercial zoned "C-1,C-Z" Conditional Commercial District, "R-2" One and Two Family Residence District, "C-P" Planned Commercial District and "C-2" Commercial District. DEVELOPMENT Homes built between 1911 and 1916 and commercial uses built HISTORY: between 1954 and 1979. BUFFERS/ No Buffering will be required for the rezone, and would be reviewed SCREENING as future development through a future Site Plan Amendment REQUIRED: approval process. DRAINAGE: A drainage plan will not be needed for the rezone, however a drainage plan will need to be included with any development that occurs at the site. 700 Falls Avenue—Rezone from A-1 &M-1 to C-P and B-P Pdg@f 321�1 of 356 February 9,2021 FLOODPLAIN: A portion of the property in question is located in Special Flood Hazard area Zone A— 100 Year Floodplain and Floodway with the remaining portion protected by levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0301 F, dated July 18, 2011. PUBLIC /OPEN Irving Elementary School is located 0.919 miles to the southeast, SPACES/ Central Middle School is located 1.95 miles to the west and East SCHOOLS: High School is located 1 .67 miles to the northeast. Hope Martin Park and the Leonard Katowski Greenbelt located to the south of University Avenue. UTILITIES: WATER, There is a 21" sanitary sewer line that travels southwest/northeast SANITARY SEWER, along Black Hawk Road then to the east of the road right-of-way, STORM SEWER, there is a 36" sanitary sewer line located south of the Falls Avenue ETC: right-of-way west of Black Hawk Creek then along the right-of-way to the east of Black Hawk Creek. There is overhead utility lines located on the east side of Black Hawk Road and the north side of Falls Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial and COMPREHENSIVE Parks, Open Space, Schools, Airport Government Facilities, Public LAND USE PLAN: Areas. The Comprehensive Plan is designed to be a guide, not a blueprint for overall development and planning of the community and the plan is in the process of being updated. STAFF ANALYSIS — The City of Waterloo is requesting to rezone approximately 17.5 ZONING acres from "A-1" Agricultural District and "M-1" Light Manufacturing ORDINANCE: District to "C-P" Planned Commercial District and "B-P" Business Park District" for future development. The land on the east side of Black Hawk Creek was formally the site of Weissman Steel but recently was used as a log storage site by the Leisure Services Department. There is currently no active projects for the area but rezoning the area as planned districts will require any project proposed on the site to go through a site plan amendment process. The land to the west of Black Hawk Creek is proposed to be zoned "C-P" with the land east of Black Hawk Creek zoned "B-P". "C-P" zoning allows the inclusion of residences which the "B-P" zoning does not, and "B-P" allows the inclusion of compatible light industrial uses which the "C-P" zoning does not. Black Hawk Creek does run through the propose rezone area and is a floodway however both sides of the river are protected by levees. The east side of the rezone area has been filled in from dirt created from the section of University Avenue that formally crossed the tracks of the former Chicago Great Western railroad but was abandoned and now is a recreational trail meaning that the high approaches were no longer needed. The bridge was removed and 700 Falls Avenue—Rezone from A-1 &M-1 to C-P and B-P Pdg@f 321 of 356 February 9,2021 replaced with a box culvert and the height of the road was lowered by over 15' with the material being placed north of the road on the former Weissman Steel site making the site close to the level of the road, making the site accessible from University Avenue and making the stie a great redevelopment site. STAFF ANALYSIS — The applicant is not planning to subdivide the property at this time. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 17.50 acres from "A-1" Agricultural District and "M-1" Light Industrial District to "C-P" Planned Commercial District and "B- P" Business Park District located at 700 Falls Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. Part of the properties in question are classified as Industrial on the Future Land Use Map, and the other part is adjacent to several commercial uses making them a good redevelopment site. 3. Any projects will be required to go through a site plan amendment process. 700 Falls Avenue—Rezone from A-1 &M-1 to C-P and B-P PcfgIf 32W of 356 City of Waterloo Planning, Programming and Zoning Commission February y, 2021 0 - U I LQL 5� M-1 VE $w ,N AVELU Q i LU Z w w R-2- 0 wY ¢ eFy���gsy,"c Y a M-2 BI ARKAVE J w ? Z w _R-1,R-P a M-1 N000 ROCK ISLAND � E Y ¢ F- OMppERCIAL ST D G RwOOO LU 5 AVF ,AVF =BECKAVE M-2 P m� Q , n �� HA Q LL > C-1 MAro QF FALLS AVE W a = PJB H wC-P s JANNEY AVE w JANNE �° W.WASHINGTON ST w a w P,�14,' w a z Q O�PG� UNIUERSITYAVE M=1 Y Q h R-2 F Rs4 �O C-2 C-1,C-Z UNIVERSITYAVE R-� LELAND 3 P to P Ty C-2 Ow Z �� Sr w 3 w w ¢ �J� 5 z R-3 0,—L U N—AR LN W.WELLINGTON ST 0 z g CT '� p<A c� o Z Q CT cn 41 w A-1 LU AVE C-2 Q s w w = ELM OD ST R-3LLI 9 ° �� F� /WELLINGTON Ur C-1 CT LULU ST U PEORIA --- �,`9 <" C-1 SUMMIT AVE �O GSA Z 63VEGAS W.2ND ST 2 ?i .1 CT W.2ND ST Z /Opp R-4,C-Z�C-2 S-1 10 R-2 _ _ Ri4,C_Z -C REBER AVE G� C-1 U) �o o W.3RD W.3RD Z)ST m w R-3 C�1 y w j J U) B ST C�1 OHNSO ST z° ¢ a ¢ Q U >9 RK w o w HOME PARK BLVDco <�O 1 � R-3 > X J K I N 70o Falls Avenue W .E Rezone from "A-i" and "M-i" s to "C-P" and "B-P" 1,000 500 0 1,000 City of Waterloo Feet Page 325 of 356 City of Waterloo Planning, Programming and Zoning Commission February 9, 2021 CO STT _ ROCK ISLANOq Toys ��F 1 t LU s�� G7 �shi otic ��P �S) I Z acro itis �� < TiF - 775 f ~ LJ L " r BECK,AVE �°moi- �gssy�ti �o t Q W Area proposed to be rezoned "C-P" `rt F Planned Commercial District Proposed to be rezoned p WESTEIELD AVE L Area�� ;:; "B-P" Business Park District 1 1 . �T �P ti 4TsTw wq F r JANNEYAVE o' 9 - SyNGT m 63 h`l� 177 �� m, 63 63 UNIUNIVER VERSITYAVE � SITYAVE /UNIVERSITYAVE.UNIVERSITYAVEJUNIVERSITYAVE� sE Ro 63 63 t1 Legend - RANDALL ST RANDALL ST O ® 'M Area to be Rezoned "C-P" 63 s IM r • ® Area to be Rezoned to "B-P W WELLINGTON ST z � awjw cc WQ n m i o LU ELI 1 y h a 2 �O O Ire 4 w N 700 Falls Avenue W .E Rezone from "A-V and "M-i" s to "C-P" and "B-P" City of Waterloo Page 326 of 356 700 Falls Avenue — Rezone Looking east along University Avenue toward US Highways 63 and 218. y]RY �I Looking northwest toward Falls Avenue and US Highway 218. Page 327 of 356 *F Looking southwest from the corner of Falls Avenue and Black Hawk Road. } A + } Looking southeast toward University Ave. from the corner of Falls Ave. and Black Hawk Road Page 328 of 356 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(please print): CI-74 LkP WN:�t.v(j Address: 7)5 W68C6214 67 Phone:3n- D.1 I- 4 3(Av Fax: City: QJ+-T N1_Lao State: 14- Zip:_ So70) Email:tJ�La 6 N7N4&sl Q t J*'Te2t oo-1610 Q(r b. Status of applicant: (a)Owner_,X(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: Email: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: 72 0 0 r-A'1_1 's b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: �� �Jm.. Requested zoning: ;— — f. Reason(s)for rezoning and proposed use(s)of property: g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300+$10 per acre($750 mag) (payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in_gnestion in regards to the request. Signature of Applicant Date Signature of Owner Date Page 329 of 356 Rezone 700 Falls Avenue,A-1 and M-1 to C-P and B-P A-1 to C-P Area: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established; thence Westerly along the centerline of University Avenue to the Southeasterly right-of-way line of Black Hawk Road as presently established; thence Northeasterly along said Southeasterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established;thence Southeasterly along said Northeasterly right-of-way line to the centerline of Black Hawk Creek; thence Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. A-1 and M-1 to B-P Area: Beginning at the intersection of the centerline of Black Hawk Creek and the centerline of University Avenue as presently established; thence Easterly along the centerline of University Avenue to the Northwesterly right-of-way line of the former Chicago Great Western Railroad;thence Northeasterly along said Northwesterly right-of-way line to the Southwesterly right-of-way line of U.S. Highway 218 as presently established;thence Northwesterly along said Southwesterly right-of-way line to the Northeasterly right-of-way line of Falls Avenue as presently established; thence Northwesterly along said Northeasterly right-f-way line to the centerline of Black Hawk Creek;thence Southwesterly along said centerline of Black Hawk Creek to the Point of Beginning. Page 330 of 356 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Stephen Crozier, Police Officer, effective January 1, 2021 with recommendation of approval of payout of $14,294.74 for unused benefits. City Council Meeting: 3/15/2021 Prepared: ATTACHMENTS: Description Type ❑ Stephen Crozier Payout Cover Memo Communication from the Waterloo Police Department on the notice of the SUBJECT: conclusion of employment for Stephen Crozier, Police Officer. effective January 1, 2021 with recommendation of approval of payout of$14,294.74 for unused benefits. Submitted by: Submitted By: Page 331 of 356 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 • • Today's Date: 1/13/2021 Effective Date: 1/6/2021 Employment Date: 8/31/1990 To: City Council Members Re: Notice of Severance Department POLICE Job Title/Classification Police Officer This is to report that the employment of Stephen Crozier with the City of Waterloo has been severed by reason of: Retired Disability Related 0 No ❑Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Current 304.00 $38.00 $ 11,552.00 Vacation-Accrued 5.00 $38.00 $ 189.90 Usable Sick Leave 0.00 $38.00 (x)25% $ - Personal Hours 0.00 $38.00 $ - Unscheduled Leave 8.00 $38.00 $ 304.00 Unscheduled Overage 59.18 $38.00 $ 2,248.84 Other Pay 0.00 $38.00 $ Total Payment $ 14,294.74 Comments: Approved by Date / 3 —Z—( Human Resources WVDate ) 1I Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: ❑ AS/400 Status/Accruals [11-9 Page 332 of 356 CITY OF WATERLOO Council Communication Communication from the Leisure Services Golf Department on the notice of the conclusion of employment for Casey Ham, Golf Maintenance Il, effective February 16, 2021, with recommendation of approval of payout of $1,163.76 for unused benefits. City Council Meeting: 3/15/2021 Prepared: ATTACHMENTS: Description Type ❑ Casey Ham Payout Cover Memo Communication from the Leisure Services Golf Department on the notice of SUBJECT: the conclusion of employment for Casey Ham, Golf Maintenance II, effective February 16, 2021, with recommendation of approval of payout of $1,163.76 for unused benefits. Submitted by: Submitted By: Page 333 of 356 E F CITY OF WATERLOO , IOWA i . ! CITY HALL 715 MULBERRY STREET 50703 Today's Date: 2116/2021 I Effective Date: 2116/2021 f F i Employment Date: 8/25/2000 i To: City Council Members a Re: Notice of Severance Department Leisure Services Job Title/Classification Golf Maintenance fl I This is to report that the employment of Casey Narn with the City of Waterloo has been severed by reason of: 1A Retired Disability Related 91 No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 25 $ 29.84 $ 746.00 I F Vacation-Current 0 $ 29.84 $ - Usable Sick Leave 56 $ 29.84 (x)25% $ 417.76 Frozen Sick Leave 0 $ 29.84 (x)60% $ - Personal Hours 0 $ 29.84 $ Comp Time Pay 1 0 $ 29.84 $ - Unscheduled Leave $ i Other Pay $ Total Payment $ 1,163.76 Comments: i 3 7 t Approved by ,- Date Human Resourfes `� `' Date 0 I Routing: E Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) E Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6/28/17 Council Agenda Date: ❑ Accruals ❑Status D-9 i I Page 334 of 356 CITY OF WATERLOO Council Communication Complete Streets minutes of January 2021. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type U minutes Cover Memo SUBJECT: Complete Streets minutes of January 2021. Submitted by: Submitted By:Noel Anderson Page 335 of 356 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting January 19, 2021 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm January 19, 2021 by Chairperson Cass. Due to the COVID-19 pandemic the meeting was held via the Zoom online meeting application. Roll Call: Members present electronically: Felicia Cass, David Sturch, John Dornoff, Brian Schoon, Jessica Rucker, Pat Morrissey, Wayne Castle, Codie Leseman, Paul Huting, Greg Young and Aric Schroeder. Members absent were: Jessica Rucker, Matt Schindel, Sandi Greco, Will Frost, and Ray Feuss. Other people attending: Kevin Blanshan- INRCOG It was moved by Castle, seconded by Schoon to approve the minutes of the November 17, 2020 meeting. Motion carried unanimously. 1. Committee action to acknowledte members that have resigned or vacated their positions. • Cass read the list of those that are no longer on the committee: a. Abraham Funches (resigned) b. Dan Trelka(left employment with the Police Department) c. Janet Bules (resigned) d. Jeff Bales (left employment with the Engineering Department) e. Kevin Blanshan (resigned) f. Mohammad Elahi (resigned) It was moved by Huting, seconded by Morrissey to acknowledge Committee members who have resigned or vacated their positions. Motion carried unanimously. 2. Committee action to identify current officially appointed (voting) members and if the person's membership is tied to their position with a city department or other outside agency, or not tied to a position (citizen). • Cass and Schroeder explain the changes to the administrative rules to show if a person represents the city, and outside agency, or general citizen. This will avoid situations where once an individual is no longer with the city or that outside agency, then they will automatically no longer be on the Committee. • Cass read the list of current members and their position: a. Anne Marie Kofta—Northeast Iowa Area Agency on Aging b. Aric Schroeder—Planning Department c. Brian Schoon—INRCOG d. Codie Leseman—INRCOG e. David Sturch—MET Transit f. Felicia Cass—Citizen g. Gregory Young—Citizen h. Jessica Rucker—Main Street Waterloo i. John Dornoff—Planning Department j. Matt Schindel—Engineering Department Page 336 of 356 Complete Streets Advisory Committee January 19,2021 k. Pat Morrissey—City Council 1. Paul Huting—Leisure Services Department m. Ray Feuss—City Council n. Sandie Greco—Traffic Operations Department o. Wayne Castle—Engineering Department p. Will Frost—Citizen It was moved by Morrissey, seconded by Schroeder to identify the current officially appointed voting members of the Committee, and their position affiliation. Motion carried unanimously. 3. Moving meetings to the Last Tuesday of the Month • Schroeder went over the reasons for looking to change the meeting due to a change in the Planning and Zoning commission meeting to the 2nd Tuesday of the month because of changes to the city council meeting schedule. • Morrissey asked if the plan was to stay at the same time to which Schroeder said yes. It was moved by Huting, seconded by Morrissey to amend the City of Waterloo Compete Streets Advisory Committee Administrative Rules to change the regular meetings to the last Tuesday of the month (currently 3'd). Motion carried unanimously. 4. Update on MPO Pedestrian Master Plan and Waterloo Pedestrian Master Plan • Subcommittee has been meeting to come up with next steps and a policy for larger gaps. • Cass contacted many of the city council members. • A city plan is desired for sidewalks and how they get put in. • Leseman went over what the public has been asking for when it comes to sidewalks and what changes to city ordinances and policies that are being looked at. • Update signage throughout the city. • Support infrastructure for bicycles. • Phase out pedestrian actuated signals. • Being presented to the Cedar Falls complete streets committee to get their input. • Developments from the end of WWII to 1980's did not have many sidewalks installed but older areas and newer areas do have sidewalks. • Blanshan states that the policy will need to be approved by the entire board covering the surrounding smaller cities. • Discussion on urban development and why many areas do not have sidewalks. • Subcommittee has been meeting since September, goal is to get something to the council in April. • Goal is to cast a vision for the council. 5. MET Update • Still planning to do the route restructuring this July. • New routes are largely established,just need to be tested in real world environment. • No dates for public meetings yet. • Once routes are established, need to discuss better bus stops. • Discussion on what the University of Iowa students are working on and if it can be arranged to have the students present to the committee. 2 Page 337 of 356 Complete Streets Advisory Committee January 19,2021 6. Upcoming Planning and Zoning Commission • Schroeder went over what items that staff knows of for the PZ commission. • Dollar General on East Shaulis Road discussed. • Staff discussed project with Elahi who did not have concerns about traffic. • Should committee ask for pedestrian flashers to connect with sidewalk but concerns about Elahi opposing it? • Discussion on the crossing of US 218 and other issues with access to this area. • Will people try to walk from the theme park to the store? • Sidewalk should be required along the frontage so that it could connect to future sidewalk if the adjacent areas develop. 7. Other Project Updates • Next phase of the Shaulis road trail has been let that starts on the east side of US Highway 218. • 60% complete plans for 11th and Park Avenue Bridges has been submitted. Will be having a work session in February. Castle to ask Stanley to update committee in February. • Ridgeway may be a dead project due to lack of funding. Engineering may do an overlay due to the condition of the road. • Due to amount of local option moved to big projects there may not be a source of funding for Ridgeway reconstruction. • The La Porte Road project is proceeding but there is currently only funding for phase 1 and possibly phase 2. La Porte Road may push Ridgeway even further down on the priority list. Schroeder will reach out to AECOM to see if they can present about the project in March. • Jefferson street reconstruction is completed and a portion of streetscape. Schroeder will also talk to AECOM about discussing this project in March. • Enhancements along US Highway 63 project should be happing this year. 8. Other Discussion Items • Next meeting will be February 23ra Adjournment Cass adjourned the meeting at 3:02p.m. Respectfully submitted, John Dornoff Planner I 3 Page 338 of 356 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of January 27, 2021. City Council Meeting: 3/15/2021 Prepared:2/25/2021 ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes of January 27, 2021 Backup Material SUBJECT: Airport Board Meeting minutes of January 27, 2021. Submitted by: Submitted By: Page 339 of 356 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday January 27, 2021 I. ROLL CALL Chair Arlene Humble called the meeting to order, via Zoom, at 12:00 p.m. Board Members Present: Gwenne Berry, Cary Darrah, Scott Voigt, David Deeds, Todd Holcomb and Arlene Humble. City Officials Present: Council members Margaret Klein and Ray Feuss; Noel Anderson and Adrienne Miller. Airport Staff Present: Keith Kaspari, Airport Director, and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel, AECOM. if. AGENDA AS RECEIVED OR AMENDED Moved by Mrs. Berry, seconded by Mrs. Darrah, that the agenda be approved as received. Ayes: 5. Motion carried. 11I. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Voigt asked for additional information on the pavement testing on Taxiway B. Mr. Schindel explained and discussion followed. Mr. Voigt asked about Marsden and whether they have hired a replacement janitor for the airport. Mr. Voigt requested an update on the Terminal Carpet project. Mr. Kaspari stated all work should be complete no later than mid-February. Mr. Voigt asked about the CIP, and whether any of those projects will be paid for with CARES Act funding. Mr. Kaspari stated there will soon be an agreement with AECOM for the first of the CARES Act projects, Terminal Heating & Cooling Upgrades and Replacement of Vehicle Fueling System, and possibly others TBD. Anticipated CARES Act projects were not included on the CIP turned in to the city. B. Monthly Planning & Development Report—N/A 1 Page 340 of 356 C. Legislative Information—N/A D. Misc. Monthly Airport Reports Mr. Voigt stated that AA cancellations and delays are way down and it would be great if they could continue that trend after we get our 2nd daily flight back. Mr. Kaspari stated that the improved On-Time Performance is likely due to decreased congestion at O'Hare. Once ALO's flight schedule returns to normal (pre-COVID), cancellations and delays will likely go back to normal, as well. V. BOARD APPROVAL A. Approval of Minutes of the November 25, 2020 Regular Meeting Mr. Voigt moved that the minutes of the November 25, 2020 meeting be approved, seconded by Mrs. Berry. Ayes: 5. Motion carried. B. Motion to Receive and File December 2020 Expenses Mr. Voigt moved that the December 2020 expenses be received and filed, seconded by Mrs. Bent'. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Update:Kingfisher Aviation Lease Agreement Mr. Kaspari stated that the lease has been received back from Kingf'isher's Attorney and he has reviewed the lease and forwarded it on to the City Attorney with his comments. He hopes to have a finalized (signed)agreement by March 1, 2021. B. Update:Osprey Aviation (Picture Summary) Mr. Kaspari stated that they hope to finish the hangar and receive a Certificate of Occupancy by April. C. Update: Iowa DOT Aviation Bureau — Commercial Service Vertical Infrastructure Projects for FY 19-20-21. Mr. Kaspari reviewed the projects under the Vertical Infrastructure Grants: FY-19— Status of the Terminal Carpet Replacement; FY-20— Status of the Completion for another Phase of work on Hangar 4; and, FY-21 — Replacement of lighting in Hangars 1, 2, 3 and 3A & 313, and Limited Door Replacement (all leased to Livingston). D. Update:Water Main Installation Project Mr. Kaspari stated that the water main project is complete except for turf work that will be finished in the spring. 2 Page 341 of 356 E. Update:Advance Aviation—Phase 1 Campaign Mr. Kaspari stated that approvals have been received and Phase 1 is set to begin. VII. NEW BUSINESS A. Request to Serve ALO from Executive Car Rental Mr. Kaspari stated that he received a request from Executive Car Rental but due to many negative comments he has heard about this company he feels it may be best not to allow them to operate from ALO. He stated that he hopes Hertz will return once travel returns to pre-COVID levels. B. Airport Department—Financial Reports 1. Mid-Year FY-2021 (July —December); 2. Submittal of FY-2022 Operating Budget;and, 2. Capital Improvement Program. Mrs. Combs stated that the YTD Budget through December, in the packet, shows total revenues at only 34% of the fiscal year budget,while expenses were at 44%. However, farm rent payment 2 of 3 was received in early January, so current date budget reports show revenue at 46%and expenses at 47%. She stated that Staff is doing their best to keep spending in check but if year-end reports show a deficit then CARES Act funding will be allocated toward the operating budget to keep the airport self-sufficient. C. Review of Iowa's Commercial Service Airport and Passenger Activity through January 2, 2021 Board discussed information included in packet. D. Review of ALO's Transportation White Paper for Future Visit with Cedar Valley Coalition Board discussed information included in packet. E. Review of New and Draft Airport Logos Created by Staff from Advance Aviation Board reviewed two new logo options and discussed. Mr. Kaspari asked Board members to send him additional comments, which he will forward on to Advance Aviation. Vii[. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT 3 Page 342 of 356 Mrs. Berry moved the meeting be adjourned at 1:15 p.m., seconded by Mrs. Darrah. Ayes: 5. Motion carried. Respectfully submitted, r" Vn , d,- Arlen--c' Humble, 7airperson 4 Page 343 of 356 CITY OF WATERLOO Council Communication Leisure Services Commission Meeting minutes January 12, 2021. City Council Meeting: 3/15/2021 Prepared:2/19/2021 ATTACHMENTS: Description Type Leisure Services Commission Minutes of January 12, Backup Material 2021 SUBJECT: Leisure Services Commission Meeting minutes Januaryl2, 2021. Submitted by: Submitted By: Page 344 of 356 MINUTES WATERLOO LEISURE SERVICES COMMISSION l' TUESDAY, January 12, 2021 ZOOM Conference Call This meeting was held by ZOOM conference call. Brenda Durbahn called the meeting to order at 7:30am. Present: Brenda Durbahn, Jadyn Spencer, Tom Christensen, Bob Bamsey, Sharon Samec, Tom Powers, Tim Moses, Council Liaison Dave Boesen, WCF Courier Sydney Czyzon. Staff: Paul Huting, Travis Nichols, Mark Gallagher, Todd Derifield, JB Bolger and Chris Dolan Brenda Durbahn called for approval of the agenda. Motion to approve amended agenda by Sharon Samec, second by Tom Powers Ayes: all Nayes: none Brenda Durbahn called for motion for approval of the December 8, 2020 meeting minutes. Motion by Tom Christensen to approve minutes, second by Bob Bamsey Ayes: all Nayes: none Brenda Durbahn called for approval of the bills. Bob Bamsey made a motion to approve bills, second by Sharon Samec Ayes: all Nayes: none STAFF UPDATES [ Paul Huting Provided information concerning the CIP requests and the budget process for FYE2022. Also provided information concerning the realignment of staff. Forestry — Todd Derifield Forestry crews have been busy trimming trees along right of ways. Crews moved snow during the snow event in December. Crews started working on equipment maintenance for next season. Crews have been working with Sanitation division of Public Works Dept. to chip up Christmas trees curbside. And we are working on tree planting and pollinator planting projects for this coming season. Construction — Travis Nichols The construction crew are doing weekly park inspections and running the winter garbage route. They continue to do general maintenance at the parks and on Leisure Services buildings. The following projects are on standstill during the winter months: Hope Martin Shelter, Chemical Building concrete apron and the Tennis Center resurfacing. The Greenbelt Lake REAP project will receive bids on January 28ft' and hold public hearing on February 1St. Engineered estimate for that project is $249,000. The current Young Arena Roof Project is in the punch list phase. The future roof project is in the design phase. There was a fire at Riverfront Stadium that damaged two electrical panels. We are currently powering the offices with generator power and are working on a temporary service with MidAmerican. Modus Engineering is working on a cost estimate for repairs to turn into insurance company. Page 345 of 356 I' E' Young Arena — Chris Dolan The Waterloo Black Hawks have played 5 of 27 scheduled home games. Attendance i has been 500-600 per game. The average per game attendance the past few seasons has been 2500. Attendance allowed for Youth and High School games has increased because of most recent proclamation. Ice use has been steady since returning from shut down on December 9th. Arena is open from 6am-10 pm most days. Discussions with Waverly Wrestling Club have begun pertaining to The K-2n" Tournament that is scheduled to take place March 6th and 7th. Sports and SportsPlex-- Mark Gallagher Traffic has begun to pick up at the SportsPlex UNI Football and Track and Field is practicing at the SportsPlex Hawkeye Community College is practicing at the SportsPlex CVYSA is renting at the same level as past years Renting for tournament organizers Jefferson Street fighting has helped with lighting parking lots Aquatic Master Plan funding answer from BHCGA on January 25 Recreation program demand has started to return Golf and Downtown Area — JB Bolger • First significant snowfall of the year occurred on 12129120. Crews cleared that snow from walks and parking lots on 12/30/20 & 12131120. • Cross country ski trails were groomed for the first time this season on 12/30/20 and have been getting re-groomed approximately every other day since. • We are experiencing record usage of the Iry Warren cross country ski trails. Tom Christensen reported that on two different Saturdays there have been 75+ users and he noted that vehicles were in the parking lot from counties other than Black Hawk and we have had guests from as far away as Rochester MN to use the trail. He and other ski enthusiasts have been keeping our ground conditions updated on several ski websites. • Golf course crews are working on their equipment in the main shop and reel cutting units in the mower room. • First RAGBRAI meeting for the 2021 event was held last week. Right now the plan is that Waterloo will be a host overnight stop on Wednesday July 28, 2021. The RAGBRAI committee out of Des Moines will make the final call if the 2021 event can occur with regards to the Coronavirus on March 15th. The next regular Leisure Services Commission Meeting will be held Tuesday, February 9, 2021. The meeting will be held through zoom. Sharon Same made a otion to adjourn, second by Bob Bamsey. Brenda Durbahn adjourned rheetin at 8:00am. Shafo ' amec, 13'e6r4tary Signed this Date Page 346 of 356 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes of January 2021 and 1st Public Hearing minutes. City Council Meeting: 3/15/2021 Prepared:2/24/2021 ATTACHMENTS: Description Type ❑ January 2021 Minutes Backup Material SUBJECT: Community Development Board Meeting minutes of January 2021 and 1st Public Hearing minutes. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 347 of 356 Community Development Meeting Minutes J January 12,2021 I. Call to order John Chiles called to order the regular meeting of the Community Development Board via zoom at 4:03 p,m.on Tuesday January I2,2021,Chiles asked for an approval of the agenda for January 12,2021. It was moved by Hansen and seconded by Weekley to approve the agenda.Motion carded. IL Attendance: Present.Chairperson John Chiles,Cody Leistikow,Angela Weekley,Tach Hanson, and Felicia Carter Members Absent*Jenna Northey and Cam Campbell Also Present-Rudy D.Jones,Community Development Director;Anita Rousselow, Administrative Secretary;Angie Fordyce,Community Development Coordinator, Felicia Smith-Nalls,Neighborhood Services Coordinator;Matt Chesmore,Senior Rehabilitation Specialist,Jonathan Goider,City Council;Tom Powers 111. Approval of minutes from last meeting Approval of the minutes for the December 2020 board meeting.It was moved by Weekley and seconded by Hansen to approve the minutes for the December 2020 meeting,Motion carried, IV. Old Business: a) Staff Updates and Lead Grants:Staff is closing out the 2017 Lead Orant. Program requirements;some of the benchmarks that were reached were reported by Angie as follows:Assessments-82%Clearances-65%-LOCCS Draws 63%Training-15 events;Outreach-62 events;Amount spent- $1,834,668.42-returned$1,061,224,82 b) C-OVID-19 Applications:All but three contracts have been sent out to sub recipients along with subrogation.agreements.The remaining three will be out by the end of the week.Staff is working on the application that needs to be submitted for the funding from IEDA for second round COVID-19 funding, Page 348 of 356 V. New Business: a) Endorse Contracts December 2020:John Chiles asked for a motion to approve the contracts.Hansen made a motion to approve contracts for December 2020 and the motion was seconded by Leistikow.Motion carried. b) Neighborhood Services:A report was presented to the board about the Waterloo Neighborhood Coalition that was held on January 9. c) Date set for 21a Public Hearing:The date for the 2"0 Public Hearing for the FY22 Annual Action Plan will be held on February 16,2012 at 5:00 p.m. VI. Discussion Items: a.Subcommittee Meeting:Angie went over the subcommittee recommendations and explained the whys and the what's of this year's allocations.A lot of the public services will be awarded additional CARES Act money and because the past years allocations have not been spent(because of HUD's timeline)we had to watch the 15%cap on public services. b.V Public Hearing-Staff shared the timeline on what the remainder of the funding cycle looks like, VII.Adjournment It was moved by Weekley and seconded by Leistikow to adjourn the meeting.Motion carried.Meeting Adjourned. Minute submitted by: dy Leistikow in tes pro ed by: Board S Page 349 of 356 i Community Development Ist Public Hearing Meeting Minutes January 12, 2021 I. Call to order John Chiles called to order the 1St Public Hearing for the FY22 Annual Action Plan of the Community Development Board via zoom at 5:00 p.m. on Tuesday January 12, 2021. Chiles asked for an approval of the agenda for the public hearing for January 12, 2021. It was moved by Weekley and seconded by Hansen to approve the agenda. Motion carried. II. Attendance: Present: Chairperson John Chiles, Cody Leistikow, Angela Weekley, Zach Hansen, and Felicia Carter Members Absent: Jenna Northey and Cam Campbell Also Present: Rudy D. Jones, Community Development Director; Anita.Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Felicia Smith-Nalls,Neighborhood Services Coordinator; Mindy Smith, Intake Specialist; Matt Chesmore, Senior Rehabilitation Specialist; Jonathan Greider, City Council; Tom Powers; Barb Prather, Director of the Northeast Iowa Food Bank; Susan Entriken, Community Outreach Manager of Northeast Iowa Food Bank; Michele Feltus, One City United; Dean Feltus, One City United; Mike Hayworth, Rosemont Companies; Andrew Finnegan, Iowa Heartland Habitat for Humanity; Jon Brundrett, 3 Little Lambs, L.L.C.; Barb Grant, Director of Operation Threshold III. Motion to Receive and File Affidavit A motion was made by Weekley to receive and place on file an affidavit for proof of publication for the Notice of the Public Hearing that was published on Sunday, December 27, 2020 meeting. Hansen seconded that motion. Motion carried. IV. Motion to Open the Public Hearing John Chiles asked for a motion to open the public hearing. Weekley made a motion to open the public hearing and Carter seconded that motion. Motion Carried. Barb Grant, Operation Threshold, began the hearing and discussed the program, formerly known as Weatherization Plus, which is now called Minor Rehab Program. Page 350 of 356 i Operation Threshold has some funding still available from last year's funding cycle but because of the COVID-19 shutdown, they were unable to spend it. Andrew Finnegan, Director of Advancement for Iowa Heartland Habitat for Humanity touched on their program for owner occupied homes that need critical repairs. Their target area is Walnut and Church Row. Barb Prather, Director of Northeast Iowa Food Bank has seen a large increase in the numbers of food insecure people this year due to the pandemic. The Food Bank is still doing the curbside vs the pantry client choice. There has been a 20% increase of food needs. Barb thanked Community Development for the support. Dean Feltus, One City United talked about the need for men coming out of incarceration to have a healthy good quality home to come"home"to. He explained that they are in the second phase of their program (home rehab) and thanked Community Development for the support. Mike Hayworth, Rosemont Companies asked about a time frame for the contract and funding for the project. Staff has several details to work out with this project. V. Motion to Close the Public Hearing John Chiles asked for a motion to close the public hearing. Hansen made a motion to close the public hearing and Carter seconded that motion. Motion Carried. VI. Motion to Publish the Initial Subcommittee Recommendations on February 7, 2021 before the next public hearing on February 16,2021. John Chiles asked for a motion to publish the initial subcommittee recommendations on February 7, 2021 before the next public hearing. Leistikow made the motion to publish the recommendations and Carter seconded that motion. Motion carried. VIL Motion to Adjourn John Chiles asked for a motion to adjourn. It was moved by Hansen and seconded by Weekley to adjourn the meeting. Motion carried. Meeting Adjourned. Minutes submitted by: Cody Leistikow Minutes approved by: Board Page 351 of 356 CITY OF WATERLOO Council Communication Historic Preservation minutes of January 2021. City Council Meeting: 3/15/2021 Prepared: 3/3/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Historic Preservation minutes of January 2021. Submitted by: Submitted By: Page 352 of 356 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING-January 20, 2021-4:30 P.M. Meeting was held by Zoom online meeting application Hedrick called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:40 p.m. Commission Members in attendance electronically were: Ed Ottesen, Terry Stevens,Nick Hedrick, Mathew Gilbert, and Susan Price. Commission Member(s) absent were: Alice Rohret Others present electronically: John Dornoff-Planning Staff; Ed Gallagher-Grout Liaison; Pat Morrissey-City Council Liaison; Brennan Dolan-Iowa DOT; and Wayne Castle-Waterloo Engineer. Approval ofA,-enda Motion made by Price, seconded by Hedrick to approve the agenda of the January 20, 2021 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Price to approve the minutes of the November 17, 2020 meeting. Motion carried unanimously. Oral Presentations None Hearings 1. Park Avenue Bridge Brennan Dolan Archeologist with the Iowa Department of Transportation explained his responsibilities when it comes to doing research for the Park Avenue Bridge project. The Park Avenue Bridge was funded by the Public Works Administration a New Deal infrastructure program. The bridge is individually eligible for the National Register of Historic Places but needs to be replaced. Dolan explained the background of the project which is one of many projects being funded from a grant that the state of Iowa was awarded. The team is determining what mitigation efforts should be done when replacing the bridge. Dolan asked for two members of the commission to assist him to which Stevens and Price stated that they would assist in the project. -1- Page 353 of 356 Stevens asked if the research only applies to the bridge area or the surrounding area to which Dolan responded that it was open. 2. Request for a Certificate of Economic Hardship to demolish 928 Mulberry Street. Dornoff read the staff report. Morrissey stated that this is the reason that the HPC should have a budget to help take care of buildings such as these. Stevens asked if it was possible to bring in organizations such as Hawkeye, UNI, or even Habitat to rehab buildings such as this. Gilbert stated that he has met with those organizations and would like to purse working with them. Stevens said it was important to have a more detailed history of the building and to search for grants to fix up the building. It was moved by Stevens, seconded by Price to table the request until a history of the building can be completed, the search from possibilities to rehab the building, and for the building to be documented. Motion passed unanimously. Building Consultation None Reports 1. Main Street Several design reviews has come before the board. Main Street is planning for Tour D'Loo although not sure how it is going to play out due to the current COVID situation. 2. Silos and Smokestacks. No Report 3. Grout Museum Museum is still open, the Imaginariam and Snowden house are not open and the museum itself is only partially open. 4. Building Update Dornoff stated there was a group that looked at Rath but there is concern that due to water infiltration that the building may become structurally unsound if something is not done soon. -2- Page 354 of 356 Dornoff stated that the owners of the courier building were recently here to look at the building. 5. Proiect Update The Feds have extended the grant deadline for the Civil Rights project and due to COVID it may take longer to finish. 6. Highland Discussion about people do changes to their buildings without permits and coming to the commission. 7. Walnut Dornoff stated that Habitat for Humanity may look to turn the house on Iowa Street that was moved there as part of the US Highway 63 project. Gilbert stated that there is discussions on the future of Walnut Baptist Church. Dornoff stated that commission needs to think about Mt. Moriah Baptist Church to which Stevens stated that she will try to work with the owners of the building. Stevens noted that the home oat Iowa Street and Dane Street was owned by Mrs. Minnie Powell and was the first African-American owned book store in Waterloo. Discussion Items/Possible Action Items 1. Goals and Action Plan Dornoff suggested commission members look over the goals and action plan over the next month and talk about it next month since it has been a couple of years since it was looked at in detail. 2. HPC Awards Banquet 2021 Dornoff stated that the commission will need to look at whether the May date is going to work as it looks like many organizations are looking to move things to September or later. Gilbert suggested about looking at having the banquet virtually as he recently attended a banquet virtually and it had the best attendance ever. 3. Demolitions/City Owned Properties Morrissey noted that the Mayor is looking to quickly demolish as many dilapidated houses as possible in the next few months so more significant buildings may be lost to which Dornoff responded that he went through the list and 928 Mulberry is the only building on the list that is considered significant. -3- Page 355 of 356 Adiournment Ottesen adjourned the meeting at 5:45p.m. Respectfully submitted, U John Dornoff Planner I -4- Page 356 of 356